Terms of Service
1. Acceptance of Terms
These User Agreement constitute a legal agreement between you (hereinafter "you" or "your") and Kingily Technology Co., Ltd. (hereinafter the "Company," "we," or "us"), governing your use of our websites, applications, and services. By downloading or installing any of our applications (hereinafter "Applications") and using them in conjunction with the services provided by us or accessed through the use of an Application (collectively, the "Services"), you acknowledge that you have read, understood, accepted, and agreed to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not access or otherwise use the Services. You also acknowledge that you have read and understood our Privacy Policy.
The Company may post announcements of changes, modifications, or amendments to these Terms of Service within the Applications or other components of the Services. Your continued use of the Services after the posting of such changes constitutes your acceptance of the modified Terms of Service. The Company will make reasonable efforts to provide you with notice of material changes. If you do not accept the modified Terms of Service, you may terminate this Agreement at any time by providing notice. You agree that the Company may unilaterally change the content of the Services; provided, however, that if such changes involve material alterations to user rights and interests—including but not limited to: adjustments to service fees, significant changes to game rules, restrictions on member rights, or substantial changes to contract content—the Company shall provide notice or make an announcement thirty (30) days in advance in accordance with the methods specified in Article 26 of these terms.
2. Privacy
You acknowledge and agree that the Company will collect, use, and share certain personal data from you and your device(s), as detailed in the Privacy Policy published for our respective Services. By accessing or using our Services, you signify that you have read and acknowledge such Privacy Policy.
3. Eligibility
To use our Services, you must be a natural person, have reached the legal age of majority, and possess an email address associated with your registration. In connection with your use of the Services, we may, at our sole discretion, require you to provide evidence demonstrating your compliance with this condition. Failure to comply with this condition will result in the closure of your account and the forfeiture of all Virtual Items (including Loyalty Points) accumulated during your use of the Services (Virtual Items and Loyalty Points are defined below).
4. License
To use the Services, you must have a device that is compatible with the Applications. The Company does not warrant that the Applications will be compatible with your device. If you choose to use the Services, subject to your agreement to and compliance with these Terms of Service and the Privacy Policy, the Company hereby grants you a non-exclusive, non-transferable, and revocable license to install and use the object code of the Application on a single device owned or exclusively leased by you, solely for one registered account. The Company also grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, and limited-scope license to access and use the portions of the Services that are not part of the Applications. Your use of the Services is restricted solely to your own personal, private, non-commercial entertainment purposes and may not be used for any other purpose.
If the Services or any portion thereof are deemed illegal under the laws of your jurisdiction, you shall not obtain any license to use the Applications or any other part of the Services, and you shall not use them. You shall not: (i) modify, disassemble, decompile, or reverse engineer the Applications; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Applications to any third party, or use the Applications to provide time-sharing or similar services for any third party; (iii) make any copies of the Applications; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Applications, features that prevent or restrict use or copying of any content accessible through the Applications, or features that enforce limitations on use of the Applications; or (v) remove copyright and other proprietary rights notices on the Applications.
You acknowledge that the Company may from time to time issue upgraded versions of the Applications, and may automatically electronically upgrade the version of the Application that you are using on your device, although the Company is under no obligation to do so. You consent to such automatic upgrading on your device, and agree that the terms and conditions of these Terms of Service will apply to all such upgrades. The foregoing license is not a sale of the Applications or any copy thereof, and the Company and its third-party licensors or suppliers retain all rights, title, and interest in and to the Applications (including any copies thereof). Standard telecommunication data charges may apply to your use of the Applications.
5. Virtual Items
During your use of the Services, you may from time to time have the opportunity to "earn", "buy", or "purchase" (a) in-game virtual items; or (b) in-game virtual points, including but not limited to virtual currency, cash, or points, all for use within the Services (collectively referred to as "Virtual Items"). You do not actually "own" any Virtual Items, and the balance of any Virtual Items does not reflect any real-world credit or equivalent balance. When you "earn", "buy", or "purchase" Virtual Items, you are merely obtaining a limited license to use software programs that manifest as Virtual Items.
