These Terms of Use (“Terms”) apply to all Websites (as defined below), services, software, Apps (as defined below), Content (as defined below), and Apitor Products (as defined below) (collectively, the “Services”) provided to You (as defined below) by Apitor Technology Co., Ltd. (“Apitor”). Please read them carefully. In addition to these Terms, Your access to and use of the Services are governed by the Apitor Privacy Policy, which can be found at https://www.apitor.com/privacy.php(the “Privacy Policy”), and any additional rules and/or terms identified or displayed on the Websites or in connection with a particular Service, App or Apitor Product. The Privacy Policy and any such additional rules and terms constitute a part of these Terms and are incorporated by reference herein. Please read these Terms, the Privacy Policy, and any such additional rules and terms carefully.
These Terms govern Your use of the Services and constitute a binding agreement between You and Apitor, and are deemed accepted by You and Apitor. Your access to or use of the Services indicates Your acceptance of these Terms. If You do not accept these Terms, then do not use, access, or install the Services or Apps. Apitor reserves the right to revise these Terms at any time, at its sole discretion, by posting an updated version to the Website. You should visit this page periodically to review the most current Terms because they are binding on You. By continuing to access or use the Services after updated terms have been posted, You agree to be bound by the updated Terms.
Definitions
“Apps” means any mobile application, available for download from Apple App Store, Google Play Store, or Amazon Appstore, and any other software application made by Apitor for use on a mobile device or tablet computer.
“Content” means all content contained in the Website, including all text, images, audio content, videos, designs, graphics, information, logos, downloadable content, software, and any other content contained therein and all related patents, copyrights, trademarks, service marks, intellectual property and/or other proprietary information of Apitor.
“Apitor Product(s)” means and refers to any robots, robot accessories, or other products purchased from Apitor through the Website, any mobile application, or otherwise.
“Post or Provide” (or any derivative thereof)means to upload, post, transmit, share, store, submit, link to, or otherwise make available on the Website.
“We,” “Us,” and “Our” mean and refer to Apitor and its parents, subsidiaries, or affiliates.
“Website” means any websites, web pages, and any subpages (including any mobile websites, web pages, and subpages) under Apitor’s control, whether partial or otherwise. This includes, but is not limited to, www.apitor.com, any subpages, and the website from which these terms of use were accessed. This also includes the Content.
“You,” “Your,” and “User” mean and refer to all individuals and/or entities who are accessing or using the Website or the Services for any reason.
Eligibility and Account
By accessing or using the Services, You represent and warrant to Apitor that (i) You are of legal age to form a binding contract, or, if You are a minor, You have Your parent’s permission to access or use the Services, and Your parent has read and agrees to these Terms on Your behalf; (ii) all information You provide is accurate, current and complete; (iii) You will maintain the accuracy and completeness of such information; and (iv) if You are accepting these on behalf of an institution, school, company or other legal entity, You have the authority to bind that institution, school, company or legal entity to these Terms. You also certify that You are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
To access certain features of the Services, You may be required to create an account (“Account”) on the Website. By creating an account, You represent and warrant that You are at least 13 years of age and, if You are a minor, You have Your parent’s permission to access or use the Services and to create an Account. Apitor reserves the right to suspend or terminate Your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for maintaining the confidentiality of Your Account and password and You accept responsibility for all activities that occur under Your Account and password. You agree to update Your Account information to keep it current and accurate and will immediately notify Apitor of any unauthorized use of Your Account.
Usage
You agree and warrant that You will not use the Services in a manner that is illegal or otherwise inconsistent with these Terms. In addition, You will not use the Services in a manner that Apitor deems, in its sole discretion, objectionable.
You agree that You will access the Services only through the interfaces provided.
