Rev. No.: 1.0
Last Updated: September 15, 2014
Dear user, first of all, we would like to express our appreciation for your trust and support for Suntec Software (Shanghai) Co., Ltd. (hereinafter referred to as “we/us”).
“iAuto product” refers to the software system and service provided by us, including but not limited to the following contents:
- iAuto operation system;
- iAuto device, that is, all the electronic devices running the iAuto operation system;
- iAuto Store website;
- iAutoLink application;
- All the iAuto applications, services, and information provided by iAuto products. Such iAuto applications, services, and information come from us, content providers, and available public resources.
Ways of Services Delivery
iAuto products have provided the following ways of use:
- Directly visiting website with browsers.
- Using the built-in iAuto applications in iAuto devices.
- Using mobile devices application - iAutoLink.
The usability of iAuto products varies in different countries/regions. Thus, not all the content can be used in your country/region. Part of the contents may be provided by us directly, while the remainder is provided by a third party that does not belong to us. We will neither assume any liability nor provide any guarantee for any content not provided by us.
Your Use of iAuto Products
In order to use iAuto products, you should have iAuto devices and other relevant devices that meet the system and compatibility requirements for the relevant contents (it may change from time to time); devices can access to internet while with compatible software. Availability to services and the performance of the services may be affected by above factors. You should meet above system requirements.
A third party (such as your Internet service provider or mobile operator) may ask you to pay access fees or data fees for your requirements of using iAuto products. For example, if you use any content provided on an iAuto product or use it via the service provided by a third party, you should pay for all such fees.
We will introduce updates to iAuto products and agreement terms from time to time, and you can only use iAuto products after installing and agreeing to such updates. The contents we provide may communicate with our server from time to time to check if any available updates on contents and iAuto products (such as error repairs, patches, enhancements, missing plugs-in and new versions, hereinafter referred to “Updates”). You need to agree to accept such automatically Updates request so that you can use installed contents. If not agree, please do not use iAuto products or install relevant contents, and contents that have been installed will not be usable any longer.
Information about You
Unauthorized Access to Accounts
You must ensure the safety of your detailed user information and may not share such information with any others. You may not collect or obtain any personal data (including the account name) of any user of iAuto or other services we provide via iAuto. We will not be liable for the disclosure or loss of any personal information due to your failure to protect your user information properly.
Purchase and Payment
Purchase of Contents
For part of the content of iAuto products, you might have to buy it online. This purchase contract shall come into effect when the transaction is finished as is agreed.
Ways of Payments Processing
We provide you with various payment processing methods to proceed with the transaction. You must comply with all of relevant terms and conditions or other legal agreements that involve designated payment processing methods. We may add, modify, or delete payment processing methods at our sole discretion without notice. After you conclude the transaction, we or the payment processing party we designate may deduct relevant amounts and all the other applicable expenses (including all taxes) from your credit card or through other payment methods you designate for any contents subscribed. You need to assume all the payables related to your purchase on iAuto products.
You are responsible for any taxes, and must pay Suntec for contents without any reduction for taxes. If the provider of contents is obliged to collect or pay taxes, it will collect these taxes from you. “Taxes” means any duties, customs fees or taxes (other than Suntecs income tax) associated with the sale of contents, including any relevant penalties or interest.
For those "products" which can be previewed (such as ringtones and desktop pictures), no refund is required and allowable.
For those "products" which cannot be previewed (e.g., applications), requests for refund may be made to us within 24 hours after the purchase.
Rights and Restrictions
License to Use Contents
After paying for relevant contents, you will have corresponding non-exclusive rights during the designated period (we and the corresponding copyright holders have the right to provide you with the complete terms of the contents, in which case you are only allowed to download or install via the website of iAuto products or the application user interface of iAuto products according to our express provisions under the restriction of the limitations set forth in the Terms and relevant policies) to watch, use, and present contents on your device, or using the contents by other means authorized in our services (only for your personal use instead of for commercial purposes). For any rights, authorities, and interests related to iAuto products, if not granted expressly under the Terms, such rights, authorities, and interests shall belong to us and the licensers. No other person or party shall delete any notice of ownership in any iAuto product or cause such notice to be deleted or altered (or allow any others to delete or alter such notice). No other person or party shall engage in any reverse engineering, decompiling, or disassembly for any iAuto product.
Violation of License Terms
If you violate any terms and conditions, then your rights shall be terminated immediately. In this case, we may also prohibit you from using iAuto products and/or your iAuto product account without any refunds to you.
No Public Display
You may not display the contents in whole or in part as part of any public performance or display, even if no fee is charged (except where such use would not constitute an infringement upon intellectual property rights and any other applicable rights).
Sale, Distribution or Assignment to Third Parties
You may not sell, lease, rent, redistribute, broadcast live, transmit, communicate, modify, sublicense, transfer or assign any contents or any of your rights to the contents of iAuto products to any third party without authorization (including duplicates of any contents downloaded via iAuto products).
You may not use contents as part of any service for sharing, lending or multi-person use, or use the content for any other institutions in any service, unless otherwise allowed by us and used only in the manner designated and launched by us(for example, through “Social Recommendations”).
You may not attempt to assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, which protect, screen or otherwise restrict access to any content or the iAuto products. If you violate any security feature, you may incur civil or criminal liability.
You clearly understand and agree that you must assume all risks for your use of iAuto products and iAuto products are provided according to the current situation and the existing foundation without any kinds of guarantee. You will assume all responsibilities and risks for your use of iAuto products or any products downloaded or obtained from iAuto products, and you will be fully liable for damages or data loss of any computer system or other devices due to the use. We further express that no express or implied guarantee or condition, including but not limited the merchantability, specific purposes and applicability, and the guarantee or condition that no right of others will be infringe.
Limitation of Liability
Unless otherwise compulsorily prescribed by applicable laws, iAuto products and relevant services of iAuto products are not liable for any damages, no matter whether such damages are caused by the use of iAuto products or the inability to use iAuto products or services related to iAuto products and no matter whether there is any warranty, contract, infringement or any other legal grounds or reminder that such damages may happen. If you need to maintain, repair, or modify your device or data due to the use of iAuto products, you shall be aware that you must assume all expenses incurred thereby. You understand and agree that we, as well as our subsidiaries and affiliates, will assume no liability for any direct, indirect, accidental, special, derivative, or punitive damages (including the loss of materials) caused by your use of iAuto products, third-party behaviors, and force majeure, no matter what legal grounds they are based on and no matter whether we or our representatives are aware of the possibility of such damages.