Terms of Service
Posted by Support Manager on 18 March 2020 10:35 AM
Terms of Service
Last Updated: September 26, 2019
We are Computerxpress Sdn Bhd, (“CXSB”, “our”, “us” or “we”).
Your access to, and use of, all products and services sold or otherwise provided to you as a part of its Internet of Things solutions (collectively, the “Products” and the “Services,” respectively) and the Sites (as defined below) is subject to the terms and conditions set forth in these CXSB Terms of Service (these “Terms”)
PLEASE NOTE THAT THE SECTION OF THESE TERMS LABELED “CLASS-ACTION WAIVER AND AGREEMENT TO ARBITRATION” BELOW CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS IN ANY DISPUTE WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES ARISING OUT OF YOUR USE OF THE SERVICES AND/OR YOUR PURCHASE AND/OR USE OF ANY SERVICE OR PRODUCT.
BY CLICKING “I ACCEPT” OR BY ACCESSING AND USING THE SERVICES AND/OR THE SITES, YOU ARE AGREEING TO ALL OF THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT CLICK “I ACCEPT” AND DO NOT ACCESS OR USE THE SERVICES OR ANY OF THE SITES.
CXSB reserves the right, in its sole discretion, to modify, amend or supplement any term or condition of these Terms at any time, with or without notice, by posting such modifications, amendments and/or supplements here. If you continue to use the Services after any such modifications, amendments or supplements are made, you are then accepting and agreeing to be bound by them.
As a part of the registration process used by CXSB for you to create an account to access and use the Services, you must submit certain information as prompted, such as your name, email address, phone number, zip code/post code, and address. You may be prompted to provide additional optional information during setup which is not required to register for an account but may be necessary to provide you with full Services, to provide you with a trial of premium or other subscription-only services, or that might be helpful to CXSB in providing you with a more customized experience. This information could include, for example, payment information.
As part of the registration process, you will create a password that will allow you to log in to the Services. You are responsible for maintaining the confidentiality of your password and for all activities that occur on your account. You agree not to share your password, let others access or use your password, or do anything else that might jeopardize the security of your password. All the information that you provide when registering for an account and otherwise through the Sites and/or the Mobile Apps must be accurate, complete, and up to date. You may change, correct, or remove any information from your account by either logging into your account directly and making the desired changes or contacting CXSB’ support team.
CXSB does not verify the accuracy or ownership of the data or information submitted from Devices to the Services. You alone are responsible for determining: (i) the identity of those to whom you grant access to Devices, and (ii) the type, character, amount and nature of the data submitted from Devices to the Services.
To the extent to which we sell Products and/or the Services to you for any fee or charge that we collect, you will be required to select a form of payment and provide us information regarding your credit card or other form of payment authorized by us. You represent and warrant that such information is true and correct and that you are authorized to use the selected form of payment. When you make a payment, you authorize us (and our designated payment processor(s)) to charge the full amount to the payment source you designate for the transaction. You acknowledge and agree that you are liable for any and all applicable sales and use taxes for any purchase you make based on the mailing address that you provide, and you authorize CXSB to charge your payment method for any such applicable taxes. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You will pay us, in U.S. dollars, all fees and charges incurred in accordance with the authorized form of payment and these Terms. If you agreed to purchase a Tracking Device and subscribe to the Monitoring Service, you will pay not only all fees and charges incurred in accordance with the authorized form of payment and these Terms, but also all police, fire department, ambulance or paramedic charges or fees and all false alarm fines or penalties and response fees (whether charged to you or to us) by any third party. If you dispute any fees or charges, you must let us know within sixty (60) days after the date that we invoice or otherwise charge you, and give us the opportunity to remediate any problem that you believe entitles you to dispute those fees or charges. You hereby grant to us the right to fix any payment processing errors that we may discover, and the right to correct any such processing errors by debiting or crediting the payment method used for the transaction found to be in error.
We may charge your credit or debit card or account for your first fee for a subscription Service on the date upon which we process your order for that subscription Service, and on or about each monthly or annual anniversary thereafter. We may also obtain preapproval for an amount up to the amount of the transaction. Once your payment method is charged the first fee for a subscription Service, we will send a confirmation email to the email address that you have provided. If you have any dispute with either any such charge or your request that it recur, you must notify us in accordance with Section 5.
