“Terms of Use”
Last updated: September 10, 2023
Thank you for your trust and for using the Altverse App. Please read the following terms and
conditions and use agreement carefully before using the Altverse mobile application.
Altverse Robotics Co., Ltd. (“Altverse,” “we,” or “us”) provides the Altverse mobile
application (“App”) and all associated software, services, extensions, subdomains, and
application programming interfaces related to the App (“Services") for your use to enhance
your interaction with our App, subject to compliance with the stipulations set forth in this
Terms of Use Agreement (“Agreement”). By accessing and using the App and Services, you
agree to the following:
"By clicking the “Accept” button associated with this agreement, or by downloading,
installing, copying, or otherwise using the applications to which this agreement relates, you
agree to be bound by the terms of this agreement. If you do not agree to be bound by the
provisions of this agreement, you may not install, copy, or use, and you must immediately
delete all copies of the application from the device.
Altverse may modify this Agreement without prior notice from time to time. You are advised
to review it regularly to stay informed about any changes. By continuing to use the services
after any changes have been made, you acknowledge your acceptance of such changes."
1.
Scope of the Services
1.1 Services:
The device is a robotic lawnmower. Before using it, please read the User Manual carefully.
We and our affiliated entities are not responsible for injuries or damages resulting from
inexperienced operation or non-compliance with the instructions in the User Manual or
Quick Start Guide. By using the device, you acknowledge your responsibility for its safe use
and commit to thoroughly reviewing the User Manual and Quick Start Guide before
operation.
1.2 Basic Requirements:
By accepting this Agreement, you hereby declare and affirm that:
You (i) are at least 18 years of age, and (ii) possess the full authority and capability
to enter into and fulfill your obligations under this Agreement;
All information you provide for the purpose of account registration is truthful and
complete to the best of your knowledge;
You will adhere to the terms and conditions of this Agreement, as well as any other
related agreements applicable to your use of our App or its constituent parts;
If applicable, you have provided us with and will maintain, accurate and complete
details, including but not limited to your legal name,
email address, mobile
number, and any other data that we may reasonably require;
Your access to and use of our App, or any of its components, will not violate any
other contract, agreement, terms of use, or applicable law or regulation to which
you are bound;
You acknowledge and consent to the following: (i) your responsibility to safeguard
and maintain the confidentiality of your account username, password, and other
login or registration details linked to your App account, and (ii) your obligation to
promptly notify us if you become aware of or suspect any unauthorized disclosure or
accessibility of your contact information or other account-related login or
registration information;
You pledge to adhere to all instructions outlined in the User Manual and the Quick
Start Guide whenever you use the Device.
1.3 Connectivity and Availability:
a. Internet and Wireless Connectivity: The device may require an internet connection or data
plan from a third-party provider for the use of certain features. In such cases, your
agreement with your mobile network provider (“Mobile Provider”) will continue to apply
when accessing or using the Services on your mobile device (“Mobile Device”). You may be
asked to activate Bluetooth on your mobile device to use specific parts of the App. You
acknowledge that your Mobile Provider may charge you for your use of its network while
accessing or using the Services, including data downloads, email, text messages, roaming,
and other charges imposed by the Mobile Provider or third parties. YOU ARE SOLELY
RESPONSIBLE FOR SUCH FEES AND CHARGES. You shall not:
(1) Install, use, or allow the Technology to exist simultaneously on more than one Mobile
Device or on any other Mobile Device or computer, except through separate downloads of
the App, each subject to an individual license; (2) Distribute or establish links to the
Technology across multiple Mobile Devices or other services; or
(3) Make the Technology available over a network or other environment that allows access
or use by multiple Mobile Devices or users at the same time. The term “Technology”
includes our App, our information databases, the designs associated with each of the
foregoing, all underlying software and information, algorithms, methodologies, institutional
knowledge, all materials related to the Services, all data transmitted to you via the Services,
and all derived Intellectual Property Rights, along with any other proprietary technology
used within our App.
b. Availability: Certain Services may be unavailable, subject to variations (based on the
device or geographical location, for example), offered for a limited time, or require separate
subscriptions. You acknowledge that the Services are delivered over the internet and mobile
networks and therefore, the quality and availability of the Services may be affected by
factors beyond our control. For example, if the Device requires wireless data services and is
located in an area where such services are not available, you may not be able to access some
or all of the Services or other functionalities of the Device. We are not responsible for the
unavailability of wireless data services or any resulting loss of Services. We do not guarantee
that the Services will be compatible with your Mobile Provider’s service plans, any particular
mobile device, or any other hardware, software, equipment, or device you use in
conjunction with your Mobile Device.
