GAIAShare User Agreement
Last updated: August 12, 2024
Preamble
Guangzhou Shikun Electronics Co., Ltd,.("we", "us", or "our") hereby remind you to read and understand this User Agreement (the “Agreement”). This is a legal agreement between the entity named in the Registration Information ("you" or "your") and us which governs your use of GAIAShare (the "Product") and its services therein and any other related website or online offering whether accessed via a computer or a mobile device or through any other manner or means (hereinafter collectively referred to as the "Services"). For proper use of the Product and its services, please read carefully and fully understand the Agreement herein before your use, and please also read our Privacy Policy, and User Agreement.
I. Acceptance of this Agreement
1. By downloading, installing, and/or accessing or using the Services, you agree to comply with and be bound by this Agreement. If you do not agree to this Agreement, you may not access or use the Product and its Services.
2. To improve your user experience or enhance product safety performance, we will continue to work hard to develop new features and provide you in a timely manner with software updates (including but not limited to software version upgrades, modifications, and functional perfection) or repairs. We may reserve the right to modify this Agreement as necessary in accordance with applicable laws and regulations. The updated Agreement shall supersede the original Agreement and shall come into effect after the expiration of the period stipulated by applicable law. If there is no special provision in applicable laws, the Agreement shall become effective on the date of renewal. If you continue to access or use the Services, you will be deemed as you have read and agreed to be bound by the updated Agreement. If you do not accept the updated Agreement, please stop using the Services.
II. Eligibility
1. To be eligible to register to use the Product, you must be the relevant age in your jurisdiction where you are considered a adults.
2. By using the Services, you represent and warrant that: (1) you can legally enter into a binding contract under the laws of your home country; (2) you are legally permitted to use the Product by the laws of your home country; (3) you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
III. Permitted License Uses
Subject to this Agreement, we grant you a non-exclusive, non-sublicensable, personal, revocable, limited license to access and use the Services. You may install, use, display, and run the Product on your terminal device for non-commercial purposes.
IV. Services Introduction
This product is a screen transmission product that provides you with wireless screen transmission, remote control and other functions.
The functions of the Product mentioned above may be changed along with Product upgrading, and such functions displayed on the Product interface shall prevail.
1. The specific content, functionality and form of the software are provided by us in its actual and visible state, and we have the right to determine the specific content, functionality and form of the software service in our sole discretion (for example, we may only provide it in a specific language in a specific country or region) and to add, change, discontinue and stop the specific content, functionality and form of the software in our sole discretion. The content, functionality and form of the Services will be determined by the Services as it is presented in real-time.
2. You acknowledge and agree that the data generated through the use of the Product may be processed and stored by us or third-party contractors and suppliers by us.
3. You understand and agree that the Product may be suspended or stopped by us based on our own business development or as required by judicial, regulatory and supervisory authorities.
4. Unless permitted by applicable law and with our written authorization, you may not use or otherwise export or re-export this Product and Services.
5. If you use other software or services provided by or on behalf of us, separate terms and conditions will apply to that software or service.
V. Intellectual Property Ownership
1. We are the owner of the intellectual property rights to the Product or have obtained use rights from third parties where third-party components are embedded in the Product. All intellectual property rights such as copyright, trademark, patent, trade secret, etc. of the Software and all information contents related to the Services (including but not limited to text, pictures, audio, video, graphics, interface design, layout frame, relevant data or electronic documents, etc.) are protected by the laws and regulations of the People's Republic of China and corresponding international treaties or other applicable laws.
2. You shall not implement, exploit, or transfer the above intellectual property rights by yourself or license any third party for any commercial or non-commercial purpose without the written consent of us or the relevant right holder.
VI. Fees.
Currently, the use of the Product is free of charge, however, we reserve the right to add fee-charging features and functionalities in future Services. We also reserve the right to display advertisements in connection with the Product and its Services to you. We will clearly notify you in case of any paid content and service in this Product before your use and you may choose whether to accept or use such paid content or service according to our instructions (including but not limited to service fee standards, payment terms and service rules).
VII. Restrictions on the Use of Scheme
1. You must not and must not permit, authorise or assist any other person, to:
(1) reverse engineer, decompile or disassemble the Product;
(2) create derivative works of the Product;
(3) modify (or disable) any security, encryption or anti-privacy software or technology included in the Product; or
(4) modify any resource compiled inside the program file of the Product.