You acknowledge and agree that the amounts billed each billing period for subscription Services may vary for reasons that may include differing amounts due to promotional offers or changing subscription Services or prices. You authorize CXSB to charge your payment method for such varying amounts, or provide you a credit, on your next billing cycle.
YOU ACKNOWLEDGE AND AGREE THAT: (I) CXSB RESERVES THE RIGHT TO AUTOMATICALLY RENEW EACH SUBSCRIPTION SERVICE THAT YOU PURCHASE, ON OR ABOUT EACH MONTHLY OR ANNUAL ANNIVERSARY OF THE DATE UPON WHICH CXSB FIRST CHARGES YOU FOR THE SUBSCRIPTION SERVICE; AND (II) CXSB WILL HAVE THE RIGHT TO CHARGE YOU THE APPLICABLE MONTHLY OR ANNUAL SUBSCRIPTION FEE ALONG WITH ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED THEREON UNLESS YOU CANCEL PRIOR TO THE RENEWAL DATE.
If CXSB is unable to successfully charge your payment method for any charges due, CXSB reserves the right to revoke or restrict access to the Services, delete your stored content and/or terminate your account. If you want to designate a different payment method, or if there is a change in status for your payment method, you may change your payment method by logging into your account and making all payment-related changes to your account profile. You hereby acknowledge and agree that making such changes may: (i) temporarily disrupt services while CXSB verifies your new payment information; and (ii) may result in a change to your payment billing date.
Your access to subscription Services may begin with a free trial for a limited period of time. If you receive a free trial, the specific offer terms will be as stated in the material describing the free trial offer. Free trials are for new CXSB customers only. You may not combine free trials with any other offers. CXSB reserves the right to determine and limit eligibility for any free trial. Once your free trial period ends, we will begin billing your payment method for the monthly or annual fee for subscription Services corresponding to the subscription you chose at the time of purchase (plus any applicable taxes), unless you properly and timely cancel. For that reason, you may be asked to set up a valid payment method for continuation charges when redeeming a free trial offer. If you wish to avoid charges to your payment method, you must cancel subscription Services prior to the last day specified therefor in the terms applicable to your free trial period.
CXSB will pack and ship each Product that comprise hardware (“Hardware”) in accordance with our standard practices and the rules of our shipping partners. We will charge you for shipping and handling. Scheduled shipment dates are estimates only, and, while CXSB will use commercially reasonable efforts to meet scheduled shipment dates, in no event will CXSB be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.
If you are the original purchaser of Hardware that you purchased from CXSB (as opposed to from a third party) and you are not satisfied with the Hardware for any reason, you may return it in its original condition to us within sixty (60) calendar days of the original purchase date and receive a full refund, less any shipping and handling, duties and taxes that you paid with your original purchase (i.e., shipping and handling, duties and taxes are not refundable). Without limiting the foregoing: (i) only Hardware that has been purchased directly from CXSB can be returned to CXSB; and (ii) Hardware purchased from any third party may be returned, if at all, to such third party in accordance with its returns policy.
If you wish to cancel an order that CXSB has not yet fulfilled, or if you would like to schedule a return (including to receive a refund of a purchase price), contact us via email at email@example.com or telephone at (605) 246-2200 with your order details.
To qualify for a refund or credit (excluding shipping and handling, duties and taxes) you must:
· Contact CXSB with your order details within sixty (60) calendar days from your original order date, either in writing (via e-mail to firstname.lastname@example.org) or by telephone at (605) 246-2200, and obtain from CXSB a Return Merchandise Authorization (RMA);
· Return the Hardware along with all parts/components included with your original shipment, each in its original packaging, to the shipping address set forth below using a shipper that provides you with a shipment tracking number (i.e. FedEx, UPS, DHL); and
· Include with your return shipment the valid RMA number provided by CXSB, plainly visible on the outside of the returned package.
CXSB reserves the right to reject and either dispose of or return to you, at your expense, any return that is sent other than in compliance with the foregoing specified instructions. Requests for an RMA received by CXSB more than sixty (60) calendar days after the original purchase date for purchased Hardware may be evaluated on a case-by-case basis, subject to CXSB’ management approval and restocking fee. Products that are software, as well as Hardware that has been customized, modified and/or altered other than by CXSB are not eligible for return or refund.
