PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU REGISTER, PARTICIPATE IN AND/OR USE THE PiiGii APPLICATION.
This PiiGii end-user license agreement (this “Agreement”) is a legal agreement between you (“you”) and Regal Silver Limited (“us” or “we”) for the use of the PiiGii Application Software (the “App”).
The App is designed to work with our devices (the “Products”).
We license use of the App to you on the basis of this Agreement and subject to any rules or policies applied by any app store provider, such as but not limited to the Apple App Store or the Google Play Store (the “Third Party Rules”). We do not sell the App to you and remain the owner of the App at all times.
It is important that you read and understand this Agreement before using the App.
By downloading, using or registering on any aspect of the App, YOU AGREE to the terms and conditions of this Agreement which will legally bind you. The terms and conditions of this Agreement include, in particular, a disclaimer clarifying that the App do not provide medical advice (Clause 5.1) and limitations of liability (Clause 5). In addition, by downloading, using or registering on any aspect of the App, you represent and warrant that you have the requisite capacity and competence to enter into and perform your obligations and the terms and conditions of or under this Agreement.
If you DO NOT AGREE to the terms and conditions of this Agreement, we will not license the use of the App to you and you MUST IMMEDIATELY STOP using or registering on any aspect of the App.
The App supports remote control of different skincare functions and features in the Products. For this feature to work correctly, the App (a) has to be paired with the Products via Bluetooth and (b) always needs to first be open on your Device and connected to the Products via Bluetooth.
1. ACKNOWLEDGEMENTS
1.1. This Agreement applies to the use of the App, including any updates or supplements thereto, unless such updates or supplements come with separate terms, in which case those terms apply.
1.2. We may change the terms and conditions of this Agreement at our sole discretion from time to time by notifying you of a change when you next start or use the App or by publishing on our website (www.piigii.com/zh-hk/app-terms/), which change shall be effective immediately. The new terms and conditions may be displayed on-screen and you may be required to read and accept them to continue your use of the App.
1.3. From time to time updates to the App may be issued through the App store provider. Depending on the update, you may not be able to use the App until you have downloaded or streamed the latest version of the App and accepted any new terms and conditions. However, even if the App is outdated, we are in any event under no obligation to update the App. Continued access of the App by you will constitute your acceptance of any changes or revisions to the App.
1.4. If a minor uses the App, he/she must obtain his/her guardian’s (such as a parent) acceptance and consent to this Agreement (including this Clause and Clause 5).
1.5. If the user is a minor, his/her legal guardian is responsible for managing, supervising the user, and is responsible for all actions taken by the user when using the App and the resulting consequences.
1.6. You acknowledge that you have received a copy of and read our Personal Data (Privacy) Policy & Statement.
2. GRANT AND SCOPE OF LICENSE
2.1. In consideration of you agreeing to abide by the terms and conditions of this Agreement, we grant you a non-transferable, non-exclusive license to use the App on your Device (as defined below), subject to this Agreement and the Third Party Rules which are incorporated into this Agreement by reference. To the extent of any inconsistency between the terms and conditions of this Agreement and the Third Party Rules, the terms and conditions of this Agreement shall prevail. We reserve all other rights.
2.2. You may download a copy of the App onto your Device and to view, use and display the App on your Device for your personal purposes only. We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or reselling purposes.
2.3. For the purposes of improving the functions of the App and other business purposes, we may collect non-personal data from your use of the App. Additionally, for the same purposes, this non-personal data may be shared with third parties.
3. ACCEPTABLE USE RESTRICTIONS
3.1. You are responsible for preparing your own Device, executing the download and installation of the App, and preparing any ancillary equipment and circumstances for the use (such as an internet connection) at your own costs.
3.2. You should take security measures for your own usage environment to prevent computer viruses, unauthorized access, and data leaks. We do not intervene in your usage environment, nor do we take any responsibility for it.
3.3. Except as expressly set out in this Agreement or as permitted by any applicable local laws and regulations, you agree:
3.3.1. not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
3.3.2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
3.3.3. not to make alterations to, or modifications of the whole or any part of the App;
3.3.4. not to permit the App or any part of it to be combined with, or become incorporated in, any other programs;
3.3.5. not to use the App for any commercial, business, or reselling purposes;
3.3.6. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing;
3.3.7. not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system;
3.3.8. not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by this Agreement);
3.3.9. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
3.3.10. not use the App in a way that could interfere with other users or damage, disable, overburden, impair or compromise our systems or security or those of any third party in relation to the App;
3.3.11. not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers;
3.3.12. to comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App;
3.3.13. any actions that promote or facilitate the behaviours mentioned above; and
3.3.14. any other behaviour that we may reasonably deem inappropriate.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. The App also contains other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by us or our licensors and is not clearly identified as, or intended, for your use, including without limitation the organization, design, compilation, and "look and feel" of the App, and advertising thereon (collectively, the “App Content”). The App Content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of us or our licensors.
4.2. You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use the App in accordance with the terms and conditions of this Agreement. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any App Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.
4.3. You acknowledge that you have no right to have access to the App in source-code form.
4.4. You will not challenge the validity of any of our intellectual property rights licensed pursuant to this Agreement or oppose any application for the registration of such intellectual property rights.
