Phrozen Go Terms of Service
Phrozen GO App (the "App") is owned and operated by [Phrozen Tech Co., Ltd.] (the "Company"), a company duly incorporated in Taiwan. By registering an account and/or using the service of the App, you read and agree to the terms of service ("App Terms"). The Company reserves the right to update, amend and supplement the App Terms. You should carefully read all the terms in this App Terms and regularly review the updates regarding the App Terms. You shall stop using the service of the App if you do not agree to any one of the terms in the App Terms, or you do not agree to the fact that the Company can update the App Terms unilaterally, or the App Terms is held void, in part or in whole, in the country/jurisdiction where you access the service.
Upon registering on/using the service of this App, you state and promise:
1. You are either a natural person, legal person or other entity who is capable or legally authorized to enter into this App Terms; and you accept all the terms of it. If you are not capable or not legally authorized to accept this App Terms, the Company may delete or permanently suspend your account (the “Account”); in such event, your representative, guardian, or custodian shall be vicariously liable for all losses and damages the Company suffered because of your behavior;
2. According to all relevant laws and regulations, you are not prohibited or otherwise refrained from using the service of the App;
3. Any one of the Accounts you have registered has never been suspended or deleted;
4. The information you provided to the App is complete and accurate; you are willing to update such information as requested by the Company;
5. To the extent that is allowed by law, you agree that the Company can use your data for the purpose of regulatory compliance or other mandatory provisions in laws and regulations.
6. You will not use this App (including the service of this App and/or the account of this App, similarly hereinafter) for any illegal purposes, including illegal gambling, money laundering, fraud, extortion, assisting terrorism etc.; and you will not use the App for activities that are illegitimate or harmful to the Company’s (business) reputation;
7. You will comply with all Applicable laws, rules, regulations and international customs related to internet usage and will not use this App to infringe on the rights of any third party;
8. You have confirmed the Applicable laws, rules and regulations when you use the App. Provided that you violate any law, rule or regulation, you will be the one responsible for the consequences;
9. The Company may recover compensation of damages (including without limitation litigation fees, attorney fees and damages to commercial reputation) if you cause losses or harms to the Company because of the following events:
(1) Violation of this App Terms;
(2) Use or abuse of the App and/or the service of the App; and/or
(3) Violation of any Applicable laws, rules or regulations.
Before you use the service of the App or the account of the App, the Company may ask for your personal information for verification.
The account held by a member of the App's account (the "Member") can be suspended, cancel or terminate for violation of any term of the App Terms. The Member shall be liable for the damages and losses of the Company and other users incurred in such violation.
Limited Authorization
The Company authorizes you to access and/or use the App. Such authorization is limited, nonexclusive, and untransferable. This term shall be effective in whole for the successor or transferee of the Company.
You can only use and/or access the App for the purposes that are agreed upon or otherwise allowed by the Company explicitly; except for such purposes, all other uses shall be prohibited.
User's Guidance
While accessing or using the App, you promise:
1. Not to hack into the App or disassemble, reverse engineer, translate, decompile, decode or other means to obtain the source code; and not to use robot accounts or other techniques to change, delete or destroy the App’s data, content or equipment, or to incur other malign effects to the operation of the App;
2. Not to amend, revise, optimize, strengthen, translate or create an adaptive copy of the App; and not to use proprietary data or intellectual property of the Company or others;
3. Not to delete, change or conceal the information of the Company, its suppliers, partners and authorizers;
4. Not to use the App for any unallowed purpose;
5. Not to provide the service of the App with internet or other means;
6. Not to amend, delete or collect personal data of others without authorization by exploiting the bugs in the source code of the App, or by using other techniques to circumvent or destroy the security safeguards of the App;
7. Not to use the App to automatically send surveys or commercial advertisements;
8. Not to access, attempt to access, assist or abet other to access the App, the account of other Member or other content of the App’s content without permission.
9. Not to use or attempt to use web crawler on the App; and not to upload data that contains computer viruses, Trojan horses or worms;
10. Not to cause disproportional traffic to the server infrastructures;
11. Not to impersonate to use and/or access the App;
12. Not to disseminate content that is obscene, lewd, detrimental to the physical and mental health of children and adolescents, sexually harassing, or otherwise against the public orders or good morals;
13. Not to disseminate content that is not truthful, libelous, infringing others’ privacy or intellectual property, or otherwise damaging to the rights and interests of others;
14. Not to disseminate content that is violent, threatening, menacing, instigating or otherwise illegal;
15. Not to disseminate misinformation or other untruthful information regarding the pandemic or other topics that could affect social order;
16. Not to engage in drug dealing, selling or advertising tobacco or liquor products, or dealing in other prohibited products;
17. Not to engage in money laundering or assisting terrorism;
18. The products you provide shall have the safety standard that conforms to the current technical or professional standard; the product shall also be merchantable or have the quality you warrant;
19. Not to violate the App Terms; and
20. Not to violate any other laws and regulations, infringe on other Members’ rights and interests, or interfere with the normal operation of the App.