Shipping Address for Returns
COMPUTERXPRESS SDN BHD
Attn: Product Returns Dept
No. 19, Medan Istana 3,
Bandar Ipoh Raya
30000 Ipoh. Perak.
Tel: (605 246-2200
YOU MAY CANCEL YOUR AUTOMATIC RENEWAL FOR SUBSCRIPTION SERVICES AT ANY TIME BY CONTACTING US VIA EMAIL AT: email@example.com. Unless otherwise noted, any fees paid by you prior to your cancellation are non-refundable (except as expressly permitted otherwise by these Terms or as may be required by law), including, without limitation, any fees paid in advance for the billing cycle during which you cancel. Termination past the relevant deadline for cancellation will not relieve you of any obligation to pay any accrued fees or charges to which you committed and failed to timely cancel. Upon cancellation of subscription Services, you will lose access to the benefits thereof to which you had previously had access, and CXSB will have the right to delete information and data stored as part of your account.
For one (1) calendar year from your original order date, CXSB warrants to you (and not to any third party) that Hardware manufactured by or for CXSB that you received from CXSB (as opposed to from a third party) will be free from material defects in materials and workmanship conditioned on the following: (i) such Hardware has been used solely normally and in accordance with all technical specifications and/or user manuals that accompany such Hardware; and (ii) such Hardware is associated with an active, fully paid, subscription to Services purchased by you.
For any breach of this limited hardware warranty, you must contact CXSB within one (1) calendar year from your original order date pursuant to the contact instructions set forth in Section 5.
If you submit a valid limited hardware warranty claim to CXSB, and you follow the instructions for returning the Hardware set forth in Section 5, we will, at our option, either: (i) repair the Hardware using either new or refurbished parts; (ii) replace the Hardware with a new or refurbished Hardware; or (iii) refund the full purchase price of the Hardware, less any shipping and handling, duties and taxes that you paid with your original purchase (i.e., shipping and handling, duties and taxes are not refundable).
This limited hardware warranty does not apply to: (i) consumable parts, such as batteries, unless failure has occurred due to a defect in materials or workmanship of the Hardware itself; (ii) cosmetic damage, including, without limitation, scratches, dents and broken plastic on ports; (iii) defects or damage caused by misuse, accident (including, without limitation, collision, fire and the spillage of solids or liquids), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, testing, or improper storage; (iv) damage caused by operation outside the permitted or intended uses for the Hardware described by CXSB; (v) damage caused by use with non-CXSB products or services; or (vi) any software, even if packaged or sold with Hardware.
If you agreed to purchase a personal emergency tracking device (a “Tracking Device”) and subscribe to an accompanying monitoring service (the “Monitoring Service”), you acknowledge and agree that the Monitoring Service is provided by a third-party operating its own call center (the “Call Center”), and that CXSB will provide monitoring services for the Tracking Device in accordance with these Terms.
You acknowledge and agree that the Tracking Device is intended to be used only for personal emergencies and that the Call Center will have the right to notify appropriate authorities (i.e., police, fire department or other emergency personnel (each, a “Responder”)) if a signal is received from the Tracking Device. The Monitoring Service is designed to track the Tracking Device, and, therefore, if you provide the Tracking Device to another person or become separated from the Tracking Device the Monitoring Service will not be able to track your location.
THE TRACKING DEVICE AND THE MONITORING SERVICE HAVE CERTAIN LIMITATIONS. IN CONSIDERATION FOR THE PROVISION OF THE TRACKING DEVICE AND THE MONITORING SERVICE, YOU ACKNOWLEDGE AND AGREE THAT:
· NEITHER WE NOR THE CALL CENTER REPRESENT OR WARRANT THAT THE TRACKING DEVICE OR THE MONITORING SERVICE WILL PREVENT DEATH, BODILY OR PERSONAL INJURY, OR ANY OTHER INJURY OR DAMAGE TO YOU OR OTHERS WHO USE THE TRACKING DEVICE, AND THAT YOU OR OTHERS WHO USE THE TRACKING DEVICE DO NOT AND HAVE NOT RELIED UPON ANY EXPRESS OR IMPLIED REPRESENTATION BY CXSB OR THE CALL CENTER TO THAT EFFECT.
