Lastly updated: July 3rd,
2024
Thank you for your interest
in the Avinox APP (the “APP”). These Terms of Use
(these “Terms”) apply to your use, purchase and access to the APP we offered,
together with all content, tools, data, features and functionalities we offered
on or through the APP (collectively, the “Services”). Please read these Terms carefully. By
accessing or using the Services in any manner, you agree to be bound to these
Terms.
As used herein, “we”, “us”
or “RYZE” refers to Shenzhen RYZE Tech Co., Ltd. and its affiliated companies, and
“you” refers to you as a user of the Services. If you are agreeing to these
Terms or accessing and/or using the Services on behalf of an entity,
organization, company, or individual other than yourself, you represent and
warrant that you have the authority to bind that entity, organization, company
or individual to these Terms and you agree to be bound by these Terms on behalf
of such person.
YOU ACKNOWLEDGE
AND AGREE THAT, AS PROVIDED IN GREATER DETAIL IN THESE TERMS:
BINDING ARBITRATION AND NO CLASS ACTION. Subject to the
country specific provisions below, these Terms provide that all disputes
between you and RYZE will be resolved by binding arbitration. You agree to give
up your right to go to court to assert or defend your rights under these Terms,
except for matters that may be taken to small claims court. Your rights will be
determined by a neutral arbitrator and not a judge or jury, and your claims
cannot be brought as a class action. Please
review Section 13 (“Dispute
Resolution and Arbitration”) of these Terms
for the details regarding your agreement to arbitrate any disputes with RYZE.
NO WARRANTIES AND LIMITED LIABILITY. Subject to the
country specific provisions below, the Services is provided “as-is” and without
warranties of any kind, and RYZE’s liability to you is limited. Please review Section 10 (“Disclaimers; No Warranties”) and Section 11 (“Limitation of Liability”) of these Terms
for the details regarding your agreement to RYZE’s disclaimer of warranties and
limitation of liability.
IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO ANY OF
THESE TERMS, THEN YOU MAY NOT USE THE SERVICES.
By agreeing to these Terms,
you represent and warrant to us that you are at least 18 years of age, or if
you are under 18 years old (or the relevant age in your jurisdiction where you
are considered a minor), you represent that your parent or legal guardian has
read these Terms and agrees to be bound by these Terms on your behalf.
The APP Privacy Policy describes how the APP handles the
information you provide to it when you use the Services, including all
information provided when you register an Account. For an explanation of the
APP privacy practices, please visit our Privacy Policy.
License
Grant. Subject to your compliance with these Terms, RYZE hereby grants to you, a
personal, worldwide, royalty-free,
non-assignable, non-sublicensable, non-transferrable, and non-exclusive license
to use the APP provided to you as part of the Services (and to download a
single copy of the APP onto the equipment or device specified by us). This
license has the sole purpose of enabling you to use and enjoy the benefit of
the Services as provided by us, in the manner permitted by these Terms and
subject to the use restrictions described below. Your access and use of the
Services may be interrupted from time to time for any of several reasons,
including, without limitation, the malfunction of equipment, periodic updating,
maintenance or repair of the Service or other actions that RYZE, in its sole discretion, may
elect to take.
You acknowledge and agree that due to technology upgrade, service system
upgrade, business strategy adjustment, or changes in major national
technologies, regulations and policies, we do not guarantee that the APP will
be permanently provided, and we are entitled to change the form, specification
or other aspects of the APP. Prior to terminating the provision of technical support or making such
changes, RYZE will use reasonable efforts to notify you through website announcement.
Restrictions
on Your Use of the Services. You may not do any of the following, unless
applicable laws or regulations prohibit these restrictions or you have our written permission to do so:
Use of the APP. You are responsible for
providing the mobile device, wireless service plan, software, Internet
connections and/or other equipment or services that you need to download,
install and use the APP. We do not guarantee that the APP can be accessed and
used on any particular device, unless it is with any particular service plan.
We do not guarantee that the APP will be available in any particular geographic
location. As part of the Services and to update you regarding the status of the
device, you may receive push notifications, local client notifications, alerts
or other types of messages directly sent to you in connection with the APP
(“Push Messages”). You acknowledge that, when you use the APP, your wireless
service provider may charge you fees for data and/or other wireless access,
including in connection with Push Messages. You have control over the Push
Messages settings, and can opt in or out of these Push Messages through the
Services or through your mobile device’s operating system (with the possible exception
of infrequent, important service announcements and administrative messages).