Protection of Intellectual Property
The Company or other owner owns the intellectual property rights, including but not limited to publication, photo, file, information, data, App structure, layout of App, and App design, of the software, Applications content (including without limitation trademark, patent, copyright and trade secret). No one shall
If you want to cite or reproduce the aforementioned softwareand/or Application content, you shall obtain authorization in writings from the App or copyright holder. Provided that you violate this provision, you shall be liable for the damages of the Company (including without limitation to attorney fees).
You acknowledge that App Services, Content, Software and technology are protected by the Applicable laws of each licensed territory respectively and agree not to remove or modify any digital right management information, anti-circumvention measures, or symbols of other rights (including but not limited to patent right and trademark right) or software, which are contained in the App Services, Content and Software.
Account Management
The Company values the App and the security of the services. When you register an account, you represent that you have provided the latest and most accurate personal information and agree to update your personal information continuously. You also agree that no one other than yourself will use your Account with the App.
If you do not create or access your Account through the web interface provided by the Company, the Company will suspend your Account on the App and the services provided to you by the App and/or the Company. Any attempt or assistance of others to access the Account of the App with unconventional means, no matter the means taken (including but not limited to educational instruction, software or tools), the Company will also terminate that Member’s Account on the App.
You shall be responsible for the security of your Account’s safety, including your password and information in your Account. You shall ensure the safety and confidentiality of the login certificate of your Account and shall prevent your Account from unauthorized access. If there is suspicious activity while you are using the App or there is suspicious activity on your Account, the Company may suspend your Account and ask you to provide additional information (including certification document) and you are obliged to cooperate with the ensuing handling. If you find out that there is unauthorized access to your Account or other violation of security safeguards, please contact the customer service of the Company. The Company may terminate the Account of Member who violates App Terms and may recover the damages and/or losses of the Company and/or any user of the App.
You may terminate the terms and agreements with the Company, close your account at any time and deal with the unfinished activities. Once the Company is required by laws and regulations or other competent government agencies to take any action, the Company shall have discretion to decide what to do. You also agree that the Company, with its sole discretion, may stop or terminate your access to the App and/or Account of the App. Provided that the Company sees a possible violation, potential legal risk, or the Member’s activity is not consistent with the purpose and goal of the App (decided solely by the Company), the Company may take any technical or legal means to block such Member from accessing the App.
Disclaimer
THE SERVICES OF THE App ARE PROVIDED “AS-IS” AND “AS-AVAILABLE” AND THE COMPANY RESERVES THE RIGHT TO CHANGE EVERY SERVICE AND FUNCTION IN PART OR IN WHOLE. TO THE EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY AND ALL WARRANTY, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATIONS WARRANTY OF QUALITY, FUNCTIONALITY, FREE FROM LIABILITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR OTHER WARRANTIES ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE. NOTWITHSTANDING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE COMPANY MAKES NO WARRANTIES THAT THE App SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE, OR THAT THE INTERNET SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE. YOU SHOULD ALWAYS ENSURE THE ACCURACY OF ALL THE DATA OR INFORMATION YOU UPLOAD OR POST AND TAKE SAFETY MEASURES SUCH AS MAKING BACKUP COPIES YOURSELF. THE COMPANY DISCLAIMS ALL LIABILITIES FOR YOUR INABILITY TO USE OR ACCESS THE SERVICES OF THE App AND IS NOT RESPONSIBLE FOR NOTIFYING YOU IF DISRUPTIONS OCCUR. IF THERE IS ANY ERROR OR DELAY IN PROCESSING YOUR ACTIVITY OF YOUR App’S ACCOUNT, THE COMPANY SHALL HAVE THE RIGHT TO AMEND, REMOVE, REVOKE OR DELETE SUCH AFFECTED ACTIVITIES AND IS NOT RESPONSIBLE FOR THE DAMAGES OR LOSSES INCURRED THEREOF.
You understand and agree that the App does not moderate any user-generated content before they are published, nor does the App have comprehensive control over Member’s activity. When you use or access any content on the App, you agree that you have to make your own judgment and take all risks and responsibilities (including but not limited to the accuracy, integrity, and practicality of the content.)