· NEITHER WE NOR THE CALL CENTER MAKES ANY REPRESENTATION OR WARRANTY AS TO THE PROMPTNESS OF OUR OR THE CALL CENTER’S RESPONSE, AND NEITHER WE NOR THE CALL CENTER HAVE ANY CONTROL OVER THE RESPONSE TIME OR CAPABILITY OF ANY AGENCY OR PERSON WHO MAY BE NOTIFIED AS A RESULT OF THE TRACKING DEVICE BEING USED.
· WE AND/OR THE CALL CENTER MAY BE NEGLIGENT IN PROVIDING THE MONITORING SERVICE, THAT THE CALL CENTER MAY FAIL TO PROPERLY RESPOND TO THE RECEIPT OF AN EMERGENCY SIGNAL FROM THE TRACKING DEVICE, THAT THE TRACKING DEVICE MAY FAIL TO FUNCTION PROPERLY, AND THAT THE TRACKING DEVICE RELIES UPON THE AVAILABILITY OF GPS COVERAGE AND DATA, WIRELESS INTERNET NETWORK AVAILABILITY AND/OR CELLULAR NETWORK COVERAGE TO OPERATE PROPERLY, AND THAT EACH OF THOSE THINGS ARE PROVIDED BY THIRD PARTIES THAT ARE NOT CONTROLLED BY CXSB.
· THE CALL CENTER IS RESPONSIBLE ONLY FOR ENDEAVORING TO NOTIFY RESPONDERS AND FOR THE PROMPTNESS, SUFFICIENCY OR ADEQUACY OF THE ACTION OR INACTION OF ANY RESPONDER OR ANY THIRD PARTY ACTING AS A RESPONDER.
· IN NO WAY DOES CXSB REPRESENT OR GUARANTEE THAT ANY RESPONDER CAN BE CONTACTED, THAT THEY CAN OR WILL RESPOND, OR THAT ANY RESPONSE WILL BE SAFE OR EFFECTIVE, AND NO RESPONDER IS AN AGENT OR OTHER REPRESENTATIVE OF CXSB AND ANY ACTION TAKEN BY ANY RESPONDER WILL IN NO WAY BE IMPUTED TO CXSB.
· WE WILL HAVE THE RIGHT TO PROVIDE THE CALL CENTER AND ANY RESPONDER OR OTHER NECESSARY THIRD PARTY, AS DETERMINED BY US IN OUR SOLE DISCRETION, WITH ACCESS TO ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH THESE TERMS.
· ALL COMMUNICATIONS BETWEEN YOU, CXSB AND THE CALL CENTER MAY BE RECORDED, AND YOU CONSENT TO SUCH RECORDING.
· IF ANY ALARM SIGNAL IS RECEIVED BY THE CALL CENTER AND A RESPONDER IS SENT TO THE LOCATION OF THE TRACKING DEVICE, IF THE RESPONDER WOULD NEED A KEY, CODE OR OTHER MEANS OF ACCESS TO SUCH LOCATION AND THAT MEANS OF ACCESS IS UNAVAILABLE TO SUCH RESPONDER, THE RESPONDER MAY BE REQUIRED TO FORCIBLY ENTER SUCH LOCATION AS THE RESPONDER DETERMINES IN THEIR SOLE DISCRETION, AND THIS MAY RESULT IN DAMAGE OR PHYSICAL INJURY TO YOU OR A THIRD PARTY OR TO PROPERTY OWNED BY YOU OR A THIRD PARTY.
· IF WE AND/OR THE CALL CENTER WERE TO HAVE ANY LIABILITY GREATER THAN THAT AGREED TO BY YOU PURSUANT TO SECTION 20, WE COULD NOT AND WOULD NOT PROVIDE THE TRACKING DEVICE OR THE MONITORING SERVICE, THE AMOUNTS BEING CHARGED BY US ARE NOT SUFFICIENT TO GUARANTEE THAT NO LOSS WILL OCCUR, WE ARE NOT ASSUMING RESPONSIBILITY FOR ANY LOSSES WHICH MAY OCCUR EVEN IF DUE TO OUR NEGLIGENT PERFORMANCE OR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS, AND YOU WILL LOOK EXCLUSIVELY TO YOUR INSURER(S) TO RECOVER ANY DAMAGES THAT MAY BE SUFFERED.