The purchase and sale of such limited licenses for the use of Virtual Items are transactions completed through the redemption of relevant funds. Except as otherwise required by law (such as the provisions of Taiwan’s Mandatory and Prohibited Provisions of Standard Contracts for Online Game Services), all Virtual Items are non-refundable, non-transferable, and non-exchangeable upon purchase, including but not limited to instances of account termination, termination of these Terms of Service, and/or cessation of the Services. Unless otherwise explicitly authorized by the Company in writing, the Company prohibits and does not recognize any attempted transfer of Virtual Items outside of the Services, or any attempted sale, gift, or trade of any items appearing in or originating from the Services. Therefore, without the Company’s written permission, you shall not sub-license, trade, sell, or attempt to sell in-game Virtual Items in exchange for real money, or exchange Virtual Items for any type of value outside of the game. Any transfer or attempted transfer will result in the termination of your account.
You acknowledge and agree that: (a) the Company may, at any time and for any or no reason, adjust the value of Virtual Items without notice; (b) the virtual points required to obtain certain Virtual Items may fluctuate; and (c) the Company shall bear no liability to you for adjusting the prices of such Virtual Items and/or the virtual points required to acquire them. The Company reserves the right to limit the quantity of Virtual Items you may purchase and/or refuse to permit your purchase of such Virtual Items without prior notice. You acknowledge and agree that the Company is not responsible for the loss of Virtual Items resulting from any unauthorized third-party actions. The Company may, at its sole discretion and on a case-by-case basis, replace lost Virtual Items without incurring any further obligation or liability. The Company owns, has licensed, or otherwise has the right to use all content appearing in the Services. Notwithstanding any provision to the contrary in these Terms of Service, you agree that you have no rights or title to any content appearing in the Services, including but not limited to the Virtual Items therein, whether "earned", "bought", or "purchased" from the Company.
6. Loyalty Points
During your use of the Services, you may have the opportunity to accumulate "Loyalty Points." Loyalty Points are in-game points that you may use to "purchase" other Virtual Items within the Services. As with all Virtual Items, you do not actually own the Loyalty Points you accumulate, and any Loyalty Points you accumulate do not constitute a balance of real-world currency or its equivalent. When you "earn," "buy," or "purchase" Loyalty Points, you are merely obtaining a limited license to use software programs that manifest as Loyalty Points. In the event of issues with the game that affect the accumulation of Loyalty Points and/or the redemption of prizes, the Company reserves the right to correct any such errors.
7. Accumulating Loyalty Points
You may accumulate Loyalty Points by taking certain actions during your use of the Services. For example, you may earn Loyalty Points by posting your game achievements on your social media accounts, "liking" certain aspects of the Services, playing games for a certain duration, or participating in certain in-game activities. The foregoing list is for illustrative and explanatory purposes only and is neither exhaustive nor does it preclude other circumstances. The outcome of any game played while using the Services shall not result in the acquisition or earning of Loyalty Points.
8. Use of Loyalty Points
You may use accumulated Loyalty Points to exchange for in-game Virtual Items within the Services. You may also use Loyalty Points to redeem prizes in the "Rewards" section of the Services. To redeem a prize, you must have a valid account linked to the Application. Upon your first redemption of a prize using Loyalty Points, we will request you to provide your name and email address. The name provided must match the name on a government-issued identification document and must be the same person who accumulated the Loyalty Points through the use of the Services.
Once you have redeemed a prize using Loyalty Points, you have "purchased" said prize. Following the purchase of a prize, you may complete the "Redemption Process" through the prescribed "Redemption Method" within a specified limited period. Redeeming a prize purchased within the Services ensures that you may engage in a specific use at a specific time. Upon completion of the Redemption Process, you may "use" the prize. A prize is deemed "Used" once it has been utilized.
9. Inactive Accounts
If you do not use your account by logging in to the Services at least once every ninety (90) days, your account will be deemed inactive. You may reactivate your account at any time by logging in to the Services. In the event an account is deemed inactive, the Company will notify the User in accordance with the methods set forth in Article 26 at least thirty (30) days prior to taking any action. If the User fails to log in following such notice, the Company shall have the right to cancel the User’s Loyalty Points and unredeemed prizes; furthermore, if a period of more than one (1) year has elapsed since the User’s last login, the Company shall have the right to terminate this Agreement.
10. Third-Party Suppliers of Goods and Services
Our partners reserve the right, at their sole discretion, to adjust, modify, suspend, cancel, or terminate all or any part of the activities, aspects, and/or terms and conditions provided by them at any time, with or without notice, and for any or no reason. You hereby agree that the Company shall not be liable to you for any such actions taken by its partners.
