Bestand Technologies Ltd.(¡°Bestand¡±,¡°we¡±,¡°our¡±, ¡°Company¡±) welcomes you (the¡°User(s)¡±, or¡°you¡±) to our mobile application (the¡°App¡±) . Each Users may use the App in accordance with the terms and conditions here under.
By connecting to, accessing or using the App, and/or by installing and/or downloading the App on your mobile device, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy (the¡°Privacy Policy¡±) (collectively, the¡°Terms¡±) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the App/or Services and you acknowledge that these Terms constitute a binding and enforceable legal contract between Bestand and you.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT CONNECT TO, ACCESS OR USE THE APP AND THE SERVICES IN ANY MANNER, DO NOT INSTALL THE APP AND/OR PROMPTLY UNINSTALL THE APP FROM YOUR MOBILE DEVICE.
Our App and Services are available only to individuals who (a) are at least fourteen (14) years old; and (b) possess the legal capacity to enter into these Terms and form a binding agreement under any applicable law.
Our App offers tracking of your posture while using our Bestand sensor device, adhesives (each a¡°Device¡±) . The Devices and a discreet wearable electronic sensor device which connects through Bluetooth to your mobile device to track your posture. When you are slouching or sitting not in an Bestand posture the device gently vibrates to remind you to correct your posture. In order to use the Device it must be set by the User to the position the User feels is optimal for his/her posture. The Services may include the sending of push-notifications, messages, emails, alerts via various means of communication.
THE SERVICES ARE DESIGNED AS A TOOL TO ASSIST IN IMPROVING YOUR POSTURE AND WELLBEING AND OFFER USERS INFORMATION REGARDING HIS/HER POSTURE. THE SERVICES ARE NOT INTENDED TO REPLACE CONSULTATION WITH A QUALIFIED HEALTHCARE PROFESSIONAL OR SERVE AS A SUBSTITUTE TO ANY MEDICAL DIAGNOSIS OR TREATMENT. THE USER SHOULD ALWAYS CONSULT WITH A QUALIFIED PERSONAL MEDICAL ADVISOR.
THE CONTENT (AS DEFINED BELOW), INCLUDING ANY INFORMATION, MATERIAL, DATA THE RESULTS OF THE USER¡¯S USE OF THE DEVICE, IS MADE AVAILABLE FOR PERSONAL USE ONLY, AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE. THE USER HEREBY ACKNOWLEDGES THAT THE DEVICES IS NOT FDA APPROVED.
Bestand DOES NOT, EITHER EXPRESSLY OR IMPLICITLY, ENDORSE, RECOMMEND OR IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY AND/OR DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCURRED AS A RESULT, OR IN CONNECTION WITH, THE USE OF THE SERVICES AND/OR DEVICE AND/OR APP AND/OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE USE OF THE SERVICES AND/OR DEVICE AND/OR APP. WE DO NOT GUARANTEE THAT ANY OF THE USERS¡¯ NEEDS WILL BE FULFILLED.
In order to use the Services, you acknowledge and agree that you will be required to provide the Company with certain information, including personally identifiable information. You expressly acknowledge and agree that in order for Bestand to provide the Service, Bestand may have to access and/or use the information you provided to Bestand. A comprehensive explanation regarding the information that we collect from our Users appears in our Privacy Policy.
Note: The Device is offered for sale via Bestand¡¯s authorized resellers. Use of the App are currently free of charge, however, Bestand reserves the right to charge fees for such use in the future. In addition, you hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the App , according with the applicable rates charged by your respective third party internet and data usage service provider as may be from time to time.
The APP also provide comprehensive information regarding Bestand and resources such as Q&A, and may include any other content related thereto such as contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the ¡°look and feel¡± of the App, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, Video and other features obtained from or through the App (collectively, the ¡°Content¡±). In addition, we may offer a User who provides their e-mail address updates via e-mail regarding any Bestand developments, etc.
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE APP AND/OR SERVICES ARE RESERVED TO Bestand OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE APP AND/OR SERVICES AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN ¡°AS IS¡± BASIS. Bestand WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS, INCURRED BY YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE APP AND/OR SERVICES AND/OR THE CONTENT AVAILABLE THEREIN, AND/OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE USE OF THE APP AND/OR SERVICES AND/OR THE CONTENT AVAILABLE THEREIN.
YOUR USE OF THE APP AND/OR SERVICES AND/OR THE CONTENT AND/OR THE DEVICES IS ENTIRELY AT YOUR OWN RISK.
There are certain conducts which are strictly prohibited when using the Service. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Bestand¡¯s sole discretion) in the termination of your use of the Services and may also expose you to civil and/or criminal liability.
You may not (and you may not permit any third party to) unless otherwise explicitly permitted under these Terms:
In order to use the App you must download the App from the necessary mobile application marketplace.
In order to use the Service, you must register, so we can get to know you and your needs better and fit the best solution for you and create an account (the¡°Account¡°). Registration can be done by completing the registration process in the App which may require you to provide the Company with your first and last name, e-mail address, and a password, as well as additional information which may be required by Company from time to time.
