User Agreement
(Applicable to MAXHUB V/VI Product)
Last updated on April [*] 2023
This User Agreement (hereinafter "this Agreement") is the legally binding agreement between you (i.e. natural person, legal person or other organization. Natural person under age of 16 shall read and sign this Agreement under the guidance of his/her designated guardian) and Guangzhou Shirui Electronics Co., Ltd. (hereinafter "Shirui" or "We") concerning our MAXHUB VI Product, preinstalled software and other functions (hereinafter "MAXHUB Products").
Before you use MAXHUB Products, please read this Agreement carefully. Any software and electronic documents related to this Agreement shall be authorized to you in a non-exclusive, non-transferable, limited way according to terms of this Agreement. At the same time, this Agreement is also applicable to any later release and upgrade of MAXHUB Products. You clearly know and understand that you have the right to accept or not to accept the terms of this Agreement. However, once you access or use MAXHUB Products in other ways, you agree to be bound by this Agreement. If you disagree, please stop using MAXHUB Products.
This Agreement will help you understand the following:
I. Introduction of MAXHUB Products
II. Conditions of Use
III. Personal Data Protection
IV. Violation of User Agreement
V. No Warranties and Disclaimer
VI. Limitation of Liability
VII. Governing Law and Dispute Resolution
VIII. Miscellaneous
I. Introduction of MAXHUB Products
MAXHUB Products is a world-famous solution provider of LCD driver products, focusing on developing cutting-edge interaction technologies and designing smart applications that are optimized for use in conferencing, digital signage, and similar environments. MAXHUB Products enable users to conduct remote conference through functions as multiple share client, writing board, multiple mark and etc., and are equipped with light applications such as vote, photograph, screen-capture, presentation etc. But please note that we may update and improve the features and functions of MAXHUB Products from time to time according to the changes in market strategy and customers’ demand, which is consistent with the industry practice. Hence the specific features are based on the MAXHUB Product version you actually purchased and used.
II. Conditions of Use
You can use MAXHUB Products legally only if you abide by terms and conditions of this Agreement.
1. You promise to confirm and acknowledge the following:
a) Some functions preinstalled in MAXHUB Products can only be used when connected to the Internet, including but not limited to transferring files and photos generated on MAXHUB Products to your own device by scanning a QR code. You must bear the costs in relation to the network communication and the use of third-party software (if any).
b) In view of the violation of applicable laws and regulations to us or this Agreement, the infringement, endangerment or threat of any persons’ rights or safety, or the act of false personation, we have the right, without prior explanation, to take the following measures including but not limited to:
· delete illegal, infringing and inappropriate contents;
· prevent violators from using all or part of MAXHUB Products; and
· retain relevant information and then report to competent authorities in accordance with the laws and regulations concerned.
c) If you use MAXHUB Products to store software programs, data, and other information, you should regularly back up the information contained in other storage mediums to protect these contents and prevent possible operational failures. You are solely responsible for any loss of programs, data, and other information you save.
d) Considering the portability of your data, you can choose to use any or both of the following functions according to your actual needs:
ž Sending or receiving via bound email account. If you use the email sending function of MAXHUB Products, you need to add the sender’s and/or recipient’s email account proactively. Please note that MAXHUB Products does not automatically clear the email information. If you are unwilling for the email address to be disclosed to other users, please clear it promptly after use. You are solely responsible for all liabilities caused by the disclosure of your email account and setting information saved.
ž Receiving via QR code scanning. If you hope to further transfer the information you upload or generated on the MAZHUB Products to your own mobile devices via the QR code scanning and sending function, you shall notice that this QR code generated within the Local Area Network (LAN) keeps its validation for 7 days. By scanning the QR code left in the device which you haven’t cleared after use, other users are also capable of downloading that information. Therefore, you are suggested to ensure the confidentiality of the QR code and be cautious when providing or disclosing it to others.
You shall be solely responsible for data security when you voluntarily choose to use the functions described in this section. You explicitly agree that Shirui cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
2. You promise and guarantee that the following behaviors will not exist:
a) Copy, distribute, reprint, display, post, modify, translate, merge, utilize, decompose or decompile any part of MAXHUB Products in any form or method.
b) Use MAXHUB Products for the purpose of creating the same or competitive services.