11. Termination
Except as otherwise provided in these Terms (e.g., Article 9) or required by applicable laws, if you breach these Terms of Service, the Company may, upon providing notice and a designated period for cure during which the breach remains uncured, terminate or suspend your account (including but not limited to your ability to purchase, redeem, or consume prizes) and/or your use of the Services (including but not limited to restricting your ability to use the Applications) at any time, without further notice and without liability to you; provided, however, that in the event of a material breach or where immediate termination is permitted by law, the Company may terminate or suspend your account or use of the Services immediately without the aforementioned notice and cure period. Upon termination, your use of the Services, including all User Content (as defined below) and Virtual Items, will be disabled, and any Loyalty Points you have accumulated will be forfeited. The Company has the right, but not the obligation, to preserve any User Content after termination. Users may request the deletion of their accounts and associated personally identifiable information through the in-app settings or via the procedures set forth in the Privacy Policy; once executed, all Virtual Items and Loyalty Points will permanently lapse and cannot be restored, and the Company shall not be held liable for your actions in this regard.
12. User Content and Feedback
The Services may contain various forums, blogs, and chat rooms where you and other users can post observations and opinions on specified topics (hereinafter referred to as "User Content"). The Company does not guarantee that other users will not use the ideas and information you share. Therefore, if you have an idea or information you wish to keep confidential, please do not post it on the Services. The Company shall not be responsible for any user's use, misuse, or misappropriation of any content or information in any forums, blogs, or chat rooms, including but not limited to your use, misuse, or misappropriation of any information a user may provide to other users.
By providing any User Content through the Services, you hereby grant the Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, including the right to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content, but only on, through, or by means of the Services. The Company does not claim any ownership rights in any such User Content. Nothing in these Terms of Service shall be deemed to restrict any rights you may have to assert any ownership over any such User Content.
You acknowledge and agree that you are solely responsible for all User Content you provide through the Services. Accordingly, you represent and warrant that: (i) you are the sole and exclusive owner of the User Content provided through the Services, or you possess all necessary rights, licenses, consents, and permissions to grant the Company the rights to the User Content as stipulated in these Terms of Service; and (ii) neither the User Content itself, nor your posting, uploading, publishing, submitting, or transmitting of the User Content on, through, or by means of the Services, nor the Company’s use of the User Content (or any part thereof), infringes, misappropriates, or violates any third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or results in a violation of any applicable laws or regulations.
The Company may or may not regulate User Content and makes no representations or warranties regarding the accuracy, quality, or integrity of any User Content posted on the Services. You acknowledge that chats, posts, or materials published by users are not endorsed or controlled by the Company, and such communications should not be considered reviewed or approved by the Company. By using the Services, you acknowledge and agree that you may be exposed to content you consider offensive or objectionable. You are solely responsible for your activities regarding User Content, and you agree that the Company shall under no circumstances be liable for any User Content, including but not limited to errors in any User Content, or any loss or damage resulting from the use of User Content, or the deletion or failure to delete User Content.
The Company reserves the right (but is under no obligation at any point) to, at its sole discretion, exclude, block, edit, move, disable, or permanently delete User Content for any reason, with or without notice. You hereby agree that, to the maximum extent permitted by applicable law, the Company shall not incur any liability for excluding, modifying, or blocking materials or User Content that may be considered offensive at any time; furthermore, except as required by applicable law, the Company has no obligation to perform such exclusion at any point.
The Company encourages and welcomes feedback, comments, and suggestions for improvement regarding the Services (hereinafter referred to as "Feedback"). You may submit Feedback using the contact information provided on the website. You acknowledge and agree that all Feedback shall be the exclusive property of the Company, and you hereby irrevocably transfer and assign all your rights, title, and interest in and to all Feedback to the Company, including but not limited to all worldwide patents, copyrights, trade secrets, trademarks, moral rights, and other intellectual property rights. Upon the Company’s request and at the Company’s expense, you shall execute documents and take other actions as reasonably requested by the Company to assist the Company in obtaining, perfecting, and maintaining intellectual property rights and other legal protections for the Feedback.
