End User License Agreement
Thanks for your use of the service provided by ASUS CloudCorporation ("ASUS Cloud," "Company," "We,""Our," or "Us") (the "Service").
To safeguard your rights and interests, please peruse theterms and conditions set forth in this Agreement. When you register or startusing the Service, you are deemed to have read, understood and agreed to thecontents of this agreement. If you disagree with any term in this agreement, orany term and condition contained in the Agreement are found in conflict withthe law in your country or region which excludes the effectiveness of a part ofor all contents contained in this agreement, you should stop using the Service.
If you are a minor, you shall register as the member oraccess the website and its services only after your parents (or your guardian)read and understand the rights, obligations, terms and conditions contained inthis notice. When you complete the member registration process or start usingour "Service", we assume that your parent(s) or guardian has (have)read, understood and agreed to the terms and conditions contained in thisAgreement and the amendments of this Agreement which are made hereafter, andall applicable laws and regulations.This service is not provided for use for those under 16 years of age in theEuropean Union. By using this service, you represent that you are 16 years ofage or older.
Subject to the type of Service, you understand you mayneed to agree additional terms and conditions (including the restriction ofage). Such additional terms and conditions would be proved together withapplicable Service; when you use such Service, applicable additional terms andconditions constitute part of this Agreement.
You should be aware and understand that ASUSTeK ComputerInc. 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 orderto protect YOUR privileges, YOU shall abide by the Internet application custom.YOU agree the following actions are strictly prohibited:
· Any attempt to interfere, invade, ordestroy 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 thenetwork of the Service website.
The aforementioned terms do not imply that we use anymeasure to censor contents (including but not limited to texts, images, audios,videos, software, information of other categories) that you send, post orpublish. You should bear in mind the aforementioned risks when viewing contentssent by other members and in no circumstance hold us any liability.
YOU acknowledge that some content of the Service isprovided by third parties, and YOU also acknowledge that this Service mayenable access to third parties’ services or websites.YOU agree to enjoy such services or websites and access at YOUR own discretionand such enjoyment shall be subject to the conditions and terms between YOU andsuch third parties, including but not limited to price of merchandize, orderconfirmation system, maximum order amount, product delivery and payment policy.YOU also acknowledge and agree that ASUS Cloud will not be responsible forneither the agreement between YOU and such third parties nor any contentprovided by such third parties.
YOU acknowledge that any software YOU downloaded orobtained via the Service shall be used in compliance with the End User LicenseAgreement ("EULA") provided or contained therein.
YOU shall hold any and all liability caused by breach ofabove; 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 tomodify this Agreement at any time, and each such modification shall beeffective upon posting on the Service. YOUR continued use of the Servicefollowing any such modification will be deemed YOU agree to be bound by andYOUR acceptance of the modified Agreement. It is therefore important that YOUread and visit this website on a regular basis to ensure YOU are updated as tothe applicable Agreement. If YOU do not agree to be bound by this Agreement andto abide by all applicable law,
YOU must discontinue using the Service immediately. IfYOU fail to comply with this Agreement, we may suspend or cease provision ofService to you.
YOU agree that the electronic format is the sole mannerof declaration of intention of this Service or Agreement.
Please be noted portions of the Service may be used inmobile devices, but do not use the Service in mobile devices whenever maydefocus your attention which may cause your breach of traffic or safety regulations.
1. Intellectual Property Right
YOU acknowledge that YOU are solelyresponsible for the information includes without limitation to, information,data, text, software, music, sound, photographs, graphics, video, messages orother materials upload, transmit, input or provide to this Service by YOU, andnone of such information represents the opinion of ASUS Cloud.
All title and intellectual property rightsin and to any third party content that is contained in the Service or may beaccessed through the use of the Service, is the property of the respectivecontent owners and may be protected by applicable intellectual property relatedlaws and treaties.