1.4 Information Received, Backup, and Restore:
The App will provide us with data about the use of the Device and its interaction with the
Services. Information sent to us may be processed in the cloud to enhance your user
experience and improve our products and services. Additionally, this data may be stored on
servers located outside the country where you reside. We collect, store, and use personal
information obtained from you in accordance with our Altverse App Privacy Notice, which is
incorporated into this Agreement by reference.
The Device may include a feature that allows for the backup of certain data from your device
to the cloud, including account settings, notes, wireless configurations, history, and
communications. This backup enables the potential restoration of said data onto the Device
at a later time.
1.5 Intellectual Property:
Unless otherwise specifically stated, the contents (including but not limited to web pages,
texts, images, audio, video, graphics, music, sounds, and other materials and information
(collectively referred to as “Content”) are protected by copyrights, patents, trademarks, and
other intellectual property laws. Altverse retains exclusive ownership of all rights, titles, and
interests in and to all Contents.
1.6 License Granted to Customer:
Subject to your compliance with all obligations outlined in this Agreement, Altverse: (a)
Grants you a limited, revocable, non-exclusive, non-transferable license to use and access
the App on one or more compatible device(s) that you own or legitimately control;
(b) Allows the use of Technology to obtain Services as requested through our App;
© Authorizes the use of the App for viewing Content available on the App;
(d) Permits data input and information submission through the App.
All use of the App and Services is subject to compliance with this Agreement. Any use of the
App or Services beyond the scope of this license is strictly prohibited and constitutes a
breach of this Agreement, which may result in the immediate termination of your right to
access and use the Services and App.
You are not acquiring any rights in or to the Technology, except for a non-exclusive right to
access and use our App exclusively in accordance with the terms of this Agreement.
“Intellectual Property Rights” refers to all registered and unregistered rights, granted,
applied for, or existing under or related to any patent (including all reissues, divisions,
continuations, and extensions thereof), copyright, trade name, trademark, service mark,
logo, trade dress, trade secret, mask work, rights in technology, know-how, rights in content
(including performance and synchronization rights), database protection, or other
intellectual property rights protected under the laws of any governmental authority with
jurisdiction.
1.7 Modification:
We reserve the right to discontinue or modify any aspect of our App, change the user
experience, introduce new user functionalities and applications, restrict the availability
duration of our App, and limit the extent of its use at our sole discretion, without prior
notice or liability to you. We may also implement bug fixes, updates, patches, and other
enhancements to our App without prior notice or liability to you. Your sole recourse in the
event that you do not wish to use or be subjected to a modification we implement for our
App is to stop using it.
1.8 Termination of Access:
Your access to our App is provided on a temporary basis with no guarantee of
future availability. You agree to the possibility of our immediate suspension or
termination of your access to our App or any part thereof. Reasons for such
actions may include, but are not limited to:
(a) Breach or violation of this Agreement or other incorporated agreements
or guidelines;
(b) Changes or significant modifications to our operations;
(c) Unexpected technical or security issues or problems;
(d) Extended periods of inactivity; or
(e) Your engagement in fraudulent or illegal activities. You further agree that
such actions may be taken at our sole discretion and without liability to you
or any third party.
1.9 Links and Third-Party Materials:
Our App may include materials owned or licensed by third parties, along with open-source
software, and links to websites owned by third parties, collectively referred to as
“Third-Party Materials.” Altverse makes commercially reasonable efforts to keep the
Third-Party Materials available through our App but disclaims any liability or obligation to
you regarding your right to use such Third-Party Materials. Therefore, you acknowledge and
agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss
allegedly caused by, related to, or resulting from your reliance on or use of any Third-Party
Materials available on or through our App. To be clear, any Third-Party Materials are
provided strictly “as is,” without any warranty, to the extent permitted by applicable law.
