The Watch Home App (“Watch Home”) developed by Bai Fu Co., Ltd. (“ARMSTRONG”) shall be downloaded and used if you agree to these Terms (“Terms”). By providing the opportunity of subscribing for, using and/or ordering any services via Watch Home, ARMSTRONG makes an offer to you. You accept these Terms by creating an account, by using any services or by continuing to use any services after being notified of a change to these Terms. ARMSTRONG and you hereinafter are also referred to individually as “a Party” and collectively as “the Parties”.
You must be at least 18 years of age to sign up for Watch Home, and by signing up for Watch Home you confirm that you are at least 18 years old. ARMSTRONG does not knowingly collect personal data from anyone under the age of 18 or allow such persons to register for Watch Home. If you are under 18, do not attempt to register for Watch Home or send any information about yourself to us without parental consent. If we learn that we have collected personal data from somebody under age 18 without verification of parental consent, we will delete such data.
2.1. Subject to your full and unconditional compliance with all its obligations under these Terms, ARMSTRONG hereby grants to you as end-user for a non-exclusive, non-transferable license, without the right to grant sublicenses, under its intellectual property rights in and to Watch Home, to use Watch Home. It is expressly acknowledged and agreed that Watch Home is licensed to you and not sold. Other than the limited license explicitly granted to you hereunder, no other right or license under any intellectual property right of ARMSTRONG is granted and any implied licenses are expressly excluded.
2.2 ARMSTRONG owns and shall continue to own all right, title and interest in and to Watch Home (as well as derivative works of the foregoing). You shall not undertake to interfere with or diminish, whether by act or omission, ARMSTRONG’ right, title and interest in and to Watch Home.
2.3 You shall not, and shall not permit any third party to:
a. alter, modify, adapt, improve, translate, or create derivative works from any portion of Watch Home or take any action that may cause or result in the fragmentation of Watch Home;
b. reverse engineer, decompile, or disassemble or otherwise the attempt to derive source code or the algorithmic nature of Watch Home;
c. Decode, decrypt, remove, circumvent or neutralize any security measures in Watch Home;
d. Produce its own version of Watch Home;
e. Combine Watch Home with open source software, by means of incorporation or linking or otherwise; or
2.4 You shall not change or remove any label, proprietary including copyright notices or other marking embodied in Watch Home.
3. NO FEE
The provision and use of Watch Home by ARMSTRONG is free of charge.
For the use of Watch Home, an account registration is required. To register, you must provide accurate information, which may include: (i) username (ii) a password set by you in accordance with the password guideline, and (iii) an e-mail address. ARMSTRONG may reject to create or terminate your account if you provide with inaccurate or incomplete information. By providing such information, you also certify that you are legally permitted to use and access the services via Watch Home.
5. SUBSCRIPTION AND PAYMENT
Some services via Watch Home require an ongoing subscription. You agree to pay your subscription fee in advance. Your subscription period is stated in your subscription plan. You may have a choice of subscription payment options between Google Play and Apple Store and may change your selected payment option later on. If you register for the services via Watch Home under a promotional subscription fee, some additional restrictions may apply. ARMSTRONG may offer multiple subscription plans with varying levels and services.
Watch Home and all its contents provided by ARMSTRONG under these Terms are provided “AS IS”, without any representation or warranties that they are complete, secure, error-free and function without disruptions, delays, or imperfections. To the extent permitted by law, we disclaim all warranties, whether express or implied, including the warranties of merchantability, quality of performance, fitness for any particular purpose, or non-infringement of third-party rights. ARMSTRONG shall not be liable vis-à-vis you under any cause of action or inaction for any damages of whatever nature arising in connection with the use of Watch Home.
7. LIMITATION OF LIABILITY
7.1 Neither Party shall be liable to the other Party for any indirect or consequential, incidental, punitive or special, damages (including, but not limited to, damages for loss of profit, for business interruption or for personal injury) arising out of or in any way related to or in connection with the Terms, even if the other Party has been advised of the possibility of such damages.
7.2 Save for gross negligence or willful misconduct and any breach of your obligation under Clause 2, in the event that a court of competent jurisdiction renders judgment against either Party holding a Party liable vis-à-vis the other Party under the Terms, in no event shall such Party’s aggregate and cumulative liability towards the other Party under or in connection with exceed the amount of USD 1,000 (one thousand U.S. dollars).
8.1 The Terms make up the entire agreement between ARMSTRONG and you regarding the use of the app. They supersede any prior agreements.
8.2 If any portion of the Terms are found to be unenforceable, the remaining portion shall remain in full force and effect. If ARMSTRONG fails to enforce any of the Terms, it shall not be considered a waiver.
8.3 The Terms do not confer any third-party beneficiary rights. All of ARMSTRONG’s rights and obligations under the Terms are freely assignable by ARMSTRONG in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
8.4 ARMSTRONG always appreciate feedback and other suggestions about the ap. Please be advised that ARMSTRONG may use them without obligation to compensate or any restriction, and ARMSTRONG is under no obligation to keep them confidential.
8.5 ARMSTRONG may update the Terms from time to time. Unless otherwise required by law, ARMSTRONG will notify you before ARMSTRONG make changes to the Terms and give you an opportunity to review them. Once any updated Terms are in effect, you will be bound by them if you continue to use Watch Home.
8.6 The Terms and any claim shall be governed by the laws of Taiwan without regard to conflict of law provisions. Any dispute related to the Terms shall be resolved exclusively in the Taiwan Shilin District Court, provided that ARMSTRONG may, at its option, submit any such dispute to the competent courts of any place where any unauthorized use of Watch Home.