2. Each version of the Product is licensed for use as a single product and you must not use a component separately from any other component.
3. Except as expressly permitted under this Agreement, you must not sell, reproduce or distribute, provide a service bureau, transmit (including broadcast), communicate, adapt, modify or publish or otherwise use the Product or any other content or materials provided by us to you or accessed through the Product without our prior written consent.
4. We reserve all rights in relation to the Product and related Services. You must not exercise any rights not expressly set out in this Agreement in relation to the Product and related services without our prior written consent.
5. You must:
(1) comply with the terms of the Agreement;
(2) not and must not permit, authorise or assist any other person to use Product to display, access or transmit any information which results in you, us or a third party breaching any law;
(3) not and must not permit, authorise or assist any other person to:
(a) remove or interfere with any copyright notices or digital rights management Product or restrictions (including territorial) connected to Product;
(b) tampers with, hinders the operation of or makes unauthorised modifications to Product;
(c)use Product in a way which inhibits any other user from using Product or places an unacceptable or excessive burden on Product or any system which hosts or interacts with Product;
(d) use Product in a way which defames, harasses, threatens, menaces or offends any person; or
(e) use Product to publish, display or distribute any information which contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
(f ) use Product in a way which breaches any law;
(g) use Product in a way which infringes the intellectual property rights or other rights of any other person;
(h) use Product in a way which misleads or deceives;
(i) enter a computer information network or use computer information network resources without permission;
(j) delete, modify or add computer information network functions without permission;
(k) lease, lend, link, reprint, compile, pose, publish, or engage in other unauthorised uses of Product including to develop other products, works, services, packages, plug-ins, compatibility, and interconnection arrangements; or
(l) destroy normal functions of the Product and intentionally disseminate destructive information such as computer viruses.
VIII. Use of Personal Information
When you are using the Services, we may need to collect personal information to provide you with the Services. We pay great attention to the protection of your personal information and have made the Privacy Policy, which states detailed information about the way we collect, use, store, transfer and disclose your personal information. You may refer to the details of the "Privacy Policy" , which forms an integral part of this Agreement. By downloading, installing or using the Services, you agree to be bound by the terms of this Agreement and its Privacy Policy, and we will protect your privacy in accordance with the Privacy Policy.
IX. Upgrades
1. In order to better provide you with the Services and to guarantee the security of the Services, we may update the Product from time to time (including but not limited to software modification, software upgrades, partial function disabling, function strengthening, new services development, software replacement and function improvement).
2. You may choose whether to upgrade to the corresponding version based on your needs. To facilitate your experience of the better Services of the Product, and in compliance with applicable laws, we may enable automatic upgrade and update functions for you by default. You can choose whether to enable this function in software settings. In case of such updates, we will notify you in an appropriate manner (including but not limited to system notifications, announcements, etc.), and you have the right to choose whether to accept the updated version.
X. Performance of the Product
1. To the fullest extent permitted by applicable laws and regulations, we give no guarantee that the Product will be virus or error-free.
2. You acknowledge and agree that you may be required to use other software provided by us in the course of using the Product. The Product and other software provided by us may require mutual calling functions and data sharing between us and third-party software providers. In order to use certain functionality of the Product, a computer-related auxiliary device (such as a microphone or camera) may be required.
3. If a service or software is provided by a third party, you will need to abide by the third party's terms and conditions in addition to complying with this Agreement. We are not responsible for the use of, access to or performance of any service or software provided by the third party (including but not limited to the services, software and content provided by the third party to which you are redirected through the Product). We do not guarantee the security, accuracy or validity of the services, software and content provided by a third party. If you use services or software provided by a third party, you will be responsible for managing these risks.
4. We will not be liable for any failure or delay in the performance of its obligations under this Agreement or the non-availability or poor performance of the Product to the extent such failure or delay is caused by a circumstance, not within our reasonable control including acts of God, war, riot, strikes or labour disputes, fire, flood, or natural disaster, accidents, traffic events and electrical supply failures (“ Force Majeure Event ”). If a Force Majeure Event occurs we will take reasonable steps to avoid any disruptions to your normal use of the Product.