13. General Conduct and Usage Rules
You represent and warrant that you have the full right and authority to use the Services and are bound by these Terms of Service. You agree to comply with all applicable laws, rules, statutes, regulations, and these Terms of Service. You undertake that you will not engage in, or attempt to engage in, fraudulent behavior toward the Company or other users, and that you will not act in bad faith when using the Services. If the Company determines that you have acted in bad faith, violated these Terms of Service, or that your behavior has exceeded reasonable community standards, the Company may, at its sole discretion, adjust the Loyalty Points in your account, terminate your account, and/or prohibit you from using the Services. Specifically, you agree not to engage in the following behaviors:
Downloading the Applications, creating an account, or accessing/using any part of the Services while you are under the legal age of majority;
Accessing or using the Services while you are an object of restriction or prohibition under any applicable laws, treaties, or administrative orders (including but not limited to the sanction lists under the "Counter-Terrorism Financing Act" of the Republic of China, the Specially Designated Nationals and Blocked Persons List of the U.S. Department of the Treasury, or embargoed targets);
Using the Services for any commercial purpose, for the benefit of any third party, or in any manner not permitted by these Terms of Service;
Accessing, tampering with, or using non-public areas of the Services, the Company’s computer systems, or the computer systems of our providers and partners;
Attempting to probe, scan, or test the vulnerability of any Company system or network, or breaching any security or authentication measures;
Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measures implemented by the Company, any of our providers, or any other third party (including other users) to protect the Services or any portion thereof;
Attempting to use the Services on or through any platform or service not authorized by the Company;
Posting, uploading, publishing, submitting, providing for use, or transferring any User Content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
Interfering with the ability of other users to use the Services, including but not limited to disrupting the Company’s game environment or taking actions that interfere with the provision of Services to other users or increase the costs thereof;
Engaging in behavior that conflicts with the spirit or purpose of the Services, including but not limited to manipulating or circumventing game policies, game rules, or these Terms of Service;
Uploading or transmitting (or attempting to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or the computers of other users;
Sending any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation;
Creating false personas, multiple identities, or multiple accounts; creating an account on behalf of someone other than yourself; or otherwise attempting to circumvent any caps or limits on Loyalty Points or prizes established by the Company and/or any prize partners;
Obtaining or attempting to obtain passwords or personal data from other users of the Services, including but not limited to personally identifiable information or personal financial data;
Uploading or transmitting (or attempting to upload or transmit) any content that acts as a passive or active information collection or transmission mechanism without the Company’s express permission, including but not limited to clear graphics interchange formats (clear GIFs), 1x1 pixels, cookies, or other similar devices;
Developing, distributing, using, or publicly informing other members of cheats, automation software, bots, hacks, mods, or any other unauthorized third-party software or applications;
Exploiting, distributing, or publicly informing other users of any game errors or vulnerabilities that provide an unintended advantage;
Using Virtual Items in a manner that violates these Terms of Service, including transferring or selling Virtual Items, or obtaining Virtual Items or other products or services through fraudulent means;
Sublicensing, leasing, renting, selling, exchanging, gifting, donating, or otherwise transferring your account or any Virtual Items associated with your account to anyone without the Company’s express written permission;
Accessing or using an account or Virtual Items that have been sublicensed, leased, rented, sold, exchanged, gifted, donated, or otherwise transferred from the original account holder without the Company’s permission;
Engaging in any fraudulent activity regarding payment methods or advertiser tracking mechanisms;
Violating any applicable laws or regulations;
Attempting to interfere with, intercept, or decipher any transmissions to or from the Service servers;
Interfering with or attempting to interfere with the access of any user, host, or network, including sending viruses, overloading, flooding, spamming, or mail-bombing the Services; or
Encouraging or enabling any other individual or group to engage in any of the foregoing activities.
14. Ownership of Intellectual Property
The Services and all content on or within the Services are protected by copyright, trademark, and other laws of Taiwan and foreign jurisdictions. Except as expressly provided in these Terms of Service, all rights, title, and interest in and to the Services and all content on or within the Services, including all associated intellectual property rights, belong exclusively to the Company and its licensors. You shall not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. You agree not to engage in the following behaviors:
Attempt to obtain the source code of the software or other intellectual property used to provide the Services through modification, reverse engineering, decompiling, disassembling, cracking, or any other means without the prior express written permission of the Company;
Use, display, mirror, or frame the Services or any individual element within the Services;
Adapt, modify, or create derivative works based on the intellectual property of the Company or any of its licensors;
Rent, lease, loan, trade, sell, or resell access to all or any part of the Services, or any information within the Services; or
Use or copy any trademark or logo of the Company’s licensors or third parties without the express written consent of the owner of such trademark or logo.
