Milesight Toolbox Private Policy

PRIVACY POLICY

1. NON-PERSONAL DATA

Non-personal data means information that, by itself, does not personally identify you. We may collect Non-personal data such as your model number, area code and other properties for purposes of managing the apps or software and communicating with you.

2. PERSONAL DATA

Personal data means personally identifiable information that specifically identifies you as an individual (e.g., your name, email address). We may collect your personal data in compliance with the privacy policy defined by the General Data Protection Regulations (GDPR).

3. THIRD PARTY TERMS AND CONDITIONS

Please note that your access to and use of the apps or softwares may be subject to certain third-party terms and conditions and privacy policies. You recognize and agree that we are not liable for any such third-party terms and conditions and any third party’s use of your Personal data. Here are links to the privacy policies of a few of the distributors we use : http://www.google.com/intl/policies/privacy/

4. DISCLOSURE AND TRANSFER OF PERSONAL DATA

We disclose information to respond to subpoenas, court orders and other legal processes as well as to establish/exercise our legal rights or defend against legal claims. We will share Personal data and Non-personal data in order to investigate, prevent or take action against illegal activities, suspected fraud, potential threats to the physical safety of any person, violations of our Terms of Use or as otherwise required by law.

5. LEGAL REPRESENTATIVES

Company: Xiamen Milesight Technology Co., Ltd. Address: Building C09, Software Park Phase III,  Xiamen 361024, Fujian, China Website: https://www.milesight-iot.com Email: iot.marketing@Milesight.com Telephone: +86 592 5023060

END USER LICENSE AGREEMENT

By downloading any application or software from Milesight or any marketplace (Google, Amazon, Samsung, ...) here after referred to as "The Company", installing or using this application or software or any portion thereof, here after referred to as "Software", you agree to the following terms and conditions (the "Terms and Conditions").

1. USE OF APPLICATION / SOFTWARE

1. The Company grants you the non-exclusive, non-transferable, limited right and license to install and use this Software solely and exclusively for your personal use.
2. You may not use the Software in any manner that could damage, disable, overburden, or impair the Software (or servers or networks connected to the Software), nor may you use the Software in any manner that could interfere with any other party’s use and enjoyment of the Software (or servers or networks connected to the Software).
3. You agree that you are solely responsible for (and that The Company has no responsibility to you or to any third party for) your use of the Software, any breach of your obligations under the Terms and Conditions, and for the consequences (including any loss or damage which The Company may suffer) of any such breach.

2. PROPRIETARY RIGHTS

You acknowledge that :

1. The Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
2. The Company and/or third parties own all right, title and interest in and to the Software and content, excluding content provided by you, that may be presented or accessed through the Software, including without limitation all Intellectual Property Rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.You agree that you will not, and will not allow any third party to :
   1. Copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software or content that may be presented or accessed through the Software for any purpose, unless otherwise permitted,
   2. Take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Software,
   3. Use the Software to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or
   4. Remove, obscure, or alter The Company’s or any third party copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software.

3. THE COMPANY TERMS OF SERVICE AND PRIVACY POLICY

1. The Company’s Privacy Policy(located on the same page) explains how The Company treats your information and protects your privacy when you use the Software. You agree to the use of your data in accordance with The Company’s privacy policies.
2. The Software may contain features that are used in conjunction with The Company’s search and other services. Accordingly, your use of such features of the Software is also governed by The Company’s Terms of Service located at https://play.google.com/about/play-terms.html, The Company’s Privacy Policy located at http://www.google.com/intl/policies/privacy/, as well as any applicable The Company Service-specific Terms of Service and Privacy Policy, which may be updated from time to time and without notice.

4. GOVERNMENT RESTRICTED RIGHTS

This Software, related materials and documentation have been developed entirely with private funds. If the user of the Software is an agency, department, employee, or other entity of the Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Software, including technical data or manuals, is restricted by the terms, conditions and covenants contained in these Terms and Conditions.

5. EXPORT RESTRICTIONS

The Software may be subject to export controls or restrictions by other countries or territories. You agree to comply with all applicable China and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.

6. TERMINATION

These Terms and Conditions will continue to apply until terminated by either you or The Company as set forth below. You may terminate these Terms and Conditions at any time by permanently deleting the Software from your mobile device in its entirety. Your rights automatically and immediately terminate without notice from The Company or any Third Party if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Software.

7. INDEMNITY

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless The Company, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Software, including your downloading, installation, or use of the Software, or your violation of these Terms and Conditions.

8. DISCLAIMER OF WARRANTIES

1. You expressly understand and agree that your use of the Software is at your sole discretion and risk and that the application is provided as is and as available without warranty of any kind.
2. You are solely responsible for any damage to your mobile device, or other device, or loss of data that results from such use.
3. The company further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, with respect to the application.
4. The application is not intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other activities in which the failure of the application could lead to death, personal injury, or severe physical or environmental damage.

9. LIMITATION OF LIABILITY

You expressly understand and agree that the company, its subsidiaries and affiliates, and its licensors are not liable to you under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by you through your use of the application, including any loss of data or damage to your mobile device, whether or not the company or its representatives have been advised of or should have been aware of the possibility of any such losses arising.

10. MISCELLANEOUS

1. These Terms and Conditions constitute the entire Agreement between you and The Company relating to the Software and govern your use of the Software, and completely replace any prior or contemporaneous agreements between you and The Company regarding the Software.
2. The failure of The Company to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to The Company.
3. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.
4. The rights granted in these Terms and Conditions may not be assigned or transferred by either you or The Company without the prior written approval of the other party. Neither you nor The Company are permitted to delegate their responsibilities or obligations under these Terms and Conditions without the prior written approval of the other party.
5. These Terms and Conditions and your relationship with The Company under these Terms and Conditions will be governed by the laws of France without regard to its conflict of laws provisions. You and The Company agree to submit to the exclusive jurisdiction of the courts located within the county of Dijon, France to resolve any legal matter arising from these Terms and Conditions. Notwithstanding this, you agree that The Company will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.