TERMS OF SERVICE

Effective Date: 2021/12/30

OVERVIEW

This Terms of Service applies to the website located at userguide.shokz.net and its various sub-domains (“Sites”), which is operated by Shokz Holding Limited and its affiliated entities under common ownership and control (referred to as “Shokz”, “we”, “our” or “us”). By using these Sites, you acknowledge and agree to all terms, conditions, policies and notices stated here (“Terms of Service”, “Terms”). IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE SITES.

By visiting our Sites, you engage in our “Services” and agree to be bound by this Terms of Service. Please note we may update this Terms of Service from time to time. PLEASE CHECK THESE TERMS AND CONDITIONS CAREFULLY AND PERIODICALLY FOR CHANGES.

SECTION 1 - GENERAL CONDITIONS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Sites.

You may not use our certain manuals, user guides and other documents ("Manuals") for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – USE OF THE SITES

The Sites provide our products’ Manuals, user instructions and other product-related information. You may access any Manual as permitted by the Sites only as required to view the Manuals on your web browser for your individual use. Shokz authorizes you to use Manuals subject to the following conditions: (1) You agree not to copy, modify, republish, upload, post, transmit or distribute any Manuals without our prior written consent. To request permission, you may contact customer.service@shokz.com; All Manuals are the property of Shokz and may be updated at any time; (2) You agree to use these Manuals for your personal use only and not for any other unauthorized commercial or illegal use; (3) You agree not to remove any copyright, trademark, or other proprietary notices that have been placed in the Sites and Manuals.

Any Shokz trademarks, marks, trade names and any other marks used to identify Services or sections of the Sites are proprietary to us, and they may not be used in connection with any service or products other than those provided by Shokz, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Shokz.

All software used on the Sites is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, de-compilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.

You acknowledge that you will use Sites in accordance with all applicable, national and international laws, rules and regulations. You commit not to disrupt, modify or intercept information posted on Sites or any server on Sites and not to attempt to circumvent any of the security features of Sites.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on the Sites is not accurate, complete or current. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Sites is at your own risk.

The Sites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Sites at any time, but we have no obligation to update any information on our Sites. You agree that it is your responsibility to monitor changes to our Sites.

SECTION 4 - OUR PROPRIETARY RIGHTS

All Manuals, text, graphics, layout designs, photographs, trademarks, logos, sounds, videos and all other content published on the Sites (collectively, the "Content") are owned by or licensed to Shokz for fair use and are protected by copyright laws, trademark laws and all other intellectual property rights and unfair competition laws in different countries.

You agree to protect the rights of Shokz and all other owners of intellectual property rights in the course of using the Services on the Sites, and to comply with all reasonable written requests by Shokz or/and other licensors, or to take other reasonable measures to protect the rights of rights holders under contract, statutory and applicable laws.

SECTION 5 – PRIVACY STATEMENT

We do not collect any data information on these Sites that can be directly or indirectly identified to a natural person. Our third-party service providers may use cookies, tracking pixels and other similar technologies. These technologies are used to analyze trends, administer the Sites, track user activity on the Sites, and gather demographic information about our entire user base. We do not actively look at the information collected by third-party service providers, but may receive reports based on the use of these technologies by Our third-party service providers , provided that the reports will be desensitized.

If you would prefer not to use cookies, please check with your browser provider on how to disable cookies. Please note that some features of the Sites may not work if all cookies are disabled.

The Sites may contain hyperlinks to other websites, or embedded content of other websites.

This Terms does not apply to how other websites define personal data or how they use or protect it. We encourage you to read their privacy policies and know your privacy rights before interacting with them.

SECTION  6 –DISCLAIMERS; LIMITATION OF LIABILITY

The Sites are designed to provide useful Manuals for those interested in Shokz products. We are not, by means of our Sites, providing specific recommendations for any situation or circumstance.

We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you. The Services delivered to you through the Sites are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Shokz, including our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services, or for any other claim related in any way to your use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage resulting from delay, interruption in service, viruses, deletion of files or electronic communications, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 7 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Shokz from and against any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third-party.

SECTION 8 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 9 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 10 - GOVERNING LAW

The Sites are controlled by Shokz and can be accessed in most countries on a worldwide basis. By using the Sites, you and Shokz agree that all matters arising out of or relating to the use and operation of the Sites will be governed by the laws of Hong Kong, without regard to its conflict of laws principles. Because the laws of your location may differ from the laws of Hong Kong, you will be responsible for compliance with all local laws of your domicile. You agree that all claims that you may have arisen from or relating to the operation, use or other exploitation of the Sites will be heard and resolved at the Hong Kong International Arbitration Centre ("HKIAC"). You consent to the personal jurisdiction of the HKIAC over you, to the fairness and convenience of proceedings before the HKIAC and undertake not to raise any objection to jurisdiction.

SECTION 11 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Sites. It is your responsibility to check our Sites periodically for changes. Your continued use of or access to our Sites or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 12 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at customer.service@shokz.com