15. Links to Third-Party Websites
The Services may contain links to third-party websites or resources that are not owned by the Company. You acknowledge and agree that the Company is not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. The Company does not control, nor does it review, investigate, verify, certify, or approve third-party websites linked to the Services. Accordingly, these links do not imply any endorsement by the Company of such websites or resources, or the content, products, or services on or available from such websites or resources. You acknowledge that your use of any such websites or resources is your sole responsibility and you assume all risks thereof.
16. Copyright Infringement Notice
If you are a copyright owner or an agent thereof and believe that your work has been infringed by the Services, you may submit a written notification of claimed infringement to the Company’s designated agent, providing the following information:
Identification of the copyrighted work claimed to have been infringed; if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, or an email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
The Company’s designated agent for claims of copyright infringement can be reached via email at: service@jollywins.com.tw
You acknowledge that if you fail to comply with all of the requirements of this Section, your notice may not be valid under applicable law, and we may be unable to remove the infringing content. Please also note that under applicable law, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
17. Updates and Maintenance of the Website and Services
You acknowledge and agree that the Company may update the Services, with or without notice to you. The Company may require you to accept updates to the Services, and you may also need to update third-party software from time to time to receive the Services. The Company performs maintenance on its systems from time to time. Certain features of the Services, and at times the entire Services, will be unavailable during such maintenance periods. All issues encountered during the use of the Services, including those related to your account, may be reported to the Company as they occur via: service@jollywins.com.tw.
18. Dispute Resolution and Litigation
Any dispute arising between the User and the Company out of or in connection with these Terms of Service or the Services shall first be resolved through good-faith negotiations between both parties. If such negotiations fail, the Taiwan Taipei District Court shall be the court of first instance for any resulting litigation, unless otherwise mandated by applicable law. The aforementioned agreement regarding jurisdiction shall not exclude the application of Article 47 of the Consumer Protection Act or the relevant provisions of the Code of Civil Procedure of the Republic of China (Taiwan).
19. Disclaimer of Warranties
The Services (including the Applications) and all content on or within the Services are provided on an "AS IS" basis, without warranty of any kind, whether express, implied, or statutory. Without limiting the foregoing, the Company, our partners, and our and their respective affiliates, subsidiaries, officers, directors, employees, agents, and licensors (collectively, the "Company Parties") explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, as well as any warranties arising out of course of dealing or usage of trade. The Company Parties do not warrant that the Services will meet your requirements or will be uninterrupted, secure, or error-free. The Company Parties make no warranty regarding the quality of any products, services, or content obtained through the Services, or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services.
You are solely responsible for all of your communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services. You understand that the Company does not screen or inquire into the background of any users of the Services, nor does the Company attempt to verify the statements of users of the Services. The Company Parties make no representations or warranties as to the conduct of users of the Services or their compatibility with any current or future users of the Services. You agree to take reasonable precautions in all communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services, particularly if you decide to meet offline or in person. Some jurisdictions do not allow the exclusion of implied terms in contracts with consumers, so the exclusions in this section may not apply to you.
20. Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services, including the Applications, remains with you. Neither the Company Parties nor any other party involved in creating, producing, or delivering the Services shall be liable for any indirect, special, exemplary, or incidental damages, including loss of profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services, arising out of or in connection with these Terms, or from the use of or inability to use the Services, or from any communications, interactions, or meetings with other users of the Services resulting from your use thereof, whether based on breach of warranty, breach of contract, tort (including negligence), product liability, or any other legal theory, and whether or not the Company Parties have been advised of the possibility of such damages, even if a limited remedy set forth herein is found to have failed of its essential purpose.
To the maximum extent permitted by applicable law, and unless otherwise mandated by statutory requirements, the Company’s total aggregate liability arising out of or in connection with these Terms of Service or the use of the Services shall be capped at the total amount of fees actually paid by you to the Company for the use of the Services during the six (6) months prior to the occurrence of the damage. In the event that the Taiwan "Consumer Protection Act" or the "Mandatory and Prohibited Provisions of Standard Contracts for Online Game Services" stipulate mandatory requirements for specific damages, such mandatory provisions shall prevail.