The patents, copyrights, trademarks,business secrets, specific technologies and other intellectual properties ofthe software, programs and contents (including but not limited to texts,descriptions, images, pictures, graphics, files, page designs, websitestructures and arrangements) provided on the Company’swebsite and related websites are the properties of the Company and otherrespective owners/licensees. You shall not reproduce, broadcast/play/screen inpublic, re-write, edit, rent, distribute, reverse engineer, decompile,disassemble, or use these properties for other purposes without a writtenconsent from the Company or property holders. In case of violation, you shallsolely 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 theattention of your violation of the aforementioned terms or the situation whereyou are apt to violate the aforementioned terms, we reserve the right tosuspend your membership and the right to use the "Service" forthwith,in addition to deleting the content that violates the aforementioned terms andtaking other measures as necessary. You may notify us of your objection, ifany.
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 AuthenticIdentity
YOU are required to provide true, accurate,current and complete information about YOURSELF if prompted and requested by aregistration process of Service Account. YOU may access and correct YOURpersonal information through this Service website at any time. You are deemedto have acknowledged and agreed that we reserve the right to terminate yourmembership and your right to use our "Service" forthwith wheneveryour registered data prove unauthentic or do not match with your current dataas a result of your failure to update in time immediately after a change. Youare deemed to have acknowledged and agreed that the "Service" you useas a member belong to us and the Service you use shall only be between you andus. A member may only use the "Service" as defined under thisAgreement, and shall not rent, lend, transfer or assign the "Service"to any third party. You are liable for the damages to the rights of otherpeople or any violation against the law if a false identity or any personaldata from others are used; you are also obligated to compensate for the damagesso caused to our Company.
4. Safeguarding Your Account and Password
You are obliged to put your account andpassword in careful custody. Under no circumstances shall you reveal suchinformation to any third party. You shall be fully responsible for your accountand password. Any behavior that is performed under your registered account isdeemed the behavior taken by yourself, unless you have evidence to prove youraccount 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/orpassword has(have) been stolen or exploited by others in an unjustifiablemeans, you shall keep our Company informed forthwith so that we can takecountermeasures as necessary. Any assistance provided by the Company does notnecessarily suggest that the Company is liable or agrees to guarantee orcompensate your damage, either explicitly or implicitly.
Our Company assumes not any responsibilityfor indemnity whenever your account and/or password is(are) illegally used byothers. You should be sure to log out after every use to prevent a potentialmisuse by others.
5. Period of the “Service”
If you are a user of ASUS products and haveregistered to become an ASUS and ASUS Cloud member, the period of the “Service” refers to the period of thefree “Service” for the ASUSproduct you bought. The free “Service”period and storage space you have access to may vary depending on your ASUSproduct model. For more information, please visit the Help page.
If you are participating in the ASUSIncrease free space plan, the account with increased free space will beautomatically downgraded when the rewarded free service period has expired.
· If you have used more storage space thanthe space available after the downgrade, you will receive an e-mail notice, andyour account will be unable to add new files or share files. Please move yourfiles within 30 days. When the space you are using is less than your totalavailable space that remains after the downgrade, your account can be usednormally. After 30 days, the system will automatically delete all the filesstored in the storage space.
· If the space you used is less than thespace available after the downgrade, the system will automatically execute thedowngrade without affecting your account usage.
If you registered as an ASUS Cloud memberat the website to use the “Service ” , the period of the “Service” refers to the period of the "Service" you choseto purchase.
6. Service Fee
When you choose to subscribe to the paidservice, we will ask you to log in to your ASUS Cloud account and confirm theplan you wish to subscribe. For details on the subscription fees, please seethe 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 requestan unconditional refund of the full amount paid. For one month after therefund, you may still download any files and data that you have uploaded.
· After the 14-day evaluation period, norefunds will be possible.
· Failure to pay for the monthly or annualsubscription fee in time will constitute a waiver of your ASUS Cloudmembership, and we may terminate the “Service” provided to you.
· Any changes to the subscription plans willbe 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 beginrecurring auto-subscription and on the agreed billing dates for each period,until you cancel the payment in your Account settings. You shall bear theapplicable taxes for your country/region and, when necessary, we will chargeadditional taxes.
