Typhur Privacy Statement
Effective Date: [Jun 01, 2022]
At Typhur Inc. (“Typhur,” “we,” or “us”), we value your privacy and want you to understand how we collect, use, and disclose your information. This Privacy Statement applies to information we collect from and about users of our website at www.typhur.com (the “Website”) and/or our smart kitchen appliances such as for sous vide cooking (“Connected Product”) and its associated mobile application (the “Mobile App”). This Privacy Statement does not apply to information we collect about job applicants or employees.
1. What Types of Information Do We Collect?
We collect various types of information about users of the Website, Connected Product, and Mobile App (collectively, the “Services”), such as the following:
- Contact details, such as email address, mailing address, shipping address, and/or telephone number.
- User name and log-in credentials, if you create an account with us: You may have the option of using your account with certain third-party platforms (such as Facebook, Google, or Apple) to log into the Services. If you choose this option, we may receive your email address, unique identifier from the third-party platform, and user name
- Payment details, such as payment card number or other payment methods, if you purchase a product from us.
- IP address (we also may derive your approximate location from your IP address).
- Profile photo, if you choose to provide one.
- Connected Product settings, such as temperature unit, weight unit, and length unit selected for your Connected Product, as well as any recipe presets that you have configured for your Connected Product.
- Recipe details, such as records of your recipe browsing history and recipe collection within the Services, and recipes you have pushed to your Connected Product.
- Connected Product operational state, such as whether your device is in use.
- Connected Product usage data, such as date and time records of usage of your Connected Product, including cooking history using the Connected Product; and associated performance data (such as crash data).
- Clickstream data, records of activities performed on our Website or through the Mobile
- App, and associated performance data.
- Device details about the computer or mobile device(s) you use to access our Services, such as device model, operating system, browser type, language settings, and internet service provider.
- Records of communications with you, such as receiving and responding to your online questions or product feedback.
- Demographic characteristics, such as interests, age range, and gender.
- We collect these types of information when you use our Services, such as when you visit our Website, purchase or register a Connected Product, or download our Mobile App. The Connected Product collects and records Connected Product data, Connected Product operational state, and Connected Product usage data, each as described above, on an ongoing basis whether or not the Connected Product is connected to the internet or in active use. This data (including any data collected while the Connected Product has been offline) is automatically transmitted to our servers if you connect the Connected Product to the internet.
2. How Do We Use Your Information?
We collect and use your information for a number of business purposes, such as:
To provide you with the Services and fulfill your requests:
- such as to maintain and operate the Services, respond to your inquiries, and fulfill your purchases and other requests; support your Connected Product; diagnose, repair, and track service and quality issues; communicate with you about your Connected Product or other Services; authenticate users of our Services; and send administrative information to you, such as changes to our terms, conditions, and policies. This processing is based on the performance of your contract. If you choose not to provide certain data, the quality and functionalities of the Services we provide to you may be impacted.
- such as to improve the Services. This processing is based on our legitimate interests.
- such as to install and configure changes and updates to the Services. This processing is based on the protection of your or another person’s vital interests.
To provide you with a personalized experience:
- such as to understand your interests and preferences in order to personalize our interactions with you. This processing is based on our legitimate interests.
- such as to provide you with content and offers tailored to your interests. This processing is based on your consent, if you are located in the EU.
For our own internal business purposes, such as to improve our smart appliances and design new products and services; evaluate the usage and performance of our Services; analyze usage trends; and generate de-identified or aggregated data, which we may use and disclose for any purpose. This processing is based on our legitimate interests.
For legal, safety or security reasons:
- such as to comply with legal requirements. This processing is based on compliance with a legal obligation.
- such as to protect the safety, property or rights of Typhur, customers, or others; and prevent and detect fraud or misuse of the Services. This processing is based on protection of your or another person’s vital interests.
For marketing, such as to send you marketing-related emails, consistent with your choices. This processing is based on your consent, if we do not provide Services to you and if you are located in the EU.
Where the processing activity is based on your consent, you have the right to withdraw your consent at any time. The revocation of your consent will however not affect the lawfulness of any processing based on your consent before its withdrawal.
Where the processing activity is based on our legitimate interests, the interests we pursue are to facilitate and enable us to fulfil our internal business purposes, to improve, modify and market our products and services and to enhance user experience.
