End User License Agreement

Thanks for your use of the service provided by ASUS Cloud Corporation ("ASUS Cloud," "Company," "We," "Our," or "Us") (the "Service").

To safeguard your rights and interests, please peruse the terms and conditions set forth in this Agreement. When you register or start using the Service, you are deemed to have read, understood and agreed to the contents of this agreement. If you disagree with any term in this agreement, or any term and condition contained in the Agreement are found in conflict with the law in your country or region which excludes the effectiveness of a part of or all contents contained in this agreement, you should stop using the Service.

If you are a minor, you shall register as the member or access the website and its services only after your parents (or your guardian) read and understand the rights, obligations, terms and conditions contained in this notice. When you complete the member registration process or start using our "Service", we assume that your parent(s) or guardian has (have) read, understood and agreed to the terms and conditions contained in this Agreement and the amendments of this Agreement which are made hereafter, and all applicable laws and regulations. This service is not provided for use for those under 16 years of age in the European Union. By using this service, you represent that you are 16 years of age or older.

Subject to the type of Service, you understand you may need to agree additional terms and conditions (including the restriction of age). Such additional terms and conditions would be proved together with applicable Service; when you use such Service, applicable additional terms and conditions constitute part of this Agreement.

You should be aware and understand that ASUSTeK Computer Inc. does not substantially participate in or operate the "Service". Any litigation, dispute or damage resulting from the "Service" shall, therefore, have nothing to do with ASUSTeK Computer Inc.

YOU acknowledge that this Agreement may reference in order to protect YOUR privileges, YOU shall abide by the Internet application custom. YOU agree the following actions are strictly prohibited:

·    Any attempt to interfere, invade, or destroy any system or resource on the Internet.

·    Transmitting materials that are threatening, obscene, pornographic, or destroying the public order and customs.

·    Spreading computer virus through the network of the Service website.

The aforementioned terms do not imply that we use any measure to censor contents (including but not limited to texts, images, audios, videos, software, information of other categories) that you send, post or publish. You should bear in mind the aforementioned risks when viewing contents sent by other members and in no circumstance hold us any liability.

YOU acknowledge that some content of the Service is provided by third parties, and YOU also acknowledge that this Service may enable access to third parties services or websites. YOU agree to enjoy such services or websites and access at YOUR own discretion and such enjoyment shall be subject to the conditions and terms between YOU and such third parties, including but not limited to price of merchandize, order confirmation system, maximum order amount, product delivery and payment policy. YOU also acknowledge and agree that ASUS Cloud will not be responsible for neither the agreement between YOU and such third parties nor any content provided by such third parties.

YOU acknowledge that any software YOU downloaded or obtained via the Service shall be used in compliance with the End User License Agreement ("EULA") provided or contained therein.

YOU shall hold any and all liability caused by breach of above; should there is damage or loss incurred to you or third parties thereof, we be not and shall not be held liable.

YOU acknowledge that ASUS Cloud reserves the right to modify this Agreement at any time, and each such modification shall be effective upon posting on the Service. YOUR continued use of the Service following any such modification will be deemed YOU agree to be bound by and YOUR acceptance of the modified Agreement. It is therefore important that YOU read and visit this website on a regular basis to ensure YOU are updated as to the applicable Agreement. If YOU do not agree to be bound by this Agreement and to abide by all applicable law,

YOU must discontinue using the Service immediately. If YOU fail to comply with this Agreement, we may suspend or cease provision of Service to you.

YOU agree that the electronic format is the sole manner of declaration of intention of this Service or Agreement.

Please be noted portions of the Service may be used in mobile devices, but do not use the Service in mobile devices whenever may defocus your attention which may cause your breach of traffic or safety regulations.

1.    Intellectual Property Right

YOU acknowledge that YOU are solely responsible for the information includes without limitation to, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials upload, transmit, input or provide to this Service by YOU, and none of such information represents the opinion of ASUS Cloud.

All title and intellectual property rights in and to any third party content that is contained in the Service or may be accessed through the use of the Service, is the property of the respective content owners and may be protected by applicable intellectual property related laws and treaties.

The patents, copyrights, trademarks, business secrets, specific technologies and other intellectual properties of the software, programs and contents (including but not limited to texts, descriptions, images, pictures, graphics, files, page designs, website structures and arrangements) provided on the Companys website and related websites are the properties of the Company and other respective owners/licensees. You shall not reproduce, broadcast/play/screen in public, re-write, edit, rent, distribute, reverse engineer, decompile, disassemble, or use these properties for other purposes without a written consent from the Company or property holders. In case of violation, you shall solely assume all legal responsibilities in full and shall, in addition, indemnify the Company from the damages or loss so incurred, if any.