· Recurring subscriptions can be paid for bymonth or by year. We will make payment deductions according to the period youselect when you purchase the service. If you choose to pay by month, yourpayment will be deducted on the same billing date of each calendar month. Incases where the usual billing date does not exist for the given month, paymentshall instead be taken on the last day of the given month. If you choose to payby year, your payment will be deducted on the same billing date of eachcalendar year. In cases where the usual billing date does not exist for thegiven year, payment shall instead be taken on the last day of the billing monthfor 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 thefollowing: credit card, debit card, bank account, any other payment method usedto pay for your purchased service. You must provide us with at least onepayment method. If your primary payment method is declined, you authorize us tomake payment deductions through any other payment method associated with youraccount. If you are unable to make payments in time, we bear the right tosuspend your account, remove paid features or reclaim storage space.
· You can go to the account page to updateyour payment method. We may also use information provided by your paymentservice provider to update your payment method. By making any updates, youagree to allow us to continue making payment deductions according to yourchosen payment method.
· Once canceled, the service will remaineffective until the end of the current billing period. You are not entitled torequest a refund for any payments made prior to your cancellation.
· Trial periods are available for some of ourrecurring auto-subscription services. Each member is eligible for a single,complimentary trial period. Trial periods cannot be transferred, leased orresold to a third party. You are not eligible to claim any rights or interestsfor commercial activities or that are not specified within the Conditions ofUse.
· Following completion of the trial period,you will start being billed for subscription services. Users are not eligiblefor more than one trial period.
· If a trial period is applicable for yourpurchased 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 sellingselected services or adjust subscription fees for subsequent billing periods.In cases where adjustments have been made, we will inform you of theseadjustments in advance via the email address associated with your account. Ifyou fail to respond in time or reject the adjustments which we have made, thepaid service will be automatically terminated when the current billing periodcomes to an end.
7. Suspension or Interruption of the “Service”
We may suspend or interrupt the “Service” either in whole or in partwithout any liability, under any of the following circumstances:
· When performing regular migration,replacement, testing or maintenance work on systems and equipment related tothe “Service”.
· Suspension or interruption of the “Service” as a result of factors notattributable to the Company, including but not limited to technical issues,unauthorized intervention, fraud, force majeure or any other causes beyond thecontrol 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 serviceat its sole discretion, to the maximum extent permitted by law.
8. Termination of the “Service”
· If you are using a free service, forexample, 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 activityfor six months or more, your account will become inactive and a reminder willbe sent to you. If you not use the service within 30 days of the reminder, wewill remove the files you have stored and terminate the service. After “Service” termination, you maycontinue to use the account by subscribing to a paid plan. For questionsregarding purchases, please contactour customer service .
· If you are using a paid plan (Including thepre-load plan of selected ASUS models.) but did not renew your subscriptionafter 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 notupload any more files. If you do not renew your subscription within 30 days ofthe end of the “Service”period, your account will be closed and all your files will be removed. If youneed to reactivate your account, please contactcustomer service .
When a certain part of the “Service” will be terminated, we willannounce it on our website 30 days prior to the termination. We will not beheld responsible if you did not receive our e-mail communications due to errorsin the personal information and e-mail address you provided, therefore pleasebackup your data at all times to protect you rights and interests.
9. Restrictions & Responsibilities
YOU ACKNOWLEDGE THAT THE SERVICE WEBSITE ISPROVIDED “AS IS.” You are responsiblefor the correctness, completeness, safety and stability of transmission of theinformation you store, and you are also responsible for the "Service"will not be disconnected or erroneous. For all files and information youtransmit, please backup all. You are deemed to have acknowledged and agreedthat the "Service" may be interrupted, temporarily inaccessible, slowin speed, or encounter errors transferring data or saving files, as a result ofyour improper use, failure or malfunction of network system or software &hardware, telecommunications providers, or due to human errors in operation, orthat the "Service" may be invaded, falsified, forged by a thirdparty. You agree ASUS Cloud will not be liable for any damages or loss incurreddirectly or indirectly by the aforementioned circumstances.
You are deemed to have fully understood therisks and possible damages, and shall not claim on the Company for anyliability or compensation.