3. With Whom Do We Share Your Information?
We may share your information as necessary or appropriate, in particular when we have a legal obligation or legitimate interest to do so:
- With third-party service providers working on our behalf, to facilitate services they provide to us. These can include providers of services such as website hosting, data analysis, payment processing, order fulfillment, fraud prevention, information technology, customer service, marketing delivery, and other services.
- With government authorities, law enforcement, or other third parties for legal, security or safety purposes, such as to comply with legal requirements; to enforce or apply our terms of service and other agreements; and to protect our rights and the property or safety of our users or third parties.
- With a third party in connection with a sale of business or assets, in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
- With our affiliates, such as Shenzhen Typhur Technology Co., Ltd.
Additionally, the Services may provide functionality that allows you to post a user profile and content that will be viewable to others, such as recipes and comments. Please note that any information you post or disclose through these areas of the Services will become public and may be available to other users and the general public. Please exercise caution when disclosing personal information in these public areas of the Services.
4. Your Choices
We offer you a number of choices with respect to our processing of your information:
- To opt-out of receiving promotional email messages from us, please click on the “Unsubscribe” link contained at the bottom of each email. Opting out of promotional email will not affect our ability to send you administrative or transactional messages.
- To update the personal information you have provided to us, or to exercise rights with respect to your personal information under applicable laws, please contact us in accordance with the “Contact Us” section below. Depending on applicable laws, you may request to access, correct, or delete your personal information; to receive a copy of your personal information for purposes of transmitting it to another company; and/or to restrict, object to or opt out of certain processing of personal information; and/or make use of your right of data portability. We will respond to your request consistent with applicable law.
- To prevent our collection of data from your Connected Product as described above, you should not connect your Connected Product to the internet. Please note that if you do not connect your Connected Product to the internet, you will not be able to use the connected features such as pushing recipes to the Connected Product, but you will still be able to use it offline by entering the cooking commands manually.
- To delete data on the Connected Product, such as prior to giving it to a new owner, you may reset the Connected Product to factory settings by using the instructions in the user manual. Similarly, if you have received a Connected Product from someone else, you may use this process to terminate any prior user’s ongoing access to the Connected Product.
5. Third-Party Advertising
We use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Services and other websites or online services.
6. Cookies and Other Tracking Technologies
Our Website also collects information via cookies, web beacons, pixels, tags or other tracking technologies, such as your IP address, the date and time you access our Services, the pages you have accessed while visiting the Website, and the Internet address from which you accessed the Website. Some cookies exist only during a single session, and some are persistent over multiple sessions over time. We use these technologies to remember user preferences, maximize the performance of our Website and Services, provide you with offers that may be of interest to you, measure the effectiveness of our email campaigns and to personalize online content.
You may refuse or delete cookies. If you refuse or delete cookies, some of our website functionality may be impaired. Please refer to your browser’s settings to learn more about how to manage cookies and the use of other tracking technologies. We do not currently respond to browser do-not-track signals.
8. Retention Period
We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.
The criteria used to determine our retention periods include:
- The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services);
- Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
- Whether retention is necessary in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
9. Use of Services by Minors
The Services are not directed to individuals under the age of 16 and we do not knowingly collect personal information from individuals under the age of 16.
10. Third-Party Services
This Privacy Statement does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.
In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM, or any other app developer, app provider, social media platform provider, operating system provider, or wireless service provider.
We seek to use reasonable organizational, technical, and organizational measures to protect personal information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your account or interaction with us is no longer secure, please contact us immediately in accordance with the “Contact Us” section below.
12. Cross-Border Data Transfers
Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you understand that your information will be transferred to countries outside of your country of residence, including the United States and China, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.
ADDITIONAL INFORMATION REGARDING THE EU: Your information may be transferred to a country outside of the EU that is not recognized by the European Commission as providing an adequate level of data protection according to EU standards (the full list of these countries is available here: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en). For transfers from the EU to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission to protect your Personal Information. You may obtain a copy of these measures by Contact Us in accordance with the “Contact Us” section below.
13. Changes to this Privacy Statement
From time to time, we may update this Privacy Statement by updating this page and by displaying the effective date of the last update at the top of the page. We encourage you periodically to check this page to learn about the information we collect, use, and share.
14. Contact Us
Typhur Inc., located at 2890 Zanker Road #120, San Jose, CA 95134, is the entity responsible for the collection, use, and disclosure of information under this Privacy Statement. If you have any questions about this Privacy Statement or our privacy practices, please contact us at [email@example.com].