· THE AMOUNT YOU PAY TO US IS BASED SOLELY ONLY ON THE VALUE OF THE MONITORING SERVICE AND NOT ON THE VALUE OF YOU OR YOUR PREMISES OR ITS CONTENTS, IT IS DIFFICULT TO DETERMINE IN ADVANCE THE VALUE OF ANY PERSONAL INJURY OR DEATH OR THE PROPERTY THAT MIGHT BE LOST, STOLEN OR DESTROYED IF THE TRACKING DEVICE OR THE MONITORING SERVICE FAILS TO OPERATE PROPERLY AND IT IS DIFFICULT TO DETERMINE IN ADVANCE WHAT PORTION, IF ANY, OF ANY PROPERTY LOSS, PERSONAL INJURY OR DEATH WOULD BE PROXIMATELY CAUSED BY OUR OR THE CALL CENTER’S NON-PERFORMANCE AND/OR NEGLIGENCE OR A FAILURE OF THE TRACKING DEVICE.
· YOU SHOULD OBTAIN ANY LIFE, MEDICAL OR DISABILITY INSURANCE FOR THE PROTECTION OF YOURSELF AND OTHERS WHO MAY USE THE TRACKING DEVICE.
· THERE ARE ALTERNATIVES AVAILABLE TO YOU SUCH AS 911 EMERGENCY TELEPHONE SERVICE AND YOU HAVE SELECTED THE TRACKING DEVICE AND THE MONITORING SERVICE WITH A FULL UNDERSTANDING OF ITS LIMITATIONS, AND THE LIMITATION OF LIABILITY SET FORTH IN SECTION 20.
· NEITHER WE NOR THE CALL CENTER ARE AN INSURER OF YOUR PREMISES, PROPERTY OR YOUR PERSONAL SAFETY AND YOU ARE SOLELY RESPONSIBLE FOR PROVIDING ANY LIFE, HEALTH, DISABILITY AND/OR CASUALTY INSURANCE
You hereby represent and warrant that the emergency contact information provided by you to CXSB is accurate. To avoid false alarms, the Call Center will have the right to first call your contact telephone number to determine if an actual emergency exists before contacting any Responder. If the Call Center has reason to believe that no actual emergency exists, the Call Center will have the right to choose to not place a call to or otherwise notify any Responder. You hereby acknowledge and agree that the Call Center will have the right to rely absolutely on your statements as well as those of any Responder or any person acting on your behalf or that of any Responder.
You will: (i) test the Tracking Device in accordance with the instructions provided; (ii) use the Tracking Device carefully, so as to avoid causing false alarms; (iii) use the Tracking Device and the Monitoring Service only in accordance with these Terms and the procedures and specifications provided by CXSB and not use the Tracking Device or the Monitoring Service for any other purpose; (iv) provide us with accurate, complete, and up to date personal information as requested by us in relation to the Tracking Device and/or Monitoring Service, and promptly notify us in writing of any changes thereto; (v) not allow any third party to use the Tracking Device unless approved by CXSB and the Call Center; and (vi) allow us, the Call Center and/or our authorized service representatives access to the Tracking Device in order to inspect the Tracking Device, performance maintenance or repairs to the Tracking Device or remove the Tracking Device after termination or expiration of these Terms.
If CXSB has loaned and/or rented Hardware to you, acknowledge and agree that your possession thereof is pursuant to a bailment, under which you: (i) will hold possession of the Hardware in trust for CXSB; (ii) bear all risk of loss of the Hardware immediately upon your receipt thereof into your control; and (iii) use reasonable care with the Hardware, and have responsibility for damage, destruction, loss and/or theft thereof.
CXSB reserves the right to, at any time, and with or without notice or further obligation to you of any kind whatsoever, to: (i) discontinue the production or distribution of and/or recall any loaned and/or rented Hardware; and (ii) change the design or specifications of such Hardware. In such event, you will immediately cease use of, and promptly return, such Hardware specified by CXSB, in the same manner as set forth in Section 5.
Upon expiration or termination of these Terms for any reason whatsoever, you will immediately cease use of, and promptly return, any loaned and/or rented Hardware specified by CXSB, in the same manner as set forth in Section 5.
