TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) between you and THINK TECH SALES LIMITED, Hong Kong (the Company) govern your use of the InfinitiKloud and MyRecoverykloud software, services and websites (collectively referred to as the Software). It is important that you read and understand the following Terms before using the Software. By clicking “AGREE,” you are agreeing that these Terms will apply if you choose to access or use the Software.
1. Acceptance of Terms and Conditions.
These Terms, any guidelines or instructions issued by us and any policies or guidelines constitute the Terms on which we offer you access to the Software. By accessing the Software or continuing to use the Software, you agree to these Terms as amended by us from time to time.
2. License Agreement
Unless determined otherwise, the Company grants you the simple right to install the Software on the Company’s Infiniti Kloud device (Infiniti Kloud) ONLY and use it for an unlimited period of time. The right to use is limited to the Software’s object code. It will expire if the you violate the conditions of use established in this Agreement. The Company is not obligated to provide the end user with the source code. Unless specifically provided in the license, the acquisition of this license does not entitle you to install or transfer the Software to devices that are not Infiniti Kloud, create or distribute copies of the Software, transfer the Software from one Infiniti Kloud device to another by electronic means or over a network after its original download or installation on a device, modify, decompile, adapt or translate the Software or combine it with other software, or reengineer or disassembly the software. The right to use is limited to the specific Software acquired in the respective version thereof and does not extend to subsequent versions of the Software. The license agreement does not provide any rights to grant a sublicense to the Software to third parties. The Company reserves all further rights, in particular the rights to dissemination, duplication and publication.
3. Requirements for Use of the Software
a) The Software is only available to individuals aged 13 years or older (or equivalent minimum age in the relevant jurisdiction). We do not knowingly collect, use or disclose personal information from children under 13, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. Parents and guardians should also remind any minors that conversing with strangers on the Internet can be dangerous and take appropriate precautions to protect children, including monitoring their use of the Software.
To use the Software, you cannot be a person barred from receiving the Software under applicable jurisdictions, including the country in which you reside or from where you use the Software. By accepting this Agreement, you represent that you understand and agree to the foregoing.
b) Use of the Software strictly requires an Infiniti Kloud device, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. The latest version of required Software may be required for certain transactions or features. You agree that meeting these requirements is your responsibility.
c) Limitations on Use. You agree to use the Software with an Infiniti Kloud device ONLY and for purposes permitted by this Agreement, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. If your use of the Software or other behavior intentionally or unintentionally threatens Company’s ability to provide the Software or other services, the Company shall be entitled to take all reasonable steps to protect the Software and the Company’s systems, which may include suspension of your access to the Software.
d) Availability of the Software. The Software, or any feature or part thereof, may not be available in all languages or in all countries and the Company makes no representation that the Software or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Software, you do so at your own initiative and are responsible for compliance with any applicable laws.
e) Changing the Software. The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Software. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Software or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Software after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Software under the new version of the Agreements, you may terminate the Agreements by contacting us through our Customer Service.
4. Special Forms of Use
An acquisition in the form of the granting of a pay-per-use license entitles the end user to run or use the software on a one-time basis only; further use of the Software is not permitted. The acquisition of the Software under the stipulation of a particular term of contract only entitles the end user to use the Software until the term of contract expires.
5. Restrictions on Use
You must not conduct the following actions when using the Software, unless you have separately obtained evident approval from the Company.
- Copy the whole or part of the Software.
- Use the Software with devices that are non-Infiniti Kloud.
- Modify the whole or part of the Software’s features, text and/or program source code.
- Disassemble or decompile the whole or part of the Software or attempt to decipher the whole or part of the Software.
- Assign, lend, or license the Software to a third party.
- Use the Software for advertising, commercial purposes, or solicitation.
- Violate a law, judgment, judicial ruling, court order, or binding regulation.
- Violate the rights of the Company or of any third party (including, copyright, trademark, patent or similar intellectual property rights, right of reputation, right to privacy, or any other right arising at law or by contract).
- Interfere with or obstruct the Company’s operation of the Software or other users’ use of the Software.
- Any other use of the Software that the Company deems inappropriate.
- Aid or encourage any of the actions mentioned in items (a) through (i) above.
The Company cannot guarantee that the Software is free of any actual or legal defects (including but not limited to stability, reliability, accuracy, completeness, validity, suitability for a specific purpose, security related defects, errors or bugs, infringement of rights etc.).
To the greatest extent permissible by applicable law, the Company does not guarantee or warrant that any content you may store or access through the Software will not be subject to inadvertent damage, corruption, loss, or removal in accordance with the terms of this Agreement, and the Company shall not be responsible should such damage, corruption, loss, or removal occur. It is your responsibility to maintain appropriate alternate backup of your information and data.
7. Intellectual Property
You acknowledge and agree that we are the owner of:
- All Intellectual Property in and related to the Website, Software and Services;
- All Intellectual Property in any Improvements to the Website, Software and Services which are developed or created by any party under or in connection with this agreement; and
- All new Intellectual Property relating to the Website, Software and Services which is developed or created by any party under or in connection with this agreement.
This Software product, including any handbooks, instructions and/or other information material, is protected by copyright. Any copyright protection present in the Software, a copyright notice, a registration number recorded in it or other features serving to identify the program may not be removed.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SOFTWARE (II) ANY CHANGES MADE TO THE SOFTWARE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SOFTWARE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SOFTWARE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SOFTWARE; AND (VI) ANY OTHER MATTER RELATING TO THE SOFTWARE.
You agree to defend, indemnify and hold the Company, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any content you submit, store, load, post, transmit, or otherwise make available through the Software; (b) your use of the Software; (c) any violation by you of this Agreement; (d) any action taken by the Company as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) your violation of any rights of another.
This means that you cannot sue the Company, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any data, information or content, to warn you, to suspend or terminate your access to the Software, or to take any other action during the investigation of a suspected violation or as a result of the Company’s conclusion that a violation of this Agreement has occurred.
This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Software. You agree to comply with this Agreement and to defend, indemnify and hold harmless the Company from and against any and all claims and demands arising from usage of the Software, whether or not such usage is expressly authorized by you.
Should individual provisions of this Agreement prove to be ineffective, the validity of the remaining provisions shall not be affected. In such case, a provision which suits the economic interest of the Contracting Parties shall be agreed upon to take the place of the ineffective provision.
12. Amendment of Terms and Conditions.
The terms and conditions may be amended by us at any time without notice to you. Amendments will be effective, and binding immediately once notified directly. You are responsible for ensuring that you comply with the latest terms and conditions.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SOFTWARE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SOFTWARE WILL BE CORRECTED.
THE COMPANY DOES NOT REPRESENT OR GUARANTEE THAT THE SOFTWARE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND THE COMPANY DISCLAIMS ANY LIABILITY RELATING THERETO.
ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN NON-INFINITI KLOUD DEVICES OR IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
14. Governing Law
This Terms and Conditions shall be governed by, construed, interpreted, and enforced in accordance with the laws of Hong Kong. Each of the parties hereby irrevocably submits to the jurisdiction of the courts of Hong Kong.