Third Party Materials in the
Services. Certain Services may display, include or make
available content, data, information, applications or materials from third
parties (“Third Party Materials”). You may also affirmatively opt in or
download Third Party Materials. The Service may also provide links to certain third party websites. By using the Services, you acknowledge
and agree that the APP is not responsible for examining or evaluating the
content, accuracy, completeness, availability, timeliness, validity, copyright
compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. The APP does not warrant
or endorse and does not assume and will not have any liability or
responsibility to you or any other person for any third-party services, Third
Party Materials or third-party websites, or for any other materials, products,
or services of third parties. Third Party Materials and links to other websites
are provided solely as a convenience to you.
Service Fee. Some Services the APP provide are paid
Services. If you choose to use those Services please make sure you have read
and agreed to the terms. The APP may
modify the paid Services or change the charging plan. The APP may also turn free Services to
paid Services at any time. Before a change of fees, the APP will notify users on the Service
page. If the APP
choose to turn a paid Service to free, the APP will not reimburse or refund the
users who have paid for the Services.
If you choose to provide input or suggestions regarding
problems with, or proposed modifications or improvements to, the Services
(“Feedback”), then you hereby grant RYZE an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid,
royalty-free right to exploit such Feedback in any manner and for any purpose
with no duty to make any payments or notice to you for such exploitation.
By using and/or accessing the Services, you represent and
warrant that your access and use of the Services, your involvement of events or
activities incidental to your use of the Services comply and will comply with all
applicable laws, statutes, and regulations. Should the local law require a certification or
permission before your activities using the APP, you will apply and obtain such
certification or permission by yourself to conform to the law. If your use of
the APP cause RYZE to violate the law, RYZE is entitled to suspend or terminate
your Service including but not limited to terminate your account.
7. ownership
The visual interfaces,
content, graphics, design, firmware, software, services, and all other elements
of the Services are protected by intellectual property and other laws. All
right, title and interest in and to the Services are the property of us or our
third-party licensors. We and our licensors reserve all rights to the Services
not granted expressly in these Terms.
User Content
Generally. Certain features of the Services
may permit users to upload content, including messages, reviews, photos, video,
images, folders, data, text, and other types of works (“User Content”) and to
publish User Content to be made available through the Services. You retain
copyright and any other proprietary rights that you may hold in the User
Content that you post.
Limited License
Grant to Us. By posting or publishing
User Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid
right and license (with the right to sublicense) to host, store, transfer,
display, perform, reproduce, modify for the purpose of formatting for display,
and distribute your User Content, in whole or in part, in any media formats and
through any media channels now known or hereafter developed.
Limited License
Grant to Other Users. By posting or sharing User Content
with other users of the Services, you grant those users a non-exclusive license
to access and use that User Content as permitted by these Terms and the
functionalities of the Services.
User Content
Representations and Warranties. You are solely responsible for your User Content and the consequences of
posting or publishing User Content. By posting or publishing User Content, you
affirm, represent, and warrant that: (a) you are the creator and owner of the
User Content, or have the necessary licenses, rights, consents, and permissions
to authorize us and users of the Services to use and distribute your User
Content as necessary to exercise the licenses granted by you in this section,
in the manner contemplated herein; and (b) your User Content, and the use of
your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party
right, including any copyright, trademark, patent, trade secret, moral right,
privacy right, right of publicity, or any other intellectual property or
proprietary right; (ii) slander, defame, libel, or invade the right of privacy,
publicity or other property rights of any other person; or (iii) cause us to violate
any law or regulation.
User Content Disclaimer. We are under no obligation to edit
or control User Content that you or other users post or publish, and will not
be in any way responsible or liable for User Content. We may, however, at any
time and without prior notice, screen, remove, edit, or block any User Content
that in our sole judgment violates these Terms or is otherwise objectionable.
You understand that when accessing the Services you
will be exposed to User Content from a variety of sources and acknowledge that
User Content may be inaccurate, offensive, indecent, or objectionable. You
agree to waive, and do waive, any legal or equitable right or remedy you have
or may have against us with respect to User Content. We expressly disclaim any
and all liability in connection with User Content. If notified by a user or
content owner that User Content allegedly does not conform to these Terms, we
may investigate the allegation and determine in our sole discretion whether to
remove the User Content, which we reserve the right to do at any time and
without notice. For clarity, We do not permit any
copyright-infringing activities.
Notice of Infringement – DMCA Policy. If you believe that any text, graphics,
photos, audio, videos or other materials or works uploaded, downloaded or
appearing on the Services have been copied in a way that constitutes copyright
infringement, you may submit a notification to our copyright agent in
accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the
“DMCA”), by providing the following information in writing:
Notices of copyright infringement claims should be sent by mail to:
Attn: DMCA Notice, IP Department, Shenzhen RYZE Tech Co., Ltd., Room 101, Building 12, Baiwangxin
Industrial Park, 1002 Songbai Road, Sunshine
Community, Xili Street, Nanshan District, Shenzhen,
China, 518108 or by email to ryzerobotics@ryzerobotics.com. It is our policy,
in appropriate circumstances and at our discretion, to disable or terminate the
accounts of users who repeatedly infringe copyrights or intellectual property
rights of others.