21. Indemnification
You agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, losses, damages, and liabilities, including legal fees and expenses, arising out of or relating to your use or misuse of the Services, your breach of these Terms of Service, any of your User Content, or your breach of the representations, warranties, or covenants made by you herein. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate with the Company’s defense of these claims. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions of this indemnification section shall survive the termination of this Agreement, the termination of your account (if applicable), and/or your cessation of access to or use of the Services.
22. Additional Provisions for Mobile Applications
The following additional terms and conditions apply to any application provided to you by the Company for use on Apple iOS mobile devices (hereinafter referred to as the "iOS Application"):
You acknowledge that these Terms of Service are concluded between you and the Company only, and not with Apple, Inc. (hereinafter referred to as "Apple").
Your use of the iOS Application must comply with the Usage Rules set forth in Apple’s then-current App Store Terms of Service.
The Company, not Apple, is solely responsible for our iOS Application and the services and content therein. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our iOS Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS Application, nor for any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the iOS Application to conform to any warranty.
You agree that the Company, not Apple, is responsible for addressing any claims by you or any third party relating to our iOS Application or your possession and/or use of our iOS Application, including but not limited to: (i) product liability claims; (ii) any claim that the iOS Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. All such claims are governed solely by these Terms of Service and the laws applicable to us as the provider of the iOS Application.
You agree that the Company, not Apple, shall be responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim related to our iOS Application or your use thereof, within the scope provided by these Terms of Service.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
When using the iOS Application, you agree to comply with all applicable third-party terms of agreement (e.g., you must not violate your wireless data service agreement when using the iOS Application).
You agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service regarding your license to use the iOS Application. Upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof.
The following additional terms and conditions apply to any application provided to you by the Company for use on Android mobile devices (hereinafter referred to as the "Android Application"):
You acknowledge that these Terms of Service are concluded between you and the Company only, and not with Google, Inc. (hereinafter referred to as "Google").
Your use of the Android Application must comply with the Usage Rules set forth in Google’s then-current Google Play Terms of Service.
The Company, not Google, is solely responsible for the Android Application, the content therein, and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android Application or these Terms of Service.
23. Governing Law and Jurisdiction
Unless otherwise provided in these Terms of Service, the interpretation and application of all disputes between you and the Company shall be governed by and construed in accordance with the laws of the Republic of China (Taiwan), and the Taiwan Taipei District Court shall serve as the court of first instance for any resulting litigation.
24. Entire Agreement
These Terms of Service constitute the entire and exclusive understanding and agreement between the Company and you regarding the Services, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between the Company and you regarding the Services.
25. Assignment
You may not assign or transfer these Terms of Service, whether by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms of Service without such consent shall be null and void. The Company may assign or transfer these Terms of Service at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service shall bind and inure to the benefit of the parties, their successors, and permitted assigns.
26. Notices
"Notices" as referred to in these Terms shall mean notices sent by the Company via email, mobile phone number, in-app messages, push notifications, or other methods agreed upon by both parties, based on the information provided during registration or subsequently updated by the User. Notices sent via email, SMS, push notifications, or in-app messages shall be deemed effective and delivered at the moment such notice enters the email server, communication device, account, or message center of the Service system designated by the User (irrespective of whether the User has actually read the notice). Notices made via website announcements shall take effect upon posting; provided, however, that where individual notice is required by law or these Terms, such announcement shall not substitute for individual notice.
Users shall ensure that their contact information is accurate and remains accessible. The User shall be solely responsible for any failure of delivery resulting from the User’s failure to update their contact information.
Any notices allowed or required to be issued by you under these Terms of Service shall be in writing and sent to:
- Company Name: Kingily Technology Co., Ltd.
- Company Address: 2F., No. 120, Qiaohe Rd., Zhonghe Dist., New Taipei City, Taiwan (R.O.C.)
Any notice issued by you that does not comply with the provisions of this Article shall be legally ineffective.
27. Force Majeure
The Company shall not be liable for any damage, injury, non-performance, or delay in performance resulting from any act of God, weather, fire, flood, epidemic, acts of terrorism or foreign enemies, satellite or network failure, government orders or regulations, trade disputes, or any other cause beyond the Company’s reasonable control.
28. Waiver; Severability
The failure of the Company to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise.
In the event that a court of competent jurisdiction holds any provision of these Terms of Service to be invalid or unenforceable for any reason, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms of Service will remain in full force and effect.
The headings in these Terms of Service are for convenience only and have no legal or contractual effect.