Your Account is password protected. In order to protect the security of your Personal Information available on your Account to the greatest extent possible, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE PASSWORD AND ACCOUNT AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. If we in good faith believe you have created an Account impersonating another person such Account may expose you to civil and/or criminal liability.
You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Bestand. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events you must change your password immediately via the settings in the App. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Account or any other breach of security.
We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the App. Our policy and practices and the type of information collected are described in detail in our Privacy Policy which is incorporated herein by reference.If you intend to connect to, access or use the App you must first read and agree to the Privacy Policy.
Subject to the terms hereof, Bestand hereby grants to you, and you accept,a personal,nonexclusive,non-commercial, non-transferable, non-sublicensable and fully revocable limited license (i) to download and use the App on your authorized mobile phone, device or tablet computer that you own or control, solely for the limited purpose of using the App for your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (defined below) and applicable law; and (ii) to use the Services and the Content provided in the App in accordance with the terms contained in this Agreement.
The Terms do not convey to you an interest in or to the Company Intellectual Property (defined below) but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company¡¯s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to Bestand regarding the App and/or Services (¡°Feedback¡°), Bestand shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Bestand current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential.
Further, you warrant that your Feedback is not subject to any license terms that would purport to require Bestand to comply with any additional obligations with respect to any Bestand current or future products, technologies or services that incorporate any Feedback.
Bestand has no obligation to provide upgrades or new releases of the App under these Terms.
The App, the Content and the Company¡¯s proprietary assets and any and all intellectual property rights pertaining thereto (including without limitation, any all intellectual property rights relating to the Device), including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered (collectively, ¡°Intellectual Property¡±), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
¡°Bestand¡± Bestand™, Bestand¡¯s marks and logos and all other proprietary identifiers used by the Company in connection with the Services (¡°Company Trademarks¡±) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site and/or App and/or Services belong to their respective owners (¡°Third Party Marks¡±). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or Third Party Marks and therefore you will avoid using any of those marks.
Certain links provided herein permit our Users to leave this App and enter non-Bestand sites or services. Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of Bestand and it is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, Bestand is not responsible or liable for such linked sites and services¡¯ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. Bestand reserves the right to terminate any link at any time. You further acknowledge and agree that Bestand shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resources . Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.
Since you are downloading the App from a third party platform, service provider or distributor (¡°Platform Provider¡°) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (¡°Usage Rules¡°). Certain Usage Rules are described below, but other Usage Rules may apply and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider¡¯s Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider¡¯s representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider¡¯s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.
Apple Inc.
The following applies to you if you downloaded the App from the Apple App Store (¡°iTunes-Sourced Software¡°): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the iTunes-Sourced Software on an iOS device that you own or control, as well as accessed and used by other accounts associated with you via Family Sharing (as set forth in the Apple App store Terms of Service) (ii) these Terms are solely between you and Bestand, not Apple Inc. (¡°Apple¡°), and that Apple has no responsibility for the iTunes-Sourced Software or content thereof, (iii) your use of the iTunes-Sourced Software must comply with Usage Rules established by Apple, including those set forth in the App Store Terms of Service effective as of the date you enter into these Terms, and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software.
In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the iTunes-Sourced Software. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Bestand as provider of the App.
Bestand and you acknowledge that Bestand, and not Apple, is responsible for addressing any claims relating to the iTunes-Sourced Software or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use thereof infringes that third party¡¯s intellectual property rights, Bestand, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple¡¯s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
The App may use or include third party software, files and components that are subject to open source and third party license terms (¡°Third Party Components¡°). Your right to use such Third Party Components as part of, or in connection with, the App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the App and Bestand disclaims all liability related thereto. You acknowledge that Bestand is not the author, owner or licensor of any Third Party Components, and that Bestand makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the App or any portion thereof (except for the Third Party Components contained therein) be deemed to be ¡°open source¡° or ¡°publicly available¡° software.
The Services¡¯ availability and functionality depends on various factors, such as communication networks. Bestand does not warrant or guarantee that the Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
Bestand reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this App and/or Services (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this App and/or Services may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Bestand shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this App or the Content included therein and/or the Services. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
If Bestand supplies to you any updates, upgrades and any new versions of the App (¡°Updates¡°) according to its then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such Updates. For clarity, Bestand has no obligation to provide Updates.
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE APP AND/OR SERVICES AND THE CONTENT ARE PROVIDED ON AN ¡°AS IS¡±, ¡°WITH ALL FAULTS¡± AND ¡°AS AVAILABLE¡± BASIS, AND Bestand, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS(COLLECTIVELY, ¡°Bestand¡¯S REPRESENTATIVES¡±), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
THE DEVICE, APP, SERVICES AND THE CONTENT THEREIN ARE PROVIDED FOR PERSONAL USE ONLY AND DO NOT PROVIDE OR CONSTITUTE PROFESSIONAL, MEDICAL OR PARAMEDICAL ADVICE OR HEALTHCARE SERVICES AND MUST NOT BE RELIED UPON AS SUCH. YOU SHOULD MAKE ALL MEDICAL OR HEALTH RELATED DECISIONS ON THE BASIS OF PROFESSIONAL ADVICE FROM A LICENSED PHYSICIAN OR QUALIFIED HEALTH CARE PROFESSIONAL WHO IS FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES.YOU HEREBY ACKNOWLEDGE THAT THE DEVICE AND SERVICES ARE NOT FDA APPROVED.
WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE APP, THE DEVICE IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT BestandWILL CORRECT ANY ERRORS OR DEFECTS IN THE APP , (III) THE APP WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND Bestand AND Bestand¡¯S REPRESENTATIVESARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, (IV) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE APP AND/OR SERVICES AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE APP AND/OR SERVICES (INCLUDING THAT THE RESULTS OF USING THE APP AND/OR SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS OR BE FREE FROM MISTAKES AND/OR WILL BE EFFECTIVE, ACCURATE OR RELIABLE). Bestand AND Bestand¡¯S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE APP AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE APP AND/OR THE SERVICES, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE APP AND/OR THE SERVICES.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN Bestand.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
YOU AGREE THAT THE USE OF THE APP AND/OR THE SERVICES AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
USE OF THE APP AND/OR THE SERVICES AND/OR THE CONTENT DOES NOT CREATE A PHYSICIAN/PATIENT RELATIONSHIP. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE APP AND/OR WITHIN THE SERVICES OR CONTENT. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR IMMEDIATELY. PLEASE, NOTE THAT RELIANCE ON ANY INFORMATION PROVIDED BY Bestand WITHIN THE SUBSCRIPTION SERVICES IS SOLELY AT YOUR OWN RISK. Bestand MAKES NO HEALTH WARRANTIES OR GUARANTEES OF ANY KIND AND YOU SHOULD CONSULT WITH YOUR DOCTOR OR HEALTHCARE PROVIDER IN RELATION TO ANY AND ALL QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING ANY HEALTH OR PHYSICAL CONDITION THAT YOU MAY HAVE BEFORE ABIDING TO ANY CUSTOMIZED PROGRAMS.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL Bestand, INCLUDING Bestand¡¯S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES AND CONTENT) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE APP AND/OR SERVICES AND/OR THE CONTENT YOUR USE OR INABILITY TO USE THE APP AND/OR SERVICES AND/OR THE CONTENT AND/OR THE FAILURE OF THE APP TO PERFORM AS DESCRIBEDOR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF Bestand TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF Bestand OR Bestand¡¯S REPRESENTATIVES, BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER Bestand (OR Bestand¡¯S REPRESENTATIVES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, Bestand¡¯S AND Bestand¡¯S REPRESENTATIVES¡¯ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APP AND/OR SERVICES OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO Bestand FOR USE OF THE APP AND/OR SERVICES OR $US1.00, WHICHEVER IS GREATER.THE LIMITATION OF LIABILITY PROVISIONS WHICH APPLY TO ANY RESPONSIBILITIES OF THE APPLICABLE PLATFORM PROVIDER ARE SET FORTH IN THEIR APPLICABLE USAGE RULES. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM Bestand¡¯S REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless Bestand and Bestand Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney¡¯s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the App and/or Services and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party with respect to your use of the Services; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the App and/or Services. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
The Company may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. Such material changes will take effect seven (7) days after such notice was provided on our App or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated ¡°Last Revised¡± and your continued use of the App on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. In the event of your failure to comply herewith Bestand may immediately temporarily or permanently limit, suspend or terminate your Account.
In addition, Bestand may temporarily or permanently limit, suspend or terminate your Account. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Services, you may terminate these Terms at any time by uninstalling our App , and stopping your use thereof and this will be you sole remedy in such circumstances. In such circumstance and upon termination of these Terms in the event of your failure to comply herewith: (i) the license and all other rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the Service, delete and destroy all copies of the App in your possession or control and so certify to Bestand if required by it, and (iii) the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
Additionally, Bestand may at any times, at its sole discretion, cease the operation of the Services or any part thereof, temporarily or permanently, delete any information from the App or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein without giving any prior notice. You agree and acknowledge that Bestand does not assume any responsibility with respect to, or in connection with the termination of the App¡¯s operation and loss of any data.
We note that we can suspend access to your Account if we believe, in our sole discretion, that one (or more) of the following events have occurred: (a) there is risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension is needed to protect the rights, property or safety of Bestand, its users or the public; (d) there is a basis for termination of your Account; (e) you have violated these Terms; and/or (f) we are required to by law. We may provide you a notice in the event of any such suspension. During such suspension, you will not have the ability to use or access your Account. In the event that we will determine, in our sole discretion, that the reason for suspension of access to your Account has been resolved, we will restore access to your Account.
To use the Services you must be over the age of fourteen (14). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of fourteen (14) are not using the App and/or Services. In the event that it comes to our knowledge that a person under the age of fourteen (14) is using the App and/or Services, we will prohibit and block such User from accessing the App and/or Services and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such User.
(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the App and/or Services or the Content contained therein will be governed by and interpreted in accordance with the laws of the State of China without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the App and/or Services will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the China . You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Bestand may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE DEVICE, THE APP AND/OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by Bestand, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.