We strongly recommend that you review any specific terms of use and privacy policies that
govern the use of Third-Party Materials where available.
1.10 Usage Restrictions:
You are expressly prohibited from engaging in any of the following activities, either directly
or indirectly:
Licensing, sublicensing, selling, reselling, transferring, assigning, distributing, or
otherwise commercially exploiting our App or Services, or making them available to
any third party in any way;
Transferring, assigning, sharing access to, or making available your App account to
any other individual or entity, including but not limited to the disclosure of your
account’s username and password;
Using the Services or App in a way that misappropriates trade secrets or infringes
upon copyrights, trademarks, patents, rights of publicity, or any other proprietary
rights of any party;
Copying, altering, disassembling, reverse engineering, decrypting, framing, or
translating any part of the Services or App, or attempting to access, decompile,
reverse engineer, or otherwise extract the source code, algorithms, structure, or
concepts upon which the Services and App are based, or attempting to copy, modify,
delete, or alter any content or functionality within the Services and App;
Using our App, Technology, or Content to develop a competing service or product
or to gain competitive intelligence about us, our App, our Services, or any product or
service offered by Altverse or our affiliates;
Employing any device, software, malicious code, or destructive routine designed to
disrupt or impede the proper operation of our App, servers, or networks connected
to our App, or engaging in any activity that interferes with another person’s use of
our App or Services;
Introducing any viruses, rogue programs, Trojan horses, worms, or other malicious
or intentionally destructive code, software routines, or equipment components
designed to gain unauthorized access to the Services and App and disable them. You
are also prohibited from introducing back doors and time bombs into the system.
Using our App and Services for unlawful purposes;
Developing software capable of launching from our App;
Deleting content from our App;
Accessing Altverse computer systems apart from our App;
Accessing other people’s information;
Encouraging illegal activities,or posting, uploading, or transmitting anything
obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or
embarrassing to any other person or entity;
Assuming someone else’s identity;
Using our Services in a way that contravenes this Agreement.
2. DISCLAIMERS
2.1 General Disclaimer:
YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK. Our App is provided “as is” and as
available, and is your sole responsibility. We expressly disclaim all warranties, whether
express or implied, including but not limited to implied warranties of merchantability, fitness
for a particular purpose, title, and non-infringement. Specifically, we do not guarantee that
our App will meet your requirements, that its use will be uninterrupted, timely, secure, or
error-free, that any defects in its operation or functionality, as well as any content or
information available through our App, will be accurate or reliable, that defects in the
operation or functionality of our App will be corrected, or that it will be free from viruses.
Furthermore, we do not guarantee that the quality of information, content, or other
materials obtained through our App will meet your expectations. Some jurisdictions may not
allow the exclusion of certain warranties; therefore, some of the above limitations may not
apply to you.
2.2 System Unavailability and Errors:
There may be times when the Services and App are unavailable due to technical errors,
network interruptions, maintenance, or support activities. We do not represent, warrant, or
guarantee the continuous availability of the Services and App or their complete immunity
from human or technological errors.
The Services and App may contain typographical errors, inaccuracies, or omissions, and
certain information may be incomplete or outdated. We expressly reserve the right to
correct any errors, inaccuracies, or omissions and to change or update information without
prior notice. We do not make any representation or warranty regarding errors, omissions,
delays, or deficiencies in the Services or App or in any information delivered through them.
We also do not guarantee that files available via the Services or App are free of viruses,
worms, Trojan horses, or other code with contaminating or destructive properties.
2.3 Compatibility:
You are responsible for providing the necessary equipment and internet connections to
access the Services and App at your own expense. We do not warrant that the Services and
App will be compatible with your computer, tablet, mobile device, network, installed
software, internet or mobile carrier service plans, or any particular hardware, software,
equipment, or device you use with your computer.