You will not: (i) permit any loaned and/or rented Hardware to leave the premises at which you have specified with CXSB that such Hardware will be used; (ii) dispose of or destroy any such Hardware, regardless of damage thereto, or permit the sale, gifting or other transfer thereof; or (ii) allow any lien to attach to any such Hardware.
If any loaned and/or rented Hardware is stolen, lost, damaged beyond the point of usability or destroyed during use, you will promptly notify CXSB in writing thereof, providing details of such event, including an identification of the loaned and/or rented Hardware affected.
If you do not return to CXSB any loaned and/or rented Hardware as required by these Terms, you will pay to CXSB, within five (5) days of The date upon which you were required to return such Hardware, the then-current, retail value of a new and unopened unit of such Hardware.
As between CXSB and you: (i) CXSB will retain all undivided copyrights, patents, trade secrets, trademarks and trade name rights, and all other right, title and interest, in and to the Hardware, including, without limitation, all packaging designs, logos, slogans, advertising materials, promotional materials and all other materials of CXSB; and (ii) you will not have or acquire any right, title or interest therein under any circumstances whatsoever, except as expressly and unambiguously set forth in these Terms.
You will comply with all applicable international, national, state, regional and local laws and regulations in any dealings with respect to loaned and/or rented Hardware, including, without limitation, all applicable United States export control laws and regulations concerning export and re-export of technology and documentation, including, without limitation, the laws and regulations administered by the United States Department of Commerce and the United States Department of State. You will promptly notify CXSB in the event that you know or have reason to believe that any act or refrainment from acting required by or contemplated under these Terms violates any law, rule or regulation (whether criminal or non-criminal) in effect in any geographic territory in which you use loaned and/or rented Hardware.
Terms for NIST Certification: If you are the original purchaser of Hardware manufactured by or for CXSB that you received from CXSB (as opposed to from a third party) and you request our assistance with NIST certification for such Hardware, we will use commercially reasonable efforts to coordinate with an accredited facility the initial NIST certification, provide you the appropriate certificates and documentation supplied by the NIST facility, and coordinate with you with respect to ongoing renewal, recertification or replacement of the NIST-certified Hardware.
CXSB is the exclusive owner of rights and interests in and to the mark Computerxpress® and XenIoT® in Malaysia and abroad. Other trademarks, names, and logos on or available through the Services are the property of CXSB or their respective third-party owners. Unless otherwise specified in these Terms, all technology and intellectual property available or appearing on or through any of the Services, including, without limitation, the Sites, the Mobile Apps, information, software, documents, services, content, site design, text, graphics, logos, images, and icons, are the sole property of CXSB or its licensors. All rights not expressly granted herein are reserved by CXSB.
These Terms continue in effect while you access and use the Services. At any time, CXSB may suspend or terminate your rights to access or use the Services, or terminate these Terms, if CXSB believes that you have used the Services in violation of these Terms. Upon termination of these Terms, your right to use the Services will automatically terminate. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, governing law & jurisdiction and general provisions will survive any termination of these Terms.
· You acknowledge that these Terms are between you and CXSB only, and not with Apple, Inc. (“Apple”) or Google, Inc. (“Google”).
· In using the Mobile Apps you will comply with Apple’s then-current App Store Terms of Service and Google’s then-current Google Play Terms of Service.
· CXSB is solely responsible for the Mobile Apps and the Services. You acknowledge that Apple and Google have no obligation to provide maintenance and/or support services with respect to the Mobile Apps.
· CXSB is solely responsible for addressing any claims by you or any third party relating to the Mobile Apps, including, without limitation: (i) product liability claims; (ii) any claim that the Mobile Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. All such claims are governed solely by these Terms and any applicable laws.
· You will comply with all terms applicable to any third-party product and service that you access when using the Mobile Apps, including, without limitation, Other Software.
· Apple and Google are third-party beneficiaries to these Terms as they relate to your license of the Mobile Apps.
· Apple, the Apple logo, and iPhone are trademarks of Apple, Inc., registered in the U.S. and other countries. App Store is a service mark of Apple, Inc. Android is a trademark of Google, Inc.
· Although the Services are accessible worldwide, they are not available to all persons or in all countries, including, without limitation, persons and countries prohibited by U.S. law. If you are accessing or using the Services from an unsupported country, you do so on your own initiative and you are solely responsible for complying with applicable local laws.