You agree not to do any of the following:
• attempt to decipher, decompile, disassemble or reverse engineer or otherwise hack the Website or any software, network or servers used to provide the Services, or to damage our Website, services or other property in any way;
• attempt to breach any security or authentication measures of the Website or the Services;
• avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Apitor or any other third party to protect the Services or the Content;
• use the Services, Your account, or communications with other Users for any commercial purpose or solicitation;
• interfere or attempt to interfere with other Users’ use of the Services;
• impersonate or misrepresent Your affiliation with any person;
• violate any applicable law or regulation;
• defame, abuse, stalk, threaten, intimidate, harass or otherwise violate the legal rights of any User or employee, staff or agent of Apitor;
• do anything that could disable, damage, tamper with, impair, or otherwise cause interruptions to the proper working of the Services;
• use any robot, spider, scraper or other automated means to access, data-mine, data-crawl, scrap or index the Services in any manner;
• send spam or any other unauthorized advertisements or solicitations through or using the Services;
• attempt to harvest, collect or use addresses, phone numbers or email addresses, or other contact information of Users without consent from such Users and Apitor;
• solicit personal information (including social security numbers, credit card numbers, and passwords) from Users;
• provide any false personal information in Your account, create more than one account, transfer Your account or create an account for anyone other than Yourself;
• offer any contest, sweepstakes, coupon, or other promotion through Apitor;
• do anything illegal, infringing, fraudulent, malicious or could expose Apitor or Users to harm or liability;
• refer a friend by providing such friend’s e-mail address to Us unless such friend is at least 13-years old;
• allow a child under the age of 13 to provide any personal information in such child’s User Content ;
• attempt, encourage or facilitate any of the above.
Apitor will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Apitor may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms. You acknowledge that Apitor has no obligation to monitor Your access to or use of the Services or the Content, but has the right to do so to operate the Services, to ensure Your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
User Content
Apitor may offer community features, such as forums, in-App text messages, and chats, as part of the Services. You must be over the age of 13 and, if you are a minor, have Your parent or legal guardian’s consent to participate in any community features. In addition, Apitor may allow You to submit information to Apitor through forms and other manners in connection with obtaining customer support from Apitor’s help center. You may Post or Provide reviews, comments, photos, images, logos, descriptions, and other content and submit suggestions, ideas, comments, questions, opinions, and feedback (collectively, the “Provided Content”). In addition, You may include content in the coding and programming created by You for Your robot (the “Programming Content” and together with the Provided Content, the “User Content”). You may not Post or Provide Provided Content or include any Programming Content in Your robot that is illegal, libelous, offensive, harmful, obscene, pornographic, threatening, defamatory, or invasive of privacy, including User Content that advocates, endorses, condones, or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals. You may not Post or Provide Provided Content, include Programming Content in Your robot, or provide access to User Content that exploits people in an abusive, violent or sexual manner or that promotes illegal activities or provides instructions on how to conduct illegal activities. You also may not Post or Provide User Content or include Programming Content in Your Robot, including photos and videos, or files that contain software or any other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party. In addition, You may not Post or Provide Provided Content or include Programming Content in Your robot that consists of or contains software viruses, political campaigning, objectionable materials, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity or otherwise Post or Provide any misleading information or Provided Content that You know is false or inaccurate. Apitor reserves the right (but not the obligation) to remove or edit such User Content, at its sole discretion.
If You do Post or Provide Provided Content or create any coding or programming for Your robot, You grant Apitor a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media, including, without limitation, for troubleshooting, marketing, product development and any other commercial or non-commercial purpose in Apitor’s sole discretion, without payment or compensation to You of any kind. You grant Apitor and Our sublicensees the right to use the name that You submit in connection with such User Content if We or they choose to use it. You represent and warrant that You own or otherwise control all of the rights to the User Content that You Post or Provide or include in Your robot; that the User Content is accurate; that use of the User Content You supply does not violate the Terms or applicable laws, rules or regulations and will not cause injury to any person or entity; and that You will indemnify Apitor for all claims resulting from User Content You supply. Apitor has the right but not the obligation to monitor and edit or remove any activity or Provided Content. Apitor takes no responsibility and assumes no liability for any Provided Content Posted or Provided by You or any third party or any Programming Content created by You for Your robot.
Apitor does not pre-screen, review, edit or approve any Provided Content. The Apitor community may flag inappropriate Provided Content and Apitor may, in its sole discretion, remove or disable access to any Provided Content.