If we notice or are brought to the attention of your violation of the aforementioned terms or the situation where you are apt to violate the aforementioned terms, we reserve the right to suspend your membership and the right to use the "Service" forthwith, in addition to deleting the content that violates the aforementioned terms and taking other measures as necessary. You may notify us of your objection, if any.

2.    Privacy Policy

Due to respect to personal information, ASUS Cloud is committed to protecting and respecting YOUR privacy with ASUS Cloud Privacy Protection Policy.

3.    Obligation to Register an Authentic Identity

YOU are required to provide true, accurate, current and complete information about YOURSELF if prompted and requested by a registration process of Service Account. YOU may access and correct YOUR personal information through this Service website at any time. You are deemed to have acknowledged and agreed that we reserve the right to terminate your membership and your right to use our "Service" forthwith whenever your registered data prove unauthentic or do not match with your current data as a result of your failure to update in time immediately after a change. You are deemed to have acknowledged and agreed that the "Service" you use as a member belong to us and the Service you use shall only be between you and us. A member may only use the "Service" as defined under this Agreement, and shall not rent, lend, transfer or assign the "Service" to any third party. You are liable for the damages to the rights of other people or any violation against the law if a false identity or any personal data from others are used; you are also obligated to compensate for the damages so caused to our Company.

4.    Safeguarding Your Account and Password

You are obliged to put your account and password in careful custody. Under no circumstances shall you reveal such information to any third party. You shall be fully responsible for your account and password. Any behavior that is performed under your registered account is deemed the behavior taken by yourself, unless you have evidence to prove your account and password have been stolen.

The account and password of the "Service" are limited to your personal use. You shall not rent, lend, transfer or assign such information to be used by any third party.

Whenever you find your account and/or password has(have) been stolen or exploited by others in an unjustifiable means, you shall keep our Company informed forthwith so that we can take countermeasures as necessary. Any assistance provided by the Company does not necessarily suggest that the Company is liable or agrees to guarantee or compensate your damage, either explicitly or implicitly.

Our Company assumes not any responsibility for indemnity whenever your account and/or password is(are) illegally used by others. You should be sure to log out after every use to prevent a potential misuse by others.

5.    Period of the Service

If you are a user of ASUS products and have registered to become an ASUS and ASUS Cloud member, the period of the Service refers to the period of the free Service for the ASUS product you bought. The free Service period and storage space you have access to may vary depending on your ASUS product model. For more information, please visit the Help page.

If you are participating in the ASUS Increase free space plan, the account with increased free space will be automatically downgraded when the rewarded free service period has expired.

·    If you have used more storage space than the space available after the downgrade, you will receive an e-mail notice, and your account will be unable to add new files or share files. Please move your files within 30 days. When the space you are using is less than your total available space that remains after the downgrade, your account can be used normally. After 30 days, the system will automatically delete all the files stored in the storage space.

·    If the space you used is less than the space available after the downgrade, the system will automatically execute the downgrade without affecting your account usage.

If you registered as an ASUS Cloud member at the website to use the Service, the period of the Service refers to the period of the "Service" you chose to purchase.

6.    Service Fee

When you choose to subscribe to the paid service, we will ask you to log in to your ASUS Cloud account and confirm the plan you wish to subscribe. For details on the subscription fees, please see the Plans page or App screen. Please also note the following:

  • Subscriptions have to be paid in full and in advance, either monthly or annually. You can also choose recurring auto-subscription. The payment method will depend on the features of the product you purchased. For more information on recurring auto-subscription, please refer to the Recurring Auto-Subscription section.

·    The Service provides a 14-day evaluation period, during which you may request an unconditional refund of the full amount paid. For one month after the refund, you may still download any files and data that you have uploaded.

·    After the 14-day evaluation period, no refunds will be possible.

·    Failure to pay for the monthly or annual subscription fee in time will constitute a waiver of your ASUS Cloud membership, and we may terminate the Service provided to you.

·    Any changes to the subscription plans will be posted on the Service website, and effective as soon as it is posted.