You are
responsible for your use of the Services. You will defend and indemnify RYZE
and its officers, directors, employees, consultants, affiliates, subsidiaries
and agents (together, the “RYZE Entities”) from and against every claim,
liability, damage, loss, and expense, including reasonable attorneys’ fees and
costs, arising out of or in any way connected with: (a) your use and/or access
or alleged use and/or access of the Services; (b) your violation of any portion of these
Terms, any representation, warranty, or agreement referenced in these Terms, or
any applicable law or regulation; (c) your violation of any third-party right,
including any intellectual property right or publicity, confidentiality, other
property, or privacy, right; or (d) any dispute or issue between you and any
third party. We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you
(without limiting your indemnification obligations with respect to that
matter), and in that case, you agree to cooperate with our defense of that claim.
For EU users the following sections apply:
You are
responsible for your use of the Services. You agree to compensate in full RYZE
and its officers, directors, employees, consultants, affiliates, subsidiaries
and agents (together, the “RYZE Entities”) from and against every claim,
liability, damage, loss, and expense, including reasonably foreseeable attorneys’ fees and costs, arising out of
or in any way connected with: (a) use or alleged use of the Services; (b) your
violation of any portion of these Terms, any representation, warranty, or
agreement referenced in these Terms, or any applicable law or regulation; (c)
your violation of any third-party right, including any intellectual property
right or publicity, confidentiality, other property, or privacy, right; or (d)
any dispute or issue between you and any third party. If, at RYZE’s request,
you permit RYZE, to assume the exclusive defense and control of any matter for
which you are required to compensate us under this paragraph (without limiting
your indemnification obligations with respect to that matter), and in that
case, you agree to cooperate with our defense of that claim.
For Australian users the following sections apply:
You are responsible for your
use of the Services. You will defend and indemnify RYZE and its officers,
directors, employees, consultants, affiliates, subsidiaries and agents
(together, the “RYZE Entities”) from and against every claim, liability, damage, loss,
and expense, including reasonable attorneys’ fees and costs, arising out of or
in any way connected with: (a) negligent use or alleged negligent use of the
Services; (b) your violation of any portion of these Terms, any representation,
warranty, or agreement referenced in these Terms, or any applicable law or
regulation; (c) your violation of any third-party right, including any
intellectual property right or publicity, confidentiality, other property, or
privacy, right; or (d) any dispute or issue between you and any third party. We
reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you (without
limiting your indemnification obligations with respect to that matter), and in
that case, you agree to cooperate with our defense of that claim.
10. DISCLAIMERS; NO WARRANTIES
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES WILL
CREATE ANY WARRANTY REGARDING ANY OF THE RYZE ENTITIES OR THE SERVICES THAT IS
NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT
MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES. YOU UNDERSTAND AND AGREE
THAT YOU USE THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE
SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY
(INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE
SERVICES) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY
TO USE THE SERVICES.
For EU users the following sections apply:
For Australian users the following sections apply:
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES WILL
CREATE ANY WARRANTY REGARDING ANY OF THE RYZE ENTITIES OR THE SERVICES THAT IS
NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT
MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES. YOU UNDERSTAND AND AGREE
THAT YOU USE THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE
SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY
(INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE
SERVICES) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY
TO USE THE SERVICES.
THE BENEFITS PROVIDED TO THE
CONSUMER BY THE WARRANTY ARE IN ADDITION TO OTHER RIGHTS AND REMEDIES AVAILABLE
TO THE CONSUMER UNDER THE LAW INCLUDING THE STATUTORY GUARANTEES AS DESCRIBED
IN SECTION 10.1.
For EU users the following sections apply:
IN NO EVENT WILL THE RYZE
ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY
OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF,
OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT ANY RYZE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
For Australian users the following sections apply:
THE AGGREGATE LIABILITY OF THE RYZE
ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY
INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS,
WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
12. GOVERNING LAW AND JURISDICTION
For EU users the following sections apply:
For Australian users the following sections apply:
13. DISPUTE RESOLUTION AND ARBITRATION
FOR EU USERS:
Section 13 is not applicable to you.
13.1.
Generally. IN THE INTEREST OF RESOLVING DISPUTES BETWEEN YOU AND RYZE IN THE
MOST EXPEDIENT AND COST EFFECTIVE MANNER, YOU AND RYZE AGREE THAT EVERY DISPUTE ARISING IN CONNECTION WITH
THESE TERMS WILL BE RESOLVED BY BINDING
ARBITRATION. ARBITRATION IS LESS FORMAL THAN A LAWSUIT IN COURT.