The Company has the right to remove content that violates the App Terms or otherwise controversial at its sole discretion. You understand and hereby agree that the Company may preserve, archive, or disclose the content on the App to government agencies, law enforcement agencies, guardians of minors, and other relevant members in the following circumstances:
1. upon the request of law or government agencies;
2. for the operation of the App;
3. to prevent substantial injury to the rights and interests of another when necessary;
4. to prevent imminent danger of life, body, freedom, rights or property for the users and the public;
5. to resolve disputes on the App; and/or
6. other circumstances where the Company deems necessary.
The Company has the right to temporarily or permanently amend or terminate the service of the App (in whole or in part). Regardless of receiving the notification or not, you agree to any amendment, suspension or termination of the App and the Company disclaims all liability to you or any third party.
To the extent permitted by law, you agree and promise that you assume all the risks of using the App, the services or functionality of the App.
Security Safeguards
You shall securely keep your account number and password of the App and you shall not provide nor let others access your account number and/or password of the App. For your account number and password, you should not use information that is easily identifiable such as your name, birthday, phone number, or other identifiable phrases from your name. If you have reason to believe that the account number and/or password of the App has been lost, known to others or compromised, you shall immediately change your account number and/or password and you are responsible to notify the Company.
Limitation of Liability
Any information, content, software or services provided by us through Software and/or the App will be provided AS IS. We do not guarantee or warrant the format and content of the App in the event of Internet connection failure, delay or other relevant communication defects.
Unless otherwise expressly stated in the Applicable law, in no event, should we and/or our authorized agents be liable for any loss or damages, including losses caused by the use of Software and/or the App Services, the failure to use Software and/or the App Services, and/or other direct, indirect, accidental, special or consequential losses, including but not limited to loss of business profits, business loss, business interruption, business information loss, and any other monetary loss.
We will not warrant and be liable for any damages or defects arising out of any and all intentional or negligent acts from the Content Provider, hardware supplier, and/or other Users.
Indemnity
To the extent permitted by law, you agree to indemnify and hold harmless and defend the Company, directors, shareholders, employees, representatives, affiliated companies and/or partnering companies of the Company from and against all claims and suits by third parties for damages, injuries to persons (including death), property damages, losses, and expenses including court costs and reasonable attorney’s fees, arising out of, or resulting from your violation of the App Terms.
Miscellaneous (Force Majeure)
When providing the services of the App is made impracticable by force majeure, change in law and regulation, or contingency that is not controlled by the Company, the Company shall have the right to terminate such services immediately.
Variation of this Term
The Company shall have rights to change or amend this App Terms, to suspend or terminate the services of the App, and is not obliged to specifically notify the Member. When the Company makes such amendments or changes, the Company will publish the amendments and changes on the App; and you are strongly advised to read such amendments and changes. Once the changes and amendments are published, they will replace the terms of the original App Terms. By keeping using the App and/or the services of the App after such changes, you read, understand and agree to such changes.
Notification
With regard to the App Terms and other terms, notice or other notification regarding the account or service of the App, you agree that the Company will notify you with electronic delivery systems (including but not limited to email, notification via wireless devices). You agree that an email will be considered delivered when the email message leaves the delivery system of the Company. If you do not receive such notification for technical reasons, the Company shall not be liable for any losses or damages.
Dispute Resolution
All interpretation, construction, Application and process of dispute resolution of the Site Terms shall be subject to all Applicable provisions of [laws of Taiwan]. All disputes and differences arising out of or in any way related to the Site Terms shall be negotiated by the Company and the Member in good faith before initiating a court proceeding. The Member agrees that in such court proceedings, [Taipei District Court] shall have exclusive jurisdiction for the first instance.
The Member can only litigate on her own behalf and shall not be a party to or otherwise engage in class action, derivative action, joinder action or other proceedings that engage multiple parties.
Severability
If any provision or provisions of this App Term shall be held to be invalid, illegal or unenforceable for any reason whatsoever, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Waiver
The failure of the Company to enforce or to exercise, at any time or for any period of time, any term of or any right arising pursuant to this App does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect the Company’s right later to enforce or exercise it.
Entire Agreement
This App Terms, together with the policies and rules published by the Company contains the entire agreement and understanding between you and the Company with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof (including but not limited to older versions of the App Terms).
If you have any doubt or question regarding the App Terms or you know or have reasons to believe that the App and/or the Company is violating or noncompliant with the laws and regulations, please contact and/or notify the Company.