Recurring Auto-Subscription

·    If you choose recurring auto-subscription, we will automatically make payment deductions on the day when you begin recurring auto-subscription and on the agreed billing dates for each period, until you cancel the payment in your Account settings. You shall bear the applicable taxes for your country/region and, when necessary, we will charge additional taxes.

·    Recurring subscriptions can be paid for by month or by year. We will make payment deductions according to the period you select when you purchase the service. If you choose to pay by month, your payment will be deducted on the same billing date of each calendar month. In cases where the usual billing date does not exist for the given month, payment shall instead be taken on the last day of the given month. If you choose to pay by year, your payment will be deducted on the same billing date of each calendar year. In cases where the usual billing date does not exist for the given year, payment shall instead be taken on the last day of the billing month for the given year.

·    By choosing recurring auto-subscription, you agree to allow us to make fixed payment deductions at regular intervals. These payments may be deducted from but are not limited to one of the following: credit card, debit card, bank account, any other payment method used to pay for your purchased service. You must provide us with at least one payment method. If your primary payment method is declined, you authorize us to make payment deductions through any other payment method associated with your account. If you are unable to make payments in time, we bear the right to suspend your account, remove paid features or reclaim storage space.

·    You can go to the account page to update your payment method. We may also use information provided by your payment service provider to update your payment method. By making any updates, you agree to allow us to continue making payment deductions according to your chosen payment method.

·    Once canceled, the service will remain effective until the end of the current billing period. You are not entitled to request a refund for any payments made prior to your cancellation.

·    Trial periods are available for some of our recurring auto-subscription services. Each member is eligible for a single, complimentary trial period. Trial periods cannot be transferred, leased or resold to a third party. You are not eligible to claim any rights or interests for commercial activities or that are not specified within the Conditions of Use.

·    Following completion of the trial period, you will start being billed for subscription services. Users are not eligible for more than one trial period.

·    If a trial period is applicable for your purchased product, the first billing period for the product will be free of charge, however, thereafter you are not eligible for any additional evaluation period.

·    We reserve the right to stop selling selected services or adjust subscription fees for subsequent billing periods. In cases where adjustments have been made, we will inform you of these adjustments in advance via the email address associated with your account. If you fail to respond in time or reject the adjustments which we have made, the paid service will be automatically terminated when the current billing period comes to an end.

7.      Suspension or Interruption of the Service

We may suspend or interrupt the Service either in whole or in part without any liability, under any of the following circumstances:

·    When performing regular migration, replacement, testing or maintenance work on systems and equipment related to the Service.

·    Suspension or interruption of the Service as a result of factors not attributable to the Company, including but not limited to technical issues, unauthorized intervention, fraud, force majeure or any other causes beyond the control of ASUS Cloud which corrupts or affects the operation, security, fairness, justice or reasonableness of the Service.

·    ASUS Cloud reserves the right to cancel, terminate, modify or suspend, or limit your use of all or part of the service at its sole discretion, to the maximum extent permitted by law.

8.      Termination of the Service

·    If you are using a free service, for example, by using an ASUS product and registering to become an ASUS member, thus obtaining the use of the free service: If your account shows no activity for six months or more, your account will become inactive and a reminder will be sent to you. If you not use the service within 30 days of the reminder, we will remove the files you have stored and terminate the service. After Service termination, you may continue to use the account by subscribing to a paid plan. For questions regarding purchases, please contact our customer service.

·    If you are using a paid plan (Including the pre-load plan of selected ASUS models.) but did not renew your subscription after the end of the Service period, then you may only download your files within 30 days of the end of the Service period, and you may not upload any more files. If you do not renew your subscription within 30 days of the end of the Service period, your account will be closed and all your files will be removed. If you need to reactivate your account, please contact customer service.

When a certain part of the Service will be terminated, we will announce it on our website 30 days prior to the termination. We will not be held responsible if you did not receive our e-mail communications due to errors in the personal information and e-mail address you provided, therefore please backup your data at all times to protect you rights and interests.

9.    Restrictions & Responsibilities

YOU ACKNOWLEDGE THAT THE SERVICE WEBSITE IS PROVIDED AS IS. You are responsible for the correctness, completeness, safety and stability of transmission of the information you store, and you are also responsible for the "Service" will not be disconnected or erroneous. For all files and information you transmit, please backup all. You are deemed to have acknowledged and agreed that the "Service" may be interrupted, temporarily inaccessible, slow in speed, or encounter errors transferring data or saving files, as a result of your improper use, failure or malfunction of network system or software & hardware, telecommunications providers, or due to human errors in operation, or that the "Service" may be invaded, falsified, forged by a third party. You agree ASUS Cloud will not be liable for any damages or loss incurred directly or indirectly by the aforementioned circumstances.