3. You promise to bear corresponding legal responsibilities for the following actions in the process of using MAXHUB Products:
a) Violation of privacy;
b) Violation of intellectual property rights;
c) Harassing, threatening, insulting or slandering others, infringing on the legitimate rights and interests of others;
d) Endangering the safety of children;
e) Publishing content that violates the principles of honesty and authenticity, including spam, false information and fake information;
f) Publishing harmful or dangerous content, including spreading obscenity, pornography, violence, murder, terrorism, or instigating crimes and propagating hatred;
g) Other acts prohibited by laws and administrative regulations.
h) You agree to notify Shirui immediately of any breach of security.
III. Personal Data Protection
1. Protecting users' personal data is one basic principle of Shirui. We will collect, use, store and share your personal data in accordance with this Agreement and the Privacy Policy.files/MAXHUB VI Product User Agreement(20221114)6430.png){kind=small}
. If in this Agreement there is no explicit provision concerning certain aspect of personal data protection or any conflict provisions with the Privacy Policy, the Privacy Policy shall prevail.
2. Our channels for collecting personal data include:
a) information directly provided by you;
b) data recorded by us about how you interact with our products.
3. By collecting your personal data, we will conduct following activities:
a) Provide our products and services. Personal data we collect will be used to provide you with MAXHUB Products, fulfill the contract between you and Shirui to ensure the functionality and safety of MAXHUB products and services, and to prevent and investigate fraud or other improper use.
b) Customer support. We use data to diagnose product problems, maintain MAXHUB Products, and render other services like customer care and customer support.
c) Product improvement. We use data collected to analyze product usage condition so as to constantly create, develop, and improve our products, analyze business operation efficiency, and include new features and functions. For instance, we will use the data from event tracking for product optimization and development, and furnish user profile construction with data basis.
4. We use your personal data according to the rules described in the Privacy Policy. Apart from entrusting Amazon Web Services (AWS) and Microsoft Azure (both are well-known worldwide cloud storage service providers) to store your Personal Data, we do not share your Personal Data with any other third party such as our affiliated companies or partners. Besides, we will only publicly disclose your personal data if it is mandatorily required by laws, such as in compliance with subpoena, legal proceedings, legal actions or compulsory request by supervisory department of government agencies.
5. During your use of MAXHUB Products, we may collect user data such as user's device information and log information through technical means such as event tracking, which can be used for device performance detection, user behavioral analysis and subsequent Product optimization. You can click here to know more regarding event tracking.
6. For the above categories of data, we will also take appropriate technical measures to ensure data security and prevent data leakage, so as to protect your rights and interests.
7. If you have any questions or concerns about our data practice, please contact support@maxhub.com and we will respond to your needs promptly.
IV. Violation of User Agreement
1. You also agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice and will cause irreparable harm to Shirui, for which monetary damages would be inadequate, and you consent to Shirui obtaining any injunctive or equitable relief that Shirui deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Shirui may have at law or in equity.
2. If Shirui does take any legal action against you as a result of your violation of this Agreement, Shirui will be entitled to recover from you, and you agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Shirui. You agree that Shirui will not be liable to you or any third party for termination of your access to MAXHUB Products as a result of any violation of this Agreement.
V. No Warranties and Disclaimer
1. Due to the rapid changes in business development needs, we may unilaterally change (e.g. add or reduce), suspend, restrict or terminate some or all of the contents of MAXHUB Products, and we do not need to provide any prior or further notice for the above situations, unless it is essential and critical to your use of MAXHUB Products or otherwise stipulated in applicable laws and regulations.
2. MAXHUB Products has been thoroughly tested, but it can't be guaranteed to be completely compatible with all third-party software and hardware systems, and it can't be guaranteed that MAXHUB Products is completely error-free. In case of incompatibilities or Product errors, you can inform us to obtain necessary technical support.
3. We can't guarantee:
a) MAXHUB Products fits your usage requirements.
b) MAXHUB Products is free from disturbance or error.