XI. Cancellation
1. We may immediately suspend or restrict access to the Product or terminate this Agreement if:
(1) You are in breach of the terms of this Agreement;
(2) We are not able to provide the Product to you due to a Force Majeure Event;
2. Termination or expiry of this Agreement will not affect any rights or obligations of either party which accrued prior to termination. Once it is terminated, we will continue to retain the information you stored in the Product according to the requirements of applicable laws and regulations and delete the information generated during your use of the Product in our database in a reasonable period. You agree that, to the fullest extent permitted by applicable law, we shall not be liable to you for such deletion.
3. Our rights under clause ⅪI(2) shall be exercised:
(1) in a manner that is reasonable; and
(2) to the extent possible, after providing reasonable prior notice to you.
XII. Indemnification
You will indemnify, release and hold harmless us, our parent, subsidiaries and affiliates, and all officers, directors, agents and employees thereof, and any party acting on our behalf, from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees (collectively, "Claims") arising out of (i) any use of the Services or products appearing on the Services by you or by any person that is not in accordance with the terms of this Agreement; (ii) any breach of this Agreement by you or by any person that you allow to use the Services; or (iii) any violation of any laws, regulations or the rights of any third party by you or by any person that you allow to use the Services or products appearing on the Services.
XIII. Disclaimer and Limitation of Liability
1. The Product is not compatible with all software and hardware systems. we do not guarantee that the Product will be continuously available or error-free. In the event of incompatibility and errors in the Product, you can contact our technical support team. If there is a compatibility issue that cannot be resolved, you may be required to delete the Product.
2. To the fullest extent permitted by applicable laws and regulations, we will not be liable (whether in contract, tort (including negligence), or otherwise) for any form of indirect or consequential loss or damage, loss of profits, loss of business, loss of revenue, loss of data, loss of goodwill, loss of opportunity or loss of anticipated savings or any other economic loss arising out of or in connection with this Agreement or the Product. To the extent any applicable statutory guarantees apply to the supply of the Product to you under this Agreement, our liability under those guarantees shall be limited to (at our option) re-supplying the Product or paying the cost of that re-supply.
3. You acknowledge and agree that you are responsible to ensure that Users shall not use the Product to publish or disseminate content prohibited by laws and regulations, and are fully responsible for the authenticity, legality, harmlessness, accuracy and validity of the content published or disseminated on the Product. Any legal liability related to the content published or disseminated by Users in the forms of notifications, notices and pictures, etc., shall be borne by you. we assume no legal liability. If it results in any loss by us or the third party, you shall be liable for compensation in accordance with the law.
XIV. Governing Law and Dispute Resolution
1. This Agreement applies the laws of the People's Republic of China.
2. Each party submits to the exclusive jurisdiction of the courts of the People's Republic of China.
3. Parties must first attempt to resolve any dispute arising from or in connection with this Agreement by negotiating in good faith. If negotiations are not successful, either party may commence legal proceedings in the jurisdiction where we are located.
XV. Assignment
1. We may assign any or all of our rights, or may novate its rights and obligations under this Agreement without your consent. You must execute all documents necessary to give effect to any novation or assignment permitted under this clause.
2. You may not assign, novate or transfer any of your rights or obligations under this Agreement without our prior written consent.
3. No our dealer, reseller, agent, distributor, customer or employee is authorized to make any amendment to this Agreement.
XVI. Miscellaneous
1. If any provision of this Agreement is wholly or partially invalid or unenforceable for any reason, or is in violation of any applicable law or regulation, that provision is deemed removed and the remainder of the Agreement will continue to be valid and binding.
2. We may change this Agreement from time to time by publishing an updated version on this website. If you do not agree with the changes made by us, you may opt out of this Agreement within 10 days of the changes being published on the designated website, otherwise, the revised Agreement shall be taken to apply to your ongoing use of the Product.
3. A notice under this Agreement must be in writing and given to its recipient entity:
(1) by email; or
(2) in addition, in the case of we giving notice to you, by posting the notice on the Product, in each case the notice will be regarded as received 4 hours after sending or posting (as applicable) or if it is sent or posted on a weekend or public holiday in the location of the recipient entity on the first day that is not a weekend or public holiday.
4. A provision of this agreement, or right, power or remedy created under it, may not be varied or waived except in writing.
5.The rights, powers, and remedies of a party provided in this agreement are cumulative with, and not exclusive of, any right, power, or remedy provided by law.
If you have any questions about this Agreement or would like to obtain any information relating to the Product, please contact us using the details provided below.
Service and support: contact@cvte.com
Mailing Address: No. 6, Liankun road, Huangpu District, Guangzhou City