1.INTRODUCTION
The herein contained End User License Agreement (the "Agreement" or "EULA") shall be considered a legally binding agreement between you and [BabyBus].(“BabyBus” or “Us” or “we”) for the use of the software distributed by BabyBus that you installed, as well as related updates and any upgrades necessary that we may supply to You or make available to You(the “Application” or “App”). BabyBus means Babybus Co., Ltd. and/or (depending on the operation arrangement of our specific oversea product) its subsidiaries, including but not limited to Babybus (Fujian) Network Technology Co., Ltd., Japan Babybus Co., Ltd., Singapore Babybus Pte. Ltd..
The collection, use, and disclosure of Your information are governed by BabyBus’ s Privacy Policy. Furthermore, the consequences of the collection of personal information from a child under the age of digital consent and any territory-specific child protection provisions are also described in our Privacy Policy.
We may translate this Agreement into other languages. If there is any difference between the English version and any other language version of this Agreement, then the English version will prevail to the extent of the inconsistency.
By way of the installation, copying, downloading. Accessing or otherwise use of this App, you are agreeing to be legally bound by the herein contained terms of this license agreement. If you do not agree to be bound by the terms of this EULA, you then have no rights to the App and should therefore not install, copy, download, access nor use the App. This App is protected by copyright laws, as well as any other intellectual property laws. This product is licensed and not sold.
2.CHANGES TO THIS AGREEMENT
We may occasionally make changes to this Agreement – please review this Agreement from time to time.
Where we make any material changes to this Agreement (as determined by us), we will (where reasonably practicable) notify you before the change becoming effective. Any changes to this Agreement will become effective immediately upon posting by us, unless we specify otherwise.
By continuing to use the Licensed Application after we make any changes to this Agreement, you are agreeing to be bound by the revised terms.
3.OWNERSHIP
All title, ownership rights and intellectual property rights in and to the Application(including, without limitation, all text, graphics, music or sounds, messages, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by BabyBus or our licensors.
4.LICENSING OF USE
Through the purchase or use of the Application, You are acquiring and BabyBus grants You a personal, revocable, limited, non-exclusive, non-sublicensable, non-transferable license to install and use the Application for Your own non-commercial use, subject to the limitations defined in this EULA. The Application is being licensed to You and You hereby acknowledge that no title or ownership of the Application is being transferred or assigned to You and this EULA is not to be construed as a sale of any rights of the Application. Your rights granted herein are subject to Your compliance with this EULA and You agree not to use the Application for any other purposes. Any commercial use is prohibited.
5. RESTRICTION OF USE
Any use of the Application in violation of these License Limitations is strictly prohibited and can result in the immediate revocation of Your Limited License and may trigger Your liability for violations of law.
Unless You have received prior written authorization from BabyBus, You agree not to:
(a)use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software, databases or scripts designed to modify the Application and/or any files that are part of the Application;
(b)License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or any of its parts;
(c)seek to disable, reverse engineer, decompile or otherwise attempt to extract the source code of the Application or any part thereof, unless this is expressly permitted or required by applicable law or by the licensing terms governing the use of any open-sourced components included within the Application;
(d)delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Application;
(e)make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application;
(f)violate any applicable laws. rules or regulations in connection with Your access or use of the Application;
(g)use the Application for any revenue-generating endeavor. commercial enterprise, or other purposes for which it is not designed or intended;
(h)use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Company;
(i)use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.
BabyBus reserves the right to determine in its sole discretion what kind of conduct is considered to be in violation of the Restriction of Use. Furthermore, BabyBus reserves the right to take appropriate action as a result of Your violation of the terms of this EULA.
6.USER CONSENT
When you submit, upload or transmit any data, information, media or other content in the course of using the Application, you agree that:
(a)you are solely responsible for your content;
(b)you will continue to own and be responsible for your content;
(c)you are granting us and our affiliate companies a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use your content (with no fees or charges payable by us to you) for the purposes of providing, promoting, developing and trying to improve the Licensed Items and our other services. This license includes granting us the right to copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute your content worldwide in all media and by all distribution methods, including those that are developed in the future.
(d)we may share your content with third parties that we work with in accordance with the Privacy Policy.
All such use will be in accordance with our Privacy Policy.
7.TERMINATION OF USE
The term of this EULA shall commence on the date You install or otherwise use the Application and shall end on the earlier of the date of Your disposal of the Application or BabyBus’s termination of this EULA. You may terminate this EULA by uninstalling the Application.
Uninstalling the Application does not result in a refund of the amount paid for the Application. BabyBus reserves the right, using its sole discretion, to terminate this EULA, or request that You remove the Application from Your device for any reason, including but not limited to BabyBus’s reasonable conclusion that You have violated this EULA. Promptly upon termination, You must cease all use of the Application and destroy all copies of the Application in Your possession or control.
8.LIMITATION OF LIABILITY
Under no circumstances shall we or our affiliates, Partners, Suppliers be liable for any indirect incidental consequence, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use the application and any third-party content and services. Whether or not the damages were foreseeable and whether or not the company was advised of the possibility of such damages.
In no event shall BabyBus’s total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the application. This limitation applies, but it is not limited to anything related to the application, services, or content made available through the application. You agree that the provisions in this EULA that limit liability are essential terms of this EULA.
9.DISCLAIMER
The risks and consequences arising from users' use of the information service shall be entirely borne by users, and BabyBus shall not assume any responsibility.
Information services rely on the Internet, mobile Internet and other third-party basic service providers. BabyBus cannot guarantee that the information service can meet users' needs at the basic technical level controlled by basic service providers, such as fluency, timeliness, accuracy and security.
If the information service is interrupted, suspended or otherwise unavailable due to force majeure or reasons other than those of BabyBus, BabyBus will not assume any responsibility, but will make its best efforts to reduce, reduce or eliminate the loss or adverse impact caused to users.
10.GOVERNING LAW AND DISPUTE RESOLUTION
a)This Agreement shall be governed by and construed under the laws of Hong Kong excluding its conflict of law principles. The Convention on Contracts for the International Sale of Goods will not apply. You agree and acknowledge that any claims or legal actions between you and BabyBus shall be referred to Shanghai International Economic and Trade Arbitration Commission for arbitration which shall be conducted in accordance with such commission’s arbitration rules. The arbitral award is final and binding upon both parties. If the above arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought in a court in Fuzhou, China. You hereby consent to, and waive all defenses of lack of personal jurisdiction and/or forum non convenience with respect to venue and jurisdiction, whether by arbitration or judicial judgment.
b)Subject to applicable laws and regulations, both parties confirm that any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action.
11.CONTACTS
If you have any questions about this EULA or have any requests for resolving issues with your personal data while using our services, please contact us as soon as possible by emailing us at [service@babybus.com].