You are deemed to have fully understood the risks and possible damages, and shall not claim on the Company for any liability or compensation.

10.    Indemnity

YOU agree to defend, indemnify and hold harmless ASUS Cloud and its affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, from and against any and all losses, damages, liabilities, and expenses arising out of any claim or demand (including reasonable attorneys' fees and court costs), due to or in connection with YOUR violation of this Notice or any applicable law or regulation, or third-party right.

11.    Addition, Amendment and Termination of Terms of Agreement

In compliance with governing laws or other needs, the Company may, at any time, add, amend or terminate the terms of this Agreement and the relevant regulations. Any addition, amendment and termination of the terms of "Service" will become effective forthwith upon being promulgated through our website. You are assumed to have agreed to these post-amendment terms if you continue using our "Service" after promulgation.

ZenEyes Supplementary Provisions

Article 5, 6, and 8 above does not apply to the ZenEyes Service

12.    ZenEyes Service Period

If your ZenEyes Service was provided for free with the purchase of a camera, the service period refers to the time period during which the purchased camera is covered by warranty, and the free ZenEyes Service provided by the camera is available. The length of time that the ZenEyes Service is provided for free, and the amount of space provided to you may vary depending on the device purchased, model, and the region the device was purchased in. For more information, please visit the FAQ page.

If you use the ZenEyes Service by registering as an ASUS Cloud member on the ZenEyes website, the service period refers to the service period of the service you chose to purchase.

The file retention period shall be as specified by the complimentary or purchased plan. We reserve the right to remove or delete content if the specified time period or space restriction of the plan has been exceeded, and we shall not be held liable for such removal or deletion. You are solely responsible for backing up your data to other locations outside of the ZenEyes Service to prevent loss of user data and other content.

13.    ZenEyes Service Fees

When you choose to subscribe to the paid service, we will ask you to log in to your ASUS Cloud account and confirm the plan you wish to subscribe. For details on the subscription fees, please see the "ZenEyes Plans" page. Please also note the following:

·    Subscriptions have to be paid in full and in advance, either monthly or annually.

·    For users upgrading for the first time, the ZenEyes Service provides a 14-day evaluation period, during which you may request a refund of the full amount paid without any conditions. We do not for any reason accept applications for refunds past the 14-day evaluation period, or from users that are not upgrading for the first time.

·    By purchasing a plan, you acknowledge and accept the "Automatic Subscription Renewal" process, which means that unless you cancel the subscription in your account, the paid subscription will be renewed automatically. If you wish to cancel your subscription for the next period, please cancel the renewal one week prior to the subscription expiration date. We will then automatically terminate the contract upon expiry and cease billing. If you have paid for the subscription you cancelled, please contact us for help. If the price for the paid subscription increases, we will notify you in advance. If you do not accept, you can go to the Account Informationsection and cancel automatic subscription renewal. By continuing payment, you agree to the changed price. We will automatically collect payment from you through third-party payment services (PayPal and Spgateway) until you cancel automatic subscription renewal, or until ASUS Cloud terminate stop providing the ZenEyes Service. The amount collected will be determined by the length of your subscription.

·    You may cancel automatic subscription renewal any time in the Account Informationsection, but no refunds will be provided for any paid amounts.

·    To protect your rights of use rights, you may not purchase a lower level plan before the expiry of your subscribed plan. If you wish to downgrade your plan, please cancel automatic subscription renewal of the original plan in the Account Information section, and purchase your desired subscription after the expiry of the original plan. If you wish to cancel your plan before the expiration date, please contact us for help.

·    If you purchase a higher level plan before the plan you subscribed expires, you relinquish all rights of the original plan. Our system will immediately collect payment, grant privileges, and update the amount and length of your automatically-subscribed plan. The remaining days of the original plan will not be reimbursed or refunded.

·    Failure to pay the monthly or annual subscription fee in time will constitute a waiver of your ZenEyes Service, and we may terminate the Service provided to you.

·    ASUS Cloud will post any changes to the ZenEyes Service price on the ZenEyes website. Any change to the service price is effective as soon as it is posted. No refunds will be provided for purchases where the current price is lower than the price at the time of purchase due to price reduction or product promotion.

Updated April 20, 2021 by ASUS Cloud Corporation