PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

A. Contractual Relationship

Biboting App Service Agreement (the “Agreement”) is entered into between you (“you” or “User”), and Biboting International Co., Ltd, its subsidiaries and affiliates (“Biboting,” “us,” or “we”), with respect to the web application programs, websites, content, products, and services (the “Services”) made available by Biboting.

Please read this Agreement carefully and fully understand and choose to accept or not to accept this Agreement. Biboting may suspend or stop providing our Services to you if you do not comply with our terms or policies. By your registration, login, usage of the Services or other actions, you acknowledge that you have read and understood, and agree to be bound by all constraints, including accepting Biboting to reserve the right to modify the terms of this Agreement at any time, without additional notice to you. If you cannot accept any content that we have changed, you shall stop using the Services. By your continued use of our Services, you agree to accept and will be bound by the modified terms of this Agreement. The Agreement expressly supersedes prior agreements or arrangements with you.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the Services.

B. User Account

In order to use most aspects of the Services, you must register for and maintain an active personal Biboting account (“Account”). Account registration requires you to submit to us certain personal information, such as your name, address, and a mobile phone number that is not yet registered with Biboting or blocked by Biboting. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may cause to block and/or terminate your Account. Unless otherwise permitted by Biboting in writing, you may only possess one Account. You agree that Biboting is allowed to use your mobile phone number and mobile device identification code and other information for registration. 

You acknowledge that the Services may be made available or accessed in connection with third party services and content that Biboting does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Biboting does not endorse such third party services and content and in no event shall Biboting be responsible or liable for any products or services of such third party providers, including but not limited to, loss of connectivity or services. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or Facebook, Inc. and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this Agreement if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this Agreement and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to the terms set forth in the Applicable third party beneficiary’s terms of service.

C. Account Security

You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times, and should bear legal liability for activities under registered Accounts. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services. You agree not to use the passwords and Accounts of others under any circumstances. Please note that we will not proactively request your cell phone number sign-in verification. You shall be liable for all losses and damaged caused by the improper storage of the password. You agree to immediately notify Biboting once you suspect others using your password or Account, and follow Biboting’s instruction. If necessary, Biboting reserves the right to request you to provide relevant personal information and manage the account in question.

We have the right to suspend, at our sole discretion or determination, any content that violates the laws and regulations in any jurisdiction or the terms of this Agreement; that infringes, prejudices, threatens any right or safety; or that impersonates others. We also retain the right to take proper legal actions, including but not limited to removing any illegal or infringing content, suspending the qualification of violators and saving relative information and reporting to relevant authorities based on the Applicable laws and regulations.

You shall not use the Services to engage in any behavior or activity stated below: upload or release virus, worm, and malware to damage or change computer system or data; collect the information or data of other users, such as email address, without authorization; disable network connection of the Services, make the Services to over handle, interrupt or undermine the website server and connection in other ways; attempt to visit the Services or our server or the Services connection without authorization; or interrupt or undermine other users’ normal use of the Services.

D. Service Content

The Services are made available solely for your personal, noncommercial use, unless Biboting has agreed with you otherwise in a separate agreement. The Services provided by Biboting include, but are not limited to (1) operate certain Biboting products through the Services and recording the usage history, (2) customize promotions in according to the personal information, such as discounts and birthday presents, (3) receiving other messages and (4)Provision of links to related websites. All announcements and other messages sent to our users may be sent through the Services or the contact information provided by you.

Biboting may permit you from time to time to submit, upload, publish or otherwise make available to Biboting through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Biboting, you grant Biboting a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Biboting’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Furthermore, Biboting reserves the right to review, monitor, or delete user content at any time and at its own discretion for any reason, without notifying you. Lastly, we are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

E. Termination

This Agreement becomes effective the first time you use the Services and Biboting products and services if that happens before you accept this Agreement. This stays valid unless the early termination applies.

Biboting may restrict, deny you from accessing or using the Services, or any part of them, immediately, without notice, or terminate the Agreement or any Services with respect to you, in circumstances where Biboting reasonably suspects that:

・you have breached, or are likely to breach the Agreement, or have misuse the Services, such as interfere or attempt to interfere with our Services or access or attempt to access the Services using a method other than the interface and the instructions that we provide;

・we cannot contact you through the personal contact information that you have provided, and you have failed to update your personal contact information within three (3) days following our notification to you;

・you have used programs, bots, or other automated method to mislead the data or user history, or have provided misleading or false information to us;

・you do not, or are likely not to, qualify, under applicable law or the standards and policies of Biboting and its affiliates, to access and use the Services; and/or

Not subject to the preceding provisions, Biboting reserves the right to terminate this Agreement if the user infringe the copyright of the third party and receive the notice from the owner or legal representative of the owner. Furthermore, Biboting reserves the right, where Biboting, acting reasonably, terminates the Services for any legitimate business, legal or regulatory reason.