5. LIMITATION OF LIABILITY AND INDEMNIFICATION
5.1. YOU UNDERSTAND THAT THE APP IS PROVIDED ON AN “AS IS” BASIS AND THAT IT IS NOT INTENDED TO AMOUNT TO ANY ADVICE, INCLUDING BUT NOT LIMITED TO MEDICAL ADVICE, OR FOR DIAGNOSTIC PURPOSES ON WHICH RELIANCE SHOULD BE PLACED. WE ARE NOT A MEDICAL PROFESSIONAL NOR A MEDICAL CARE PROVIDER AND DO NOT PROVIDE MEDICAL ADVICE. THE APP IS NOT INTENDED TO BE RELIED UPON IN LIEU OF MEDICAL TREATMENT OR ADVICE BY A TRAINED MEDICAL PROFESSIONAL OR MEDICAL CARE PROVIDER. YOU ARE ADVISED TO ALWAYS CONSULT YOUR DOCTOR OR OTHER HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS REGARDING ANY MEDICAL OR HEALTH CONDITION.
5.2. You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements. You agree that you use the App at your own risk.
5.3. Use of and access to the App is permitted on a temporary basis, and we reserve the right to withdraw or amend the App without notice. From time to time, we may restrict access to some parts of the App or to the entire App, or to users who have registered with us. We will not be liable if for any reason the App is unavailable at any time or for any period.
5.4. The App includes links that may direct users to independent third-party websites or mobile applications (“Third-Party Websites”) and may provide functions to connect to such Third-Party Websites. Third-Party Websites are not managed by us, and we are not responsible nor liable for their content or for the data management and privacy policies of third parties, nor do we provide any guarantees or warranties. You must independently evaluate your communications with Third-Party Websites (including the purchase and use of products or services available through access to Third-Party Websites).
5.5. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THE APP IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY, PERFORMANCE OR UNINTERRUPTED SERVICE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE APP, A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. FURTHERMORE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS, WE, OTHER MEMBERS OF OUR GROUP OF COMPANIES AND THIRD PARTIES CONNECTED TO US HEREBY EXPRESSLY EXCLUDE:
5.5.1. ALL GUARANTEES, CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED;
5.5.2. ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH THE APP OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF THE APP AND ANY MATERIALS POSTED ON IT, INCLUDING BUT NOT LIMITED TO:
(a) LOSS OF INCOME OR REVENUE;
(b) LOSS OF DATA;
(c) INJURY OR DEATH;
(d) DETERIORAION OF YOUR HEALTH CONDITION;
(e) LOSS OF OPPORTUNITY FOR MEDICAL TREATMENT OR DIAGNOSIS;
WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
5.6. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR AFFILIATED COMPANIES, AND THEIR DIRECTORS, OFFICERS, AND EMPLOYEES HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING REASONABLE LEGAL FEES AND EXPENSES, RELATED TO YOUR BREACH OF THIS AGREEMENT OR YOUR USE OF THE APP.
5.7. The App is designed for supported mobile phone devices (a “Device”). We will have no liability for errors, unreliable operation, or other issues resulting from use of the App on or in connection with rooted or jail broken Device or use on any Device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, the “Modified Device”). Use of the App on and through Modified Device will be at your sole and exclusive risk and liability.
5.8. If in any case the Products is considered to be a medical device under the law and regulations of the place at which you use the App or the jurisdiction to which your use of the App is subject, the Products’ use must comply with the relevant laws and regulations of that place or jurisdiction, and the Products can only be used in the place or jurisdiction in accordance with the relevant laws and regulations. Therefore, the Products can only be used in the "region of residence" selected by you when installing the App, as well as the location where the Products was purchased. If the Products is used in other locations, please apply for a consumer-use import permit certificate or confirm on your own and at your own risk that usage is legally permitted according to local laws and regulations. You represent and warrant that you will be solely responsible and liable for the compliance of this Clause.
5.9. The biological or health related information displayed in the App (including any indicative effect (e.g. calories burnt after use of the Products) is strictly for reference only. Such information is only estimated based on calculations using a pre-determined set of parameters and may or may not reflect the actual effect of the Products. You should not rely upon any biological or health related information displayed in the App as any form of indication of the functionality of the Products. We will have no liability for errors, unreliable operation, or other issues resulting from use of the App in connection with the biological or health related information displayed in the App.
6. TERMINATION
6.1. We may terminate the license herein and this Agreement immediately and without incurring any liability by written notice to you:
6.1.1. if you commit a material or persistent breach of this Agreement;
6.1.2. if you commit any breach of Clause 3; or
6.1.3. if we decide in our sole discretion to no longer support the App and discontinue the App indefinitely.
6.2. On termination of the license herein or this Agreement for any reason:
6.2.1. all rights granted to you under this Agreement shall cease and terminate;
6.2.2. you must immediately cease all activities authorized by or under this Agreement, including your use of the App;
6.2.3. you must immediately delete or remove the App from all Device(s), and immediately destroy all copies of the App then in your possession, custody or control and certify to us upon request that you have done so; and
6.2.4. and, thereafter, you remain bound by the Clauses that by their nature or intended character can survive expiration or termination of this Agreement.
7. FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.
8. MISCELLANEOUS
8.1. We may transfer our rights and obligations under this Agreement to another organization, but this will not affect your rights or obligations under this Agreement.
8.2. You may only transfer your rights or obligations under this Agreement to another person with our consent in writing.
8.3. No failure on our part to insist on your performance of any of your obligations under this Agreement, or enforcement of our rights against you (or any delay in doing so) should constitute a waiver of our rights against you ns. Any waiver by us must be given in writing. No waiver given by use shall be construed as a waiver of any later default on your part.
8.4. Each of the provisions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
8.5. This Agreement shall be governed by and interpreted in all respects in accordance with the laws of Hong Kong. You agree that any disputes directly or indirectly arising out of or relating to this Agreement shall be submitted to the non-exclusive jurisdiction of the courts of Hong Kong.
8.6. If any provision of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall in no way affect the validity or enforceability of any other provision herein.
