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Please read the following Terms of Use:

Terms of Use

Rev. No.: 1.0

Last Updated: September 15, 2014

Introduction

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:

  1. iAuto operation system;
  2. iAuto device, that is, all the electronic devices running the iAuto operation system;
  3. iAuto Store website;
  4. iAutoLink application;
  5. 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.

The terms and conditions herein (“Terms of Use”) are applicable to all iAuto products. As long as you use any of the foregoing iAuto products in any manner, it means you agree to this Term of Use. If you do not understand or disagree with any part of this Agreement, please do not use the foregoing iAuto products.

We reserve the rights to change, modify, supplement, or delete part of the Terms of Use at any time at our sole discretion. You should check any changes in this Agreement on a regular basis. If you continue using iAuto products after the release of any changes, it means you agree to and accept such change. If you comply with this Agreement, we will grant you a non-exclusive, non-assignable, and limited right to use iAuto products for personal purposes.

Ways of Services Delivery

iAuto products have provided the following ways of use:

  1. Directly visiting website with browsers.
  2. Using the built-in iAuto applications in iAuto devices.
  3. 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

Basic Requirements

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.

Third-party Fees

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.

Updates

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

If you want to use iAuto products, you may need to provide your personal information, such as your name, address, and settlement details. We will share the information collected (including information obtained from third parties) with related parties to operate the service. Our Privacy Policy explains how we will process your personal information and protect your privacy when you use iAuto products. All such information you provide to us must be accurate and the latest. In order to process your transaction and/or provide you with the contents, we may need to provide your personal information to the suppliers (such as your name and email address). We have reached relevant agreements with the suppliers, who, pursuant to such agreements, shall use such information according to the Privacy Policy.

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.

Disabled Accounts

If we deny your access to your account as prescribed by the Terms of Use (e.g. when you violate the Terms of Use), your use of iAuto products, account details or any files or other contents that are stored with your account will not be available to you anymore.

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.

Taxes

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.

Refund Policy

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).

Sharing

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”).

Security Features

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.

Disclaimer

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.

Applicable Law

The “Terms of Use” and the relationship between you and us arising from the “Terms of Use” shall be interpreted and governed by laws of the People’s Republic of China, regardless of conflict of laws principles. You and we agree to be governed by the people’s court with jurisdiction to solve any legal issues arising from the “Terms of Use”.

 

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