ADDITIONAL INFORMATION REGARDING THE EU
You have the right to lodge a complaint with a supervisory authority for your country or region where you have your habitual residence or place of work or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.
Typhur Terms of Service
Last updated: [Jun 01, 2022]
1. General Terms
1.1 Typhur Inc. and their affiliates (“Typhur”, “We” or “Us”) welcome You (“User(s)” or “You”) to our Services (as defined below).
1.2 This Typhur User Agreement (this “Agreement”) is entered into by and between You and Typhur. This Agreement and the Typhur Privacy Statement (the “Privacy Statement”) sets out all the information necessary for Users to use various services, technologies, and functions provided by Typhur through our websites, mobile applications and/ or other related software (collectively, the “Services”). The mobile applications or other related software are provided exclusively and solely in relation to the Services by Typhur (collectively, the “Software”). This Agreement and the Privacy Statement contains the whole agreement between You and Typhur in relation to the Services; any other advice or information, oral or written, obtained in relation to the use of the Services shall not be binding upon Typhur without Typhur’s written consent.
1.3 Any reference to applicable laws, rules or regulations means a reference to the laws, rules or regulations that are enacted and in force in the territory, province and/ or country in which the User resides in while using the Services.
2. Purpose of this Agreement
2.1 This Agreement includes the terms and conditions applicable to You regarding your use of, and access to, the Services. This Agreement tells You who We are, how We will provide the Services to You and what activities are permitted or not permitted by or in connection with the Services. Please carefully read and fully understand this Agreement, especially any clauses about exclusion or limitation of liability, governing laws, dispute resolution, and other important terms written in bold to draw your attention.
2.2 Once You use the Services with or without a Typhur Account, or agree to this Agreement by clicking the checkbox when you register for your Typhur Account or sign in to your Typhur Account, it is deemed that You and Typhur have entered into a binding legal contract, and You and Typhur shall perform obligations respectively in accordance with this Agreement. If You do not agree to this Agreement, You may not be able to access or use the Services or register your Typhur Account.
3. Legal Requirements
3.1 You explicitly declare and undertake that You have sufficient legal rights, competent civil capacity, and authorization (if applicable) to sign and fulfill this Agreement. Your signing and fulfillment of this Agreement will not cause conflicts with or breach of any other agreement or arrangement that You are involved with.
3.2 No one under legal age (according to the applicable law in your province/ territory/ country) is permitted to use these services without following the requirements as prescribed hereunder. If You are under the applicable legal age, please make sure to read this Agreement with your parents or legal guardians. As a parent or legal guardian, please ensure that they have clearly reviewed and discussed the contents of this Agreement with the User before the User uses these Services. In particular, if You are a child or a minor (according to the applicable law in your province/ territory/ country), please obtain the prior consent and guidance of your parents or legal guardians before You use the Services, and/ or provide any information to Us with the prior consent and guidance of your parents or legal guardians. In particular, if You are under the age of 16, please do not use the Services, since the Services are not directed to individuals under the age of 16. In addition, We advise parents or legal guardians to exercise reasonable care, supervision, and guidance over their children's use of the Services.
3.3 By agreeing to this Agreement, You warrant to Us that You have (i) reached the applicable legal age, or (ii) if You are under the applicable legal age, You have obtained permission from your parents or legal guardians to use the Services (for the avoidance of any doubt, You may access to the Services only if you are above 16 years old).
3.4 To use the Services, You must have one or more devices that are compatible with the Services and ensure that You have connected to the network. You are responsible for all telephone charges incurred in using the Services. You also are responsible for charges by any Access Service Provider providing connection to the Internet.
4. Use of Services
4.1 We grant You a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Services, subject to, and in accordance with, this Agreement. The license granted to use the Services is restricted to non-commercial purposes only and You may only use the Services for commercial purposes with Typhur’s prior written consent. Users shall download and install the Software from the website of Typhur, App store, Google Play Store or in any other manner as designated by Typhur. You are not permitted to access and download the Software from any unauthorized sources.
4.2 You may apply to subscribe to the Services after reading and accepting this Agreement and the Privacy Statement, which may be, depending on the approach of your application, followed by an email verification process. Upon successful verification and/ or our acceptance of your application, You will be granted a Typhur Service Account (“Typhur Account”). We may require You to verify your real name when You log in for the first time or during your use of the Services.