By Posting or Providing Provided Content or otherwise sharing any information on the Website, You represent and warrant that You are the owner or otherwise have the right to publicly distribute the Provided Content. Any User Content Posted or Provided will be considered public, and Apitor will not be responsible for the actions of Users with regards to any public information. By creating any Programming Content for Your robot, You represent and warrant that You are the owner or otherwise have the right to use such Programming Content.
If You decide to sell, donate or gift a used Apitor Product, we recommend that You, at a minimum, wipe the custom voice recording slots (available via the Apps), delete all voice recordings and remove all Personal Information (as defined in the Privacy Policy).
Indemnity
You agree to defend, indemnify, and hold harmless Apitor, its parent, subsidiaries, affiliates, and their respective officers, directors, successors, subsidiaries, contractors, technology providers, advertisers, employees, and agents, from and against any claims, actions, losses, costs, liability or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) Your use of the Services, (ii) Your breach of these Terms, including Your representations and warranties herein or (iii) Your violation of any applicable laws.
Apitor reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defense of these claims. You agree not to settle any matter without the prior written consent of Apitor . Apitor will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
Limitation of Liability
We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Apitor Products, even if we have been advised of the possibility of such damages.
Term and Termination
These Terms will remain in full force and effect while You are a User of the Services. Apitor reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to suspending, disabling, or terminating Your Account and/or Your access to and ability to use the Services and/or any other services provided to You by Apitor, at any time for any or no reason and without any notice. Even after You are no longer a User of the Services, the provisions of these Terms will remain in effect. You may terminate this agreement at any time by ceasing all use of the Services. All sections which by their nature should survive the expiration or termination of this agreement shall continue in full force and effect after and notwithstanding the expiration or termination of this agreement.
Digital Millennium Copyright Act
If You are a copyright owner or a direct agent thereof and believe that any User Submission or other Content infringes upon Your copyrights, You may submit a notification according to the Digital Millennium Copyright Act (“DMCA”) by providing Our Copyright Agent at the following address with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Address:
Apitor Technology Co., Ltd.
Copyright Agent
Email: support@apitor.com
• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the material claimed to have been infringed, and enough pertinent information about the location of the material to enable Us to locate it within the site;
• Your contact information such as an address, telephone number, and, if available, an electronic mail;
• a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Miscellaneous
Privacy: See the Privacy Policy for information and notices concerning Apitor’s collection and use of Your personal information.
Third-Party Software: Apitor uses computer software supplied by third parties (the “Third Party Software”). Apitor is providing the Third Party Software to you by permission of the respective licensors and/or copyright holders on the terms provided by such parties.
Commercial Use: Any commercial use of the Services is expressly prohibited without the written consent of Apitor. This includes but is not limited to collecting names, information, contacting Users, lead generation, and all other commercial activities.
Third-Party Links: The Services may contain links to third-party Websites. These links are provided solely as a convenience and not as an endorsement by Apitor of the contents on such third-party websites. Apitor is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party Websites. If You decide to access linked third-party websites, You do so at Your own risk.
Access Outside China: Apitor makes no claims that the Services may be lawfully viewed, downloaded, or accessed outside of China. Access to the Services may not be legal by certain persons or in certain countries. If You access the Services You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. When you access the Services you acknowledge and agree that information you provide may be transferred to a jurisdiction other than your country of residence.
Governing Law: These Terms are governed by Chinese laws. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Apitor’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Apitor’s ability to enforce such term at any point in the future.
Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Apitor’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Apitor’s ability to enforce such term at any point in the future.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Apitor’s prior written consent. Any attempt by You to assign or transfer these Terms without such consent will be null and of no effect. Apitor may assign or transfer these Terms, in its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Amendment
At any time, we may amend these Terms of Use (including by modification, deletion, and/or addition of any portion thereof). If we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site, and/or by posting notice of such amendment on the web sites covered by these Terms of Use or via the relevant App Store or the App itself. Any such amendment to these Terms of Use will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you. By using the App following the thirty (30) calendar days' notice you consent to any material amendments. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. If the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.