Once this Agreement terminated, all your website accounts and your right to use the Services and Biboting products and services will also be terminated. You should understand this means you will no longer have access to your User Content. Biboting will not take any responsibility for terminating this Agreement, including terminating your Account or removing your User Content. Your liability arising from or in connection with your breach of this Agreement will survive the termination or expiration of this Agreement.

F. Modification or Service Interruption

We may change or modify terms of this Agreement at any time, and will notify you through your email address or notifications on the Services. Your use of the Services and all other services of Biboting after modifications to the terms indicate that you agree to such changes. Biboting reserves the right to modify, keep and suspend the Services without notification from time to time. You agree that Biboting will not take any responsibility for changing, reserving or suspending the Services, the actions taken by other services, or third parties.

Biboting will need to regularly or occasionally update or test its Services and programs, and Biboting will not be liable for any loss of data, direct, or indirect damages in connection with or arising from any interruption of services. 

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Biboting does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

G. Indemnification

Biboting will not bear any legal liability under circumstances stated below:

・Provide your personal information requested by government departments or the laws;

・Disclose private information caused by your negligent actions;

・Any circumstances caused by suspension, breakdown and so on that result from the hacking, virus invasion, blockings due to illegal and harassing content, government control or any other reasons related to network, technique, communication line and information security management;

・Cause losses to the users because of any third party, such as the communication line breakdown, technical problems, the network and computer breakdown, and other cases of force majeure;

・Risks come from threat, defamation, offensive or illegal information that caused by anonymous or percolation through the Services or Biboting products and services;

・Any psychological or physical suffer and economic losses due to misleading or deceiving when you interact with others through the Services.

BIBOTING SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES. BIBOTING SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY TRANSPORTATION PROVIDER. BIBOTING SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BIBOTING’S REASONABLE CONTROL. IN NO EVENT SHALL BIBOTING’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND US DOLLARS (US$1000).

You must carefully read the instruction manual and related labels and warnings prior to operating the Service and related equipment. Biboting will not be liable for any damage in the event that you deviate from the instruction and warning labels.

H. Privacy

For details, please refer to our “Privacy Policy”, which is an integral part of this agreement.

I. Intellectual Property Rights

Any information posted in the Services, including but not limited to the service content, code, text, art works, graphics, images, and logos, are owned by Biboting or other third parties, and are protected by applicable laws. You cannot upload, release, change, spread or copy any material or trademark under copyright protection, or proprietary information of others, without the written consent of the owner. If Biboting receives the Appropriate notice from any copyright owner or its legal representative, we will remove the related content after investigation. You may not use any automated tools or methods (including but not limited to bots or malware) to collect or destroy App’s information or data or interfere with the Services.

Biboting only authorizes you to use the Services. It does not transfer the services, content, text files and any encoded intellectual property rights provided by Biboting or the Services. For the avoidance of doubt, all rights that Biboting has not explicitly granted to you in these Terms are reserved by Biboting.

The Services are made available solely for your personal, noncommercial use, unless Biboting has agreed with you otherwise in a separate agreement. Graphics, words and composition involving Biboting trademarks and logos appear in Biboting products and services are the trademarks of Biboting. Without written consent, you cannot display or use them in other manners in any way. By no means can any entity or individual use, copy, change, spread, transcribe any part of the trademark or bundling sell with other products.

Biboting app, authorized by Taiwan Biboting International Co., Ltd., is developed to operate the functions of specific models through the app.

H. Others

Biboting again requests you to read this Agreement carefully and fully understand, and choose to accept or not to accept this Agreement. Minors should read this Agreement accompanied by legal guardian.

The interpretation of the terms of this Agreement, effectiveness and dispute resolution, are applicable to the laws of New York State. If any dispute or controversy aroused between you and Biboting, it should first be settled through friendly consultation. If consultation falls, you agree to submit the dispute to the jurisdiction court where Biboting is located. If some provisions of this Agreement cannot be applied for some reasons, they will be revised to apply legally; and other provisions remain applicable.

The agreement is applicable from January 1, 2021.