4.3 Users shall only download the Software with versions that match their terminal devices. Typhur is not liable for any damages resulting from using inadaptable versions of the Software.
4.4 If You do not register and log in to your Typhur Account, You will only have the following limited access to our Services: (i) by browsing our website, You may read, download, and print our recipes for your own personal use, and (ii) by registering your email on our website, You may have our recipes sent to your emails or subscribe our promotion notifications. After You complete your registration, You will have the right to use your Typhur Account and access/ use the full features of the Services. It should be noted that, while You may have the right to use your Typhur Account after You complete your registration, Typhur reserves the legal ownership of your Typhur Account. For the purpose of this Agreement, “your Typhur Account” means the Typhur Account that You have the right to use. You are not allowed to rent, lease, loan, borrow, license, sublicense, assign, distribute, gift, sell or resell your Typhur Account, or permit anyone outside your household to access it. Typhur also reserves the right to take back your right to use Typhur Account. Please refer to Article 6 Account Security for more information regarding the safe use of Typhur Account. And please refer to Article 14 Termination or Suspension by Typhur for details about Typhur’s rights to terminate or suspend the use of Typhur Account.
4.5 You may permit your household members to use your Typhur Account with the satisfaction of the following conditions:
(a) your household members are fully aware of and agree to all the terms of this Agreement and the Privacy Statement, and agree to be deemed as signing parties hereto;
(b) You consent that unless We are otherwise properly noticed by you at the address provided in Article 19 of this Agreement, We will always attribute the user’s behavior under your Typhur Account to You; and
(c) You shall monitor the use of the Service and the Products by your household members and shall be fully responsible for the acts and/or omissions of such persons.
5.1 The following are examples of what You can do using the Services either independently or in connection with Typhur’s smart kitchen appliances (the “Product”):
(a) remotely access, control and preset settings for any of the Products that have been mentioned in our website using your mobile device;
(b) access Typhur’s online store to view or download recipes, add recipes to your favorites; and
(c) submit your feedback regarding the use of the Services.
6. Account Security
6.1 You must keep your information such as your Typhur Account username and password secret and confidential. Please do not share your Typhur Account with anyone outside your household. We recommend that You use a strong password and keep the password in a safe place.
6.2Typhur is not liable for any damage arising from any careless or unauthorized use of your Typhur Account. You must take appropriate steps to protect your Typhur Account from any unauthorized use by third parties. You are responsible for keeping your password safe, and You will bear any losses and liability incurred from providing access to your Typhur Account and other relevant information to a third party. You must not use anyone else's Typhur Account other than the Typhur Account of your household members to use or access the Services.
7.1By accessing and using the Services, You acknowledge and agree to do so in a legal and ethical manner and in accordance with this Agreement.
7.2 Unless otherwise provided in this Agreement, in connection with your use of the Services, You undertake:
(a) not to upload, download, store, duplicate, publish, transmit, send by email, or otherwise provide any such content which are prohibited by applicable laws, regulations, or policies or could infringe others’ lawful rights;
(b) not to engage in any illegal financial transactions;
(d) not to reproduce, make alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of them to be combined with, or become incorporated in, any other programs;
(e) not to gain or attempt to gain unauthorized access to or impair any aspect of the Services or their related systems or networks;
(f) not to disassemble, decompile, reverse-engineer, or create derivative works based on the whole or any part of the Services, or attempt to do so beyond the extent allowed by applicable laws;
(g) not to distribute, license, sublicense, rent, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services;
(h) not to provide or otherwise make available the Services in whole or in part (including the object and source code), in any form to any person without Typhur’s prior written consent;
(i) not to use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(j) not to use the Services (or any part(s) of the Services) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, including by hacking into or inserting malicious code, including viruses, or harmful data, into the Services (or into the websites linked to the Services) or any operating system;
(k) not to infringe Typhur’s intellectual property rights or those of any third party in relation to your access to and/ or use of the Services;
(l) not to collect other Users' information or otherwise access the Services or Typhur’s systems, using automated means, or attempt to decipher any transmissions to or from the servers running the Services;
(m) not to develop, support, or use software, devices, scripts, or any other means or processes (including crawlers, browser plug-ins and add-ons, or any other technology or manual work) to scrape, steal and crawl information from the Services or otherwise copy profiles and other data from the Services;
(n) not to commercially exploit the Services without Typhur’s prior written consent;
(o) not to solicit login information or access an account belonging to someone else;
(p) not to attempt, facilitate, or encourage any violations of this Agreement (or any part(s) of it); and
(q) not to otherwise violate applicable laws, regulations, and policies or the terms contained in this Agreement.