4. We will not assume relevant legal responsibilities for tangible or intangible losses caused by the following reasons:
a) Any situation where the service is interrupted or blocked due to hacker attack, computer virus intrusion, shielding of illegal content information and harassment information, government regulation and any other network, technology, communication line, information security management measures, defects in cybersecurity etc., which cannot meet your requirements.
b) Any loss caused by your improper use or other reasons of you own.
c) Risks incurred by anonymous or false information containing threatening, defamatory, offensive or illegal contents that may exist in the use of MAXHUB Products.
d) Your losses due to problems of third parties, e.g. operators, software providers, such as communication line failures, technical problems, network and computer failures, system instability, software quality and others.
e) Any liability or loss arising from defects in intellectual property rights of third-party software or services.
f) Other losses caused by force majeure.
5. Shirui does not promise that the MAXHUB Products will be error-free or uninterrupted, that any defects will be corrected, or that your use of MAXHUB Products will provide specific results. MAXHUB Products are delivered on an "as-is" and "as-available" basis. Shirui disclaims all warranties, express or implied, including any warranties of content accuracy, non-infringement, merchantability, and fitness for a particular purpose. Shirui disclaims any and all liability for the acts, omissions, and conduct of any third parties in connection with or related to your use of MAXHUB Products and/or any Shirui services. You assume total responsibility for your use of MAXHUB Products.
6. The above disclaimer applies to any damages, liability, or injuries caused by any failure of features and functions, error, omission, interruption, deletion, cyber defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
7. Shirui reserves the right to do any of the following, at any time, without prior notice:
a) to modify, suspend or terminate operation of or access to MAXHUB Products, or any portion of MAXHUB Products, for any reason;
b) to modify or change MAXHUB Products, or any portion of MAXHUB Products, and any applicable policies or terms; and
c) to interrupt the operation of MAXHUB Products, or any portion of MAXHUB Products, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
VI. Limitation of Liability
1． Except where prohibited by applicable laws, in no event will Shirui be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Shirui has been advised of the possibility of such damages.
2． If, notwithstanding the other provisions of this Agreement, Shirui is ultimately to be liable to you for any damage or loss which arises out of or is in any way connected with your use of MAXHUB Products, Shirui’s liability shall in no event exceed the total of fees with respect to MAXHUB Products paid to Shirui unless otherwise set forth in the jurisdictions’ laws and regulations you located.
3． You agree to indemnify and hold Shirui, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Shirui by any third party due to or arising out of or in connection with your use of MAXHUB Products.
VII. Governing Law and Dispute Resolution
The conclusion, execution and interpretation of this Agreement and the dispute resolution shall be governed by the laws of the People’s Republic of China. In case of any dispute between you and Shirui concerning the content of this Agreement or its implementation, both parties shall try their best to settle it through friendly negotiation. If negotiation fails, both parties agree to bring the dispute to the Huangpu District People's Court of Guangzhou for litigation.
VIII. Miscellaneous
1. This Agreement shall come into force as of the date of your acceptance, and this Agreement allows modifications whereby the altered results will be updated and displayed within MAXHUB Products. You have the right to stop using MAXHUB Products if you disagree with our changes to the relevant provisions of this Agreement. If you continue to use MAXHUB Products, it will be deemed that you accept our changes to the relevant terms of this Agreement.
2. The right of final interpretation of this Agreement belongs to Guangzhou Shirui Electronics Co., Ltd.
3. If any provision of this Agreement is held wholly or partially invalid or unenforceable, the remaining provisions of this Agreement shall remain valid and binding.
4. This Agreement is the complete and exclusive contract between you and Shirui on MAXHUB Products, and replaces and merges the previous negotiations and agreements between the parties on such matters. You may not transfer the rights and obligations stipulated in this Agreement without our written consent. Any attempt to transfer in violation of the above provisions is null and void.
5. Contact us for any further questions:
· Address: 246 Shenzhou Road, Huangpu District, Guangzhou City, Guangdong Province P.R.China
· Postcode: 510663
· E-mail: support@maxhub.com