ARBITRATION USES A NEUTRAL ARBITRATOR
INSTEAD OF A JUDGE OR JURY, MAY ALLOW FOR MORE LIMITED DISCOVERY THAN IN
COURT, AND CAN BE SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN
AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. EXCEPT AS SET FORTH
IN SECTION 13.2, THIS AGREEMENT TO ARBITRATE DISPUTES INCLUDES ALL CLAIMS
ARISING OUT OF OR RELATING TO ANY ASPECT OF THESE TERMS, WHETHER BASED IN
CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY,
AND REGARDLESS OF WHETHER A CLAIM ARISES DURING OR AFTER THE TERMINATION OF
THESE TERMS.
FOR AUSTRALIAN USERS: Despite the provisions of Section 13.1, nothing in
these Terms will be deemed to waive, preclude, or otherwise limit the right of
either party to: (a) bring an individual action in small claims court; (b)
claim in relation to your rights and statutory guarantees in Section 10.1; (c)
seek injunctive relief in a court of law; or (d) to file suit in a court of law
to address an intellectual property infringement claim.
13.4. Notice; Process. A party who intends to seek arbitration must first
send a written notice of the dispute to the other party by certified U.S. Mail
or by Federal Express (signature required) or, only if such other party has not
provided a current physical address, then by electronic mail (“Notice”). RYZE’s
address for Notice is: Room
101, Building 12, Baiwangxin Industrial Park, 1002 Songbai Road, Sunshine Community, Xili
Street, Nanshan District, Shenzhen, China, 518108. The Notice
must: (a) describe the nature and basis of the claim or dispute; and (b) set
forth the specific relief sought (“Demand”). The parties will make good faith
efforts to resolve the claim directly, but if the parties do not reach an
agreement to do so within 30 days after the Notice is received, you or RYZE may
commence an arbitration proceeding.
13.5. Fees. Payment for any and
all reasonable AAA filing, administrative and arbitrator fees will be in
accordance with the AAA Rules. If the value of your claim does not exceed
$10,000, RYZE will pay for the reasonable filing,
administrative and arbitrator fees associated with the arbitration, unless the
arbitrator finds that either the substance of your claim or the relief sought
was frivolous or brought for an improper purpose.
13.6. No Class
Actions. YOU AND RYZE AGREE THAT
EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY
AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both you and RYZE agree otherwise, the arbitrator
may not consolidate more than one person’s claims, and may not otherwise
preside over any form of a representative or class proceeding. YOU
UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND RYZE ARE
EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR
CLASS ARBITRATION.
13.7. Modifications of This
Arbitration Provision. If RYZE makes any future change to this arbitration
provision, other than a change to RYZE’s address for Notice, you may reject the
change by sending us written notice within 30 days of the change to RYZE’s
address for Notice, in which case your account with RYZE will be immediately
terminated and this arbitration provision, as in effect immediately prior to
the changes you rejected will survive.
These Terms and any other
agreements expressly incorporated by reference into these Terms are the entire
and exclusive understanding and agreement between you and RYZE regarding your
use of the Services. You may not assign or transfer these Terms or your rights
under these Terms, in whole or in part, by operation of law or otherwise,
without our prior written consent. We may assign these Terms at any time
without notice or consent. The failure to require performance of any provision
will not affect our right to require performance at any other time after that,
nor will a waiver by us of any breach or default of these Terms, or any
provision of these Terms, be a waiver of any subsequent breach or default or a
waiver of the provision itself. Use of section headers in these Terms is for
convenience only and will not have any impact on the interpretation of any
provision. If any part of these Terms is held to be invalid or unenforceable,
the unenforceable part will be given effect to the greatest extent possible,
and the remaining parts will remain in full force and effect. All sections
which by their nature should survive the termination of these Terms shall
continue in full force and effect subsequent to and notwithstanding any
termination of these Terms. Termination will not limit any of our other rights
or remedies at law or in equity.
EXCEPTION, for EU USERS: We
may assign our rights and obligations under these Terms without your prior
express consent, provided that we assign these Terms on the same conditions or
conditions that are no less advantageous to you.
The Services are offered by Shenzhen RYZE Tech Co., Ltd.
and its affiliated companies. Our office is located at Room 101, Building 12, Baiwangxin Industrial Park, 1002 Songbai Road, Sunshine
Community, Xili Street, Nanshan District, Shenzhen,
China, 518108. You may contact us by sending correspondence to that address or
by emailing us at ryzerobotics@ryzerobotics.com.