8. Third Party Services
8.1 Certain features of Typhur are linked to third party products and/ or their related services or are otherwise provided by third parties (“Third-Party Services”). By using these Third-Party Services, You permit and allow Typhur to receive specific information about You from the appropriate Third-Party Services provider if deemed to be necessary by Typhur, for the provision of any Services. Your use of any Third-Party Services is subject to the terms and conditions of use set by the respective third parties. For the avoidance of doubt, Typhur does not provide any express or implied warranty regarding any function or service provided by any third party, and Typhur does not assume any liability related to or arising from the use of any Third-Party Services by You, including failure of any functions of a Third-Party Service. The relevant third party shall be solely responsible for any errors, deficiencies or inaccuracies related to Third-Party Services or any issues in the Services due to such third party’s actions or omissions.
9. Intellectual Property
9.1 Unless otherwise specified by applicable laws and regulations or agreed by Typhur and You, Typhur and/ or its upstream licensors, retain all right, title, and interest in and to the information used in the Services in any form including text, data, documents, graphics, video, audio, images, icons, apps, designs, layout, software, scripts, programs, copyrights, trademarks, trade names, logos, and other materials and services available on or through the Services, as well as their look and feel (collectively, the “Intellectual Property”). Your access to and/ or use of any of the Services does not transfer any ownership in or to the Intellectual Property, the Services or their content, unless otherwise specified in this Agreement.
9.2 Except otherwise expressly provided in this Agreement, all content uploaded and published during your use of the Services will not transfer intellectual property rights, portrait rights and other rights due to uploading and publishing. But you acknowledge and agree that, within the scope permitted by law, Typhur Parties (as defined below) and other users of the Services have an unconditional irrevocable, non-exclusive, royalty-free, perpetual worldwide license right to use non-confidential content uploaded or published by you (including, without limitation, any text, photographs, videos) for achieving the purpose of the Software and Services, including but not limited to downloading, storing, playing to relevant users, obtaining and reuse by relevant users, reproducing, making derivative works of, etc.
9.3 You may not make any alterations, copies, extractions, modifications, or additions to the Intellectual Property, or sell, copy, disseminate, license, or otherwise use the Intellectual Property in any manner except as what has been provided by this Agreement. You may not re-publish, extract, reproduce, disseminate, or otherwise use any of the Intellectual Property without the prior written consent of Typhur. For the avoidance of doubt, your obligations under section 9.3 do not affect any rights You may have under any applicable mandatory laws.
10. Privacy and Personal Information Protection
10.1 We believe that the protection of your personal information and privacy is of utmost importance. Typhur will collect and deal with your personal information (including name, address, telephone contact, email address or personal details) only for the express purpose for which the data is provided. For further details, please refer to the Privacy Notice (available at https://www.typhur.com/pages/policies).
11.1 This Article 11 serves as a supplement to, instead of a full display of, all the other provisions in this Agreement that exclude or limit the responsibility and liability of Typhur.
11.2 The Services are for your sole use only and must not be used by any third party unless otherwise provided in this Agreement. You agree that Typhur and its affiliates, officers, directors, employees, contractors, agents, third-party payment service providers, partners, licensors, and distributors (collectively “Typhur Parties”) are not liable for any losses caused by any unauthorized use of the Services.
11.3 Your use of the Services may be interrupted, delayed, or disrupted for an unknown period of time for reasons that are beyond our control such as any act of God, acts of terrorism, acts or omissions of any Governmental Authority, any rules, regulations or orders issued by any Governmental Authority, fire, storm, flood, earthquake, accident, war; rebellion, insurrection, riot, invasion, interruption of services (including Internet service providers and web hosting providers) or utilities, or shortages of transportation, facilities, fuel, energy, labor or materials. You agree and acknowledge that the Typhur Parties will not be liable for any claim arising from or related to such interruptions, delays or similar disruptions.