3.INDEMNIFICATION; LIMITATION OF LIABILITY
3.1 Limitation of Liability:
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL ALTVERSE OR ITS
AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE,
EXEMPLARY OR INCIDENTAL LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION
WITH THE USE OF, OR INABILITY TO USE THE SERVICES OR OUT OF OR IN CONNECTION WITH
THIS AGREEMENT, EVEN IF ALTVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ADDITION TO THE TERMS SET FORTH HEREIN, IN NO EVENT SHALL ALTVERSE
BE LIABLE FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN THE
SERVICES. THE SAME SHALL APPLY AND SHALL INCLUDE PERSONAL LIABILITY OF ITS AND
ALTVERSE`S EMPLOYEES, REPRESENTATIVES AND OTHER GRANTS.
3.2 Indemnification:
You shall indemnify, defend and hold harmless Altverse and our affiliated entities, partners,
directors, managers, equity holders, employees, and agents against any and all claims,
liabilities, damages, losses, demands, fees, costs, or expenses, including attorney’s fees and
expenses, arising in connection with or as a result of:
(a) your use of our App or Services;
(b) your violation of this Agreement;
(c) your infringement of any law or the rights of any third party; and
(d) your acts of negligence or willful misconduct.
3.3 Term, Termination, and Suspension:
This Agreement shall remain in force until either your discontinuation of the use of the App
or Services or the termination of this Agreement as outlined herein. Altverse reserves the
right to terminate or suspend this Agreement, along with your license to access and use the
Services and App, through written notice under the following circumstances:
(a) in the event of your breach of any provisions within this Agreement; or
(b) in the event of your violation of any Intellectual Property Rights held by Altverse, our
affiliates, or third-party licensors. Upon termination or expiration of this Agreement for any
reason, your licenses shall promptly and automatically terminate obliging you to cease
accessing and using the App and Services. All provisions of this Agreement that reasonably
should survive following its termination will do so. For example, obligations concerning
confidentiality shall persist beyond the termination of this Agreement. Termination of this
Agreement does not constitute Altverse’s exclusive recourse as all other remedies will
remain available to Altverse. You hereby acknowledge that Altverse may without incurring
liability suspend your access to the App and Services through written notice to you in the
following scenarios: (i) if we have a reasonable belief that the App or Services are being used
in violation of this Agreement; (ii) if you fail to cooperate with our reasonable investigation
of any suspected violation of this Agreement; (iii) in the event of an occurrence for which we
reasonably believe that suspending access to the App or Services is necessary to protect the
network other customers Altverse or our affiliates; or (iv) if required by law.
4.DISPUTE RESOLUTION AND GOVERNING LAW
4.1 Governing Law:
The conclusion, entry into force, performance, interpretation, and dispute
resolution of this Agreement shall be governed by the laws of the country
where the Altverse services are provided to you.
4.2 Dispute Resolution:
To the extent practicable, both parties aim to resolve any dispute, claim, or controversy
arising from or related to your use of or access to our App or Services, this Agreement, or
any breach, termination, enforcement, interpretation, or validity thereof (referred to as a
“Dispute”) through good faith discussions and negotiations with each other. The parties
commit to attempting resolution of any Disputes by engaging in negotiation via phone,
electronic correspondence, or written communication. If, despite making a genuine effort,
we fail to resolve any Dispute, you and Altverse agree to settle such Dispute through
confidential binding arbitration as set forth below.
4.3 Binding Arbitration:
If informal negotiations do not resolve a Dispute between you and Altverse, either party may
opt to have the Dispute (except those expressly excluded below) ultimately and exclusively
resolved through binding arbitration. The election to arbitrate by one party shall be final and
binding on the other party. The arbitration process shall be initiated and conducted in
accordance with the Commercial Arbitration Rules (the “AAA Rules”) of the American
Arbitration Association (the “AAA”) and, as applicable, the AAA’s Supplementary Procedures
for Consumer-Related Disputes (the “AAA Consumer Rules”), both accessible through the
AAA’s website at www.adr.org. The determination of whether a Dispute is subject to
arbitration shall be governed by the Federal Arbitration Act and decided by a court rather
than an arbitrator. The fees for arbitration and the allocation of arbitrator compensation
shall be governed by the AAA Rules and, where applicable, restricted by the AAA Consumer
Rules. Arbitration may be conducted in person, through document submissions, via
telephone, or online. The arbitrator’s decision shall be rendered in writing, though a
statement of reasons need not be provided unless requested by a party. The arbitrator must
adhere to applicable law, and any award may be subject to challenge if the arbitrator fails to
do so. With the exception of provisions within this Agreement, you and Altverse may resort
to litigation in court to compel arbitration, suspend proceedings pending arbitration, or
confirm, modify, vacate, or enter judgment on an arbitrator’s award.