10. Indemnity
YOU agree to defend, indemnify and hold harmlessASUS Cloud and its affiliates, service providers, syndicators, distributors,licensors, officers, directors and employees, from and against any and alllosses, damages, liabilities, and expenses arising out of any claim or demand(including reasonable attorneys' fees and court costs), due to or in connectionwith YOUR violation of this Notice or any applicable law or regulation, orthird-party right.
11. Addition, Amendment and Termination ofTerms of Agreement
In compliance with governing laws or otherneeds, the Company may, at any time, add, amend or terminate the terms of thisAgreement and the relevant regulations. Any addition, amendment and terminationof the terms of "Service" will become effective forthwith upon beingpromulgated through our website. You are assumed to have agreed to thesepost-amendment terms if you continue using our "Service" afterpromulgation.
ZenEyes Supplementary Provisions
Article 5, 6, and 8 above does not apply tothe ZenEyes Service
12. ZenEyes Service Period
If your ZenEyes Service was provided forfree with the purchase of a camera, the service period refers to the timeperiod during which the purchased camera is covered by warranty, and the freeZenEyes Service provided by the camera is available. The length of time thatthe ZenEyes Service is provided for free, and the amount of space provided toyou may vary depending on the device purchased, model, and the region thedevice was purchased in. For more information, please visit the FAQ page.
If you use the ZenEyes Service byregistering as an ASUS Cloud member on the ZenEyes website, the service periodrefers to the service period of the service you chose to purchase.
The file retention period shall be asspecified by the complimentary or purchased plan. We reserve the right toremove or delete content if the specified time period or space restriction ofthe plan has been exceeded, and we shall not be held liable for such removal ordeletion. You are solely responsible for backing up your data to otherlocations outside of the ZenEyes Service to prevent loss of user data and othercontent.
13. ZenEyes Service Fees
When you choose to subscribe to the paidservice, we will ask you to log in to your ASUS Cloud account and confirm theplan you wish to subscribe. For details on the subscription fees, please seethe " ZenEyes Plans" page. Please also note thefollowing:
· Subscriptions have to be paid in full andin advance, either monthly or annually.
· For users upgrading for the first time, theZenEyes Service provides a 14-day evaluation period, during which you mayrequest a refund of the full amount paid without any conditions. We do not forany 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 andaccept the "Automatic Subscription Renewal" process, which means thatunless you cancel the subscription in your account, the paid subscription willbe renewed automatically. If you wish to cancel your subscription for the nextperiod, please cancel the renewal one week prior to the subscription expirationdate. We will then automatically terminate the contract upon expiry and ceasebilling. If you have paid for the subscription you cancelled, please contact usfor help. If the price for the paid subscription increases, we will notify youin advance. If you do not accept, you can go to the Account Information section and cancel automatic subscription renewal. Bycontinuing payment, you agree to the changed price. We will automaticallycollect payment from you through third-party payment services (PayPal andSpgateway) until you cancel automatic subscription renewal, or until ASUS Cloudterminate stop providing the ZenEyes Service. The amount collected will bedetermined by the length of your subscription.
· You may cancel automatic subscriptionrenewal any time in the AccountInformation section, but no refunds will be providedfor any paid amounts.
· To protect your rights of use rights, youmay not purchase a lower level plan before the expiry of your subscribed plan.If you wish to downgrade your plan, please cancel automatic subscriptionrenewal of the original plan in the Account Information section, and purchaseyour desired subscription after the expiry of the original plan. If you wish tocancel your plan before the expiration date, please contact us for help.
· If you purchase a higher level plan beforethe plan you subscribed expires, you relinquish all rights of the originalplan. Our system will immediately collect payment, grant privileges, and updatethe amount and length of your automatically-subscribed plan. The remaining daysof the original plan will not be reimbursed or refunded.
· Failure to pay the monthly or annualsubscription fee in time will constitute a waiver of your ZenEyes Service, andwe may terminate the Service provided to you.
· ASUS Cloud will post any changes to theZenEyes Service price on the ZenEyes website. Any change to the service priceis effective as soon as it is posted. No refunds will be provided for purchaseswhere the current price is lower than the price at the time of purchase due toprice reduction or product promotion.
Updated April 20, 2021 byASUS Cloud Corporation