11.4 Notwithstanding the above and to the maximum extent permitted by applicable laws, the Typhur Parties are not liable to You or to anyone else for any damages if You or anyone else are unable to access or use the Services due to:
(a) any suspension or termination of the Services by Typhur to enable maintenance work or to implement any updates to Typhur’s systems, software or hardware;
(b) any communication delay or failure of a system or network that is owned or controlled by an entity other than Typhur;
(c) any suspension, cancellation, or termination of any contract or other arrangements between Typhur and any of its third-party payment service providers;
(d) any errors or interruptions due to hacking attempts or similar security breaches;
(e) any suspension or termination of the Services caused by administrative actions, including lockdowns and restriction policies; or
(f) any other event or occurrence beyond Typhur’s reasonable control.
11.5 The Services are provided on an “as-is” and “as-available” basis without any representation or endorsement of any kind. To the maximum extent permitted by applicable laws, the Typhur Parties disclaim all warranties, conditions, or other terms of any kind, express or implied, and make no guarantee, undertaking, representation, or warranty for the following:
(a) the completeness, accuracy, reliability, or timeliness of any of the content made available on or through the Services;
(b) the Services or the server(s) they are hosted on are free from defects, errors, viruses, bugs, or other harmful elements;
(c) any defects in the operation or functionality of the Services will be corrected;
(d) the specific functions of the Services, the reliability, quality, or accuracy of any information obtained by You as a result of your use of or access to the Services can be guaranteed;
(e) the security or error-free nature of the Services; and
(f) the Services’ reliability, quality, accuracy, availability, or ability to meet your needs, provide certain outputs, or achieve certain results or outcomes. The Typhur Parties are not liable for any losses or damages to You caused in whole or in part by You relying upon, using, or interpreting the Services or other information obtained through your (or any other person’s) access to and/ or use of the Services.
11.6 Notwithstanding the above, the Typhur Parties are not liable for compensation for any personal injury or direct or consequential damage arising out of or in connection to any of the following circumstances:
(a) the User encounters content that makes the User uncomfortable in or through the Services;
(b) overheating, defects, short circuits, fires, or mechanical faults of any other kinds caused by the User’s failure to operate (via the Software or by other means) the Product properly, with reasonable care and according to the user manual of the Product;
(c) the unauthorized use of the Service or modification of the User’s data by a third party;
(d) costs and losses incurred by the User during the use of the Services;
(e) misunderstanding by the User of the Services; and
(f) other losses in connection with the Services for reasons not directly or indirectly attributable to Typhur.
11.7 The laws and regulations of some countries, states or regions do not allow certain warranties, guarantees, or liabilities to be excluded or limited by a contract. If these laws apply to You, some or all the above exclusions or limitations may not be applicable. Nothing in this Agreement exclude or limit the rights that You are legally entitled to as a consumer under applicable laws and regulations.
12.1 To the maximum extent permitted by applicable laws in the applicable jurisdiction, You shall hold harmless and indemnify the Typhur Parties from and against all costs (including any losses, damages, costs (including reasonable legal costs on an indemnity basis) and expenses, in each case of any nature) incurred by Typhur Parties arising out of or in connection with:
(a) content disseminated, circulated or otherwise shared by You on or through the Services;
(b) use of the Services in any manner otherwise than what has specified under this Agreement;
(c) your breach of this Agreement or any agreement between You and Typhur in relation to the Services;
(d) any claim or potential claim that your use of the Services in an unauthorized manner infringed the Intellectual Property of any third party; or
(e) any other action or violation by any person, apart from You, using your Typhur Account.
12.2 You agree to promptly assist and cooperate as reasonably required by any of the Typhur Parties in disputes, complaints, lawsuits, or any other action by any third party arising from the situations mentioned in section 12.1.
13. Termination by You
13.1 You can terminate this Agreement at any time and for any reason by notifying Typhur electronically or by mail at the address provided in Article 19 of this Agreement. Terminating this Agreement also will cancel any Services, including access to your Typhur Account. In the event that You wish to use the Services after termination, You will need to reapply to Typhur.
13.2 After You terminate this Agreement, Typhur may, except to the extent provided by applicable law, immediately and permanently delete any and all of the materials, files, and stored content of any other kinds under your Typhur Account. However, it may not be possible for Typhur to delete content that You have sent to other Users.
13.3 Terminating your use of the Services will not relieve You from any obligation to pay any charges accrued on or before the date of such termination. Neither Typhur nor any third party shall accept liability for any consequences due to You being unable to access the Services after You have terminated this Agreement.