4.4 Waiver of Rights:
By agreeing to binding arbitration as outlined in this Section, you hereby acknowledge and
understand the implications, including the forfeiture of any constitutional rights to have the
Dispute resolved in a court of law or before a jury and any entitlement to a trial de novo in
court following nonbinding arbitration of a dispute concerning fees or costs. It is
acknowledged that the scope of information discovery in arbitration may be limited, and
that the arbitration decision will be conclusive and binding except insofar as judicial review
may be available. ALL CLAIMS AND DISPUTES WITHIN THE PURVIEW OF THIS AGREEMENT
MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND MAY NOT BE BROUGHT
AS PART OF A CLASS ACTION. CLAIMS BROUGHT BY MORE THAN ONE CLIENT OR
REGISTERED USER CANNOT BE ARBITRATED OR LITIGATED TOGETHER OR CONSOLIDATED
WITH THE CLAIMS OF ANY OTHER CLIENT OR REGISTERED USER.
5.MISCELLANEOUS
5.1 Assignment:
You are prohibited from assigning, transferring, or selling your rights and obligations under
this Agreement, whether voluntarily or by operation of law, without our prior written
consent. Any purported assignment without our consent shall be null and void and
considered a violation of this Agreement. We retain the right to assign this Agreement or
delegate/subcontract our obligations under it at any time.
5.2 Entire Agreement:
This Agreement constitutes the entire agreement between you as the user and Altverse as
the app provider regarding the use of our App, superseding all prior oral or written
agreements on the same subject. The fact that we may not enforce a particular provision of
this Agreement does not relinquish our right to enforce it or any other provisions at any time.
If a term or provision of this Agreement is found to be invalid, illegal, or unenforceable
under applicable law, the remaining terms and provisions of this Agreement shall remain in
full force and effect. We reserve the right to amend and renew this Agreement periodically
and will publish the updated Agreement on our App. UNLESS OTHERWISE SPECIFIED IN THE
REVISED AGREEMENT, ANY MODIFICATIONS TO THIS AGREEMENT WILL TAKE IMMEDIATE
EFFECT UPON POSTING. While we are not obligated to notify you of changes, they will not
apply retroactively to prior events. Your continued use of our App constitutes your consent
to any new terms included in the revised Agreement.
5.3 Survival of Provisions:
Provisions within this Agreement designed to endure beyond its expiration or termination,
including but not limited to those governing intellectual property ownership and usage,
disclaimers, liability, indemnification, applicable law, jurisdiction, venue, remedies,
post-termination rights, and interpretation, shall remain in full force and effect for their
entire statutory duration following the termination or expiration of this Agreement.
5.4 Force Majeure Events:
Neither party shall be held liable for any inadequate or delayed performance under this
Agreement resulting from conditions beyond their reasonable control, including but not
limited to natural disasters, acts of war or terrorism, riots, labor conditions, governmental
actions, and disruptions in Internet services.
5.5 Electronically Conducted Business:
Both parties acknowledge and consent to the use of electronic records and electronic
signatures for the execution, delivery, and communication of this Agreement, as well as any
related agreements, notices, disclosures, or documents. These electronic records and
signatures are integral to our mutual obligations and rights under this Agreement. Neither
party shall hinder or impede the other party’s ability to print, save, or securely store
electronic records exchanged between them. You expressly agree not to challenge the
validity, authorization, or enforceability of electronic records and electronic signatures,
including the admissibility of their copies under any relevant law pertaining to written
agreements or signatures. You are responsible for any costs associated with conducting
electronic transactions and must take all necessary steps including software hardware and
equipment upgrades to enable electronic business transactions.
Contact us: For more support with the Altverse Device, the Services, App, or resolving other
issues please feel free to contact us.
Altverse Robotics Co., Ltd.
Add:
Tel:
Technical Support Email: xxx@altversebot.com