Terms of Use
Last updated: December 5, 2022
1. Legally Binding Agreement; Amendments
The mobile application PHOENIX (the "App") and content available via the App ("Content") are distributed by Cloudview Technology Limited ("we" "us" "our" or the "Company"). The App together with the Content, tools and other services available by using the App, are collectively referred to as the "Service" or "PHOENIX".
These Terms of Use ("Terms") are an agreement between You as a user ("User") of the Service and us. Please read these Terms carefully before using the Service.
Your access to and use of the Service is subject to your agreement and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THESE TERMS, INCLUDING PHOENIX PRIVACY POLICY. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OR YOU ARE INELIGIBLE FOR USE OF THE SERVICE FOR ANY OF THE REASONS DESCRIBED IN THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE THE USE IMMEDIATELY.
WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MAKE CHANGES OR MODIFICATIONS TO THESE TERMS AT ANY TIME AND FOR ANY REASON. WE WILL ALERT YOU ABOUT ANY CHANGES BY UPDATING THE "LAST UPDATED" DATE OF THESE TERMS AND YOU WAIVE ANY RIGHT TO RECEIVE SPECIFIC NOTICE OF EACH SUCH CHANGE.
It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Service after the date such revised Terms are posted.
2. Use of Service
To use the Service, you shall be able to form legally binding contracts. We do not intended for use by any children.
By agreeing to these Terms, you represent and warrant to us that you have not previously been suspended or removed from the Service, and your registration and your use of the Service is in compliance with all applicable laws and regulations.
You use the Service at your own risk and responsibility and you are solely and exclusively responsible for the use of the Service. We will not be liable for any of your actions done using the Service.
The Service may be modified, updated, interrupted or suspended at any time without notice or liability to you.
3. Accounts and Registration
You can access and use the Service without registration.
4. User Representations
By using the Service, you represent and warrant that:
· you have the proper legal capacity and you agree to comply with these Terms;
· you will not access the Service through automated or non-human means, whether through a bot, script or otherwise;
· you will not use the Service for any illegal or unauthorized purpose;
· you are not subject to sanctions imposed by the United Nations Security Council, the United States of America, the United Kingdom, the European Union, and/or the country of your citizenship or nationality and you are not located in a country that is subject to any such sanctions or in a country or territory that has been designated as a terrorist supporting country by the United Nations, the United States of America, the United Kingdom and/or the European Union; and
· your use of the Service will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Service (or any portion thereof).
5. Prohibited Activities
You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a User of the Service, you agree not to:
· systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory of such data or other content without our written permission;
· make any unauthorized use of the Service;
· violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
· make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;
· use the Service for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
· make the Service available over a network or other environment permitting access or use by multiple devices or users at the same time;
· use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Service;
· use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Service;
· circumvent, disable, or otherwise interfere with security-related features of the Service;
· engage in unauthorized framing of or linking to the Service;
· interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;
· decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;
· attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service;
· upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
· use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software;
· use the Service to send automated queries to any website or to send any unsolicited commercial e-mail;
· exploit children in any way, including in audio, video, photography and any other digital content;
· promote information and/or conduct that is objectionable and abusive and any other kinds of information and conduct that is prohibited under these Terms;
· disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;
· use the Service in a manner inconsistent with any applicable laws or regulations; or
· otherwise infringe these Terms.
6. Proprietary Rights and License to You
Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, visual interfaces, designs, audio, video, text, photographs, and graphics at the Service as well as all User Content (collectively, "Content"), and the trademarks, service marks, and logos contained therein ("Marks") are owned or controlled by us or licensed to us, and are protected by law. The Content, the Marks and the Service are provided at the Service "AS IS" for your information and personal use only.
Except as expressly provided in these Terms, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, publicly performed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Service and subject to your full compliance with the Terms, we grant you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license solely for your personal, non-commercial use to install or access and use the Service on wireless electronic devices owned or controlled by you, and to access and use the Service on such devices strictly in accordance with these Terms.
The license granted to you for the Service is limited to a license to use the Website or the application on a mobile device that utilizes the iOS operating system and in accordance with the usage rules set forth in the applicable App Store terms of service.
Subject to your full compliance with the Terms and to the extent we are lawfully able to grant such rights, we grant you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to access the User Content solely for your personal, non-commercial use.
For the avoidance of doubt, the Terms do not transfer from us to you any of our, or any third party’s intellectual property rights to the User Content, and all right, title and interest in and to the Works will remain vested with the applicable owner.
7. User Disputes
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Service and all of its subsidiaries, affiliates, officers, agents, and other partners and employees, from and against any loss, liability, claim, or demand, including reasonable attorney's fees and costs, made by any third party resulting from or in any way connected with or related to your use of the Service in violation of this Agreement and/or your breach of this Agreement and/or any of your representations and warranties set forth above. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with, and fully indemnify, us in connection therewith.
8. Non-commercial use by Users
The Service is for personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not use the Service for any purpose.
9. User Data
We care about data privacy and security. Please review our Privacy Policy. It contains information that you should review prior to using the Service.
By using the Service, you agree to be bound by the Privacy Policy, which is incorporated into these Terms by reference.
10. Term and Termination
These Terms shall remain in full force and effect while you use the Service.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT OR ANY OTHER PROVISION CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICE WITHOUT WARNING, IN OUR SOLE DISCRETION.
In addition, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
11. Third-Party Links and Websites
We may provide you with access to third-party links and websites over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such third-party links and access to third-party websites “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party links or websites.
Any use by you of third-party links or websites offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the third-party links and websites are provided by the relevant third-party provider(s).
12. Modifications and Interruptions
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify, temporarily or permanently, the Service (or any part thereof) at our sole discretion at any time or for any reason without notice to you.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service.
Nothing in these Terms will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.
13. GOVERNING LAW AND DISPUTE RESOLUTION
Except to the extent that the applicable laws and regulations of your jurisdiction mandate otherwise (for example, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court)):
these Terms and any dispute or claim arising out of or in connection with these Terms will be governed by the law of HONGKONG; and
any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. There will be one arbitrator only. The arbitration proceedings will be conducted in English.
14. Entire Agreement
This Agreement and all other provisions referenced herein contains the entire agreement between you and us regarding the use of the Service. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect.
All policies, which may be adopted or introduced by us from time to time, including but not limited to Privacy Policy constitute an integral part of this Agreement are incorporated into this Agreement by reference.
15. Corrections
There may be information at the Service that contains typographical errors, inaccuracies, or omissions that may relate to the Service, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at the Service at any time, without prior notice.
16. DISCLAIMER
THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS WE USE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
17. LIMITATION OF LIABILITIES
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $500.
18. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, contractors and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Service; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
19. Electronic Communications, Transactions, and Signatures
Using the Service, sending us emails, completing online forms and using any other form of communication via the Service constitute electronic communications, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and at the Service, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE.
You further acknowledge and agree that by clicking on a button labeled “SUBMIT”, “I ACCEPT”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
20. Miscellaneous
These Terms and any policies or operating rules posted by us at the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Service.
You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
21. Force Majeure
We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay our performance.
22. Contact Details
Cloudview Technology Limited
Contact email: verizontal.phx@gmail.com