14. Termination or Suspension by Typhur
14.1 Subject to applicable laws, We may suspend, restrict or cancel your access to part(s) or all of the Services at any time. Additionally, We reserve the right, at any time in our sole discretion, to terminate your Typhur Account or your use of the Typhur website. We will attempt to notify You in advance, but Typhur is not obligated to do so.
14.2 The expiry or termination of this Agreement does not affect the provisions of this Agreement which expressly or by their nature are intended to survive the expiry or termination of this Agreement and does not affect any accrued rights or obligations or any rights or obligations which are intended to survive such expiry or termination.
14.3 Any provisions of this Agreement which expressly or by their nature are intended to survive the expiry or termination of this Agreement shall remain in full force and effect subsequent to and notwithstanding such termination, until such provisions are satisfied or expire due to their nature.
15. Changes to This Agreement
15.1 Typhur may add or remove functions or features, create new limits to the Services, or otherwise change the terms, including prices, described in this Agreement at any time. Typhur may also modify this Agreement at any time based on updates to the Services. You understand that changes made in the Agreement become effective at the time specified in such notice.
15.2 The updated Agreement will become effective and replace the original Agreement once released unless otherwise stipulated by the updated Agreement. Your continued access to or use of the Services shall be deemed as your acceptance of the updated Agreement. If You do not accept the new price or privilege, your use of the Services may be affected.
15.3 We will inform You of any changes to this Agreement that will cause material disadvantage to Users or will significantly limit Users’ access to or use of the Services within a reasonable period of time either by mail or by an electronic message.
16. Governing Laws and Jurisdiction
16.1 The formation, validity, interpretation, and operation of this Agreement are governed by and construed in accordance with the laws of the Mainland of the People’s Republic of China, without giving effect to the principles of conflicts of laws.
16.2 You and Typhur agree that either party will attempt to settle any dispute arising from or in connection with this Agreement (the “Dispute”) through negotiation. In the event that You and Typhur are unable to settle the Dispute through negotiation, the Dispute shall be submitted to the Shenzhen Court of International Arbitration for arbitration in accordance with its Arbitration Rules in force at the time of application for arbitration. The awards rendered by the arbitral tribunal shall be final and binding upon both the parties. The venue and legal seat of the arbitration shall be Shenzhen, Guangdong Province, China.
16.3 You and Typhur agree that all claims will be resolved by binding arbitration in the manner specified in this Article 16 and that You and Typhur both waive any right to bring such claims before any court of law. You and Typhur further agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
16.4 The expiry or termination of this Agreement does not affect the effectiveness of provisions in this Article 16.
17.1 If any provision of this Agreement is found by a court of competent jurisdiction or any other competent authorities to be void, invalid, or unenforceable, but would be valid, binding and enforceable if some part of the provision were deleted or amended then the provision shall apply with the minimum modifications necessary to make it valid, binding and enforceable and neither the validity or enforceability of the remaining provisions of this Agreement, nor the validity or enforceability of that provision under the laws and regulations of any other jurisdiction, shall in any way be affected or impaired as a result of this Clause.
18.1 This Agreement and the Privacy Statement set out the entire understanding and agreement between You and Typhur.
18.2 You fully understand that your personal information or any other information collected by Typhur may be stored to and/ or processed outside the territory, province and/ or country in which the User resides in. You expressly represent and warrant that You shall not (and Typhur shall not approve You to) use the Services to upload, sync, or transfer software, technical data, and/ or other data that is subject to the Export Administration Regulations (EAR) of the US Bureau of Industry and Security. If You violate the aforementioned undertakings, your actions shall be considered as the export of goods under the EAR and You may therefore be subject to penalties. Typhur shall not assume any liabilities to the largest extent permitted by law.
18.3 The Services or third parties may provide links to other websites or resources. You acknowledge and agree that Typhur is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Typhur is not responsible or liable for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such websites or resources.
18.4 Nothing in this Agreement shall constitute a partnership between the parties nor make either party the agent of the other party for any purpose.
18.5 Typhur has the right to transfer, assign, subcontract, or replace Typhur’s rights and obligations under this Agreement without diminishing your rights and interests.
18.6 In this Agreement, unless the context requires otherwise, headings do not affect its interpretation.
19. Contacting Us
19.1 If You have any questions regarding this Agreement, please contact Us using the following information:
Email address: firstname.lastname@example.org
Mailing address: 2890 Zanker Road #120, San Jose, CA 95134