Terms of use
Update：September 15, 2023
Effective date: October 27, 2023
Thanks for using Viatom Service! These terms of Service (“Terms of Use”) cover your use and access to the services, App and websites (“Services”) provided by Shenzhen Viatom Technology co .ltd. Our Privacy Policy explains how we collect and use your information when using our services or products. If you do not agree to these Terms, you do not have the right to access or use our Services or purchase any products or Services from Viatom. If you do register for or otherwise use our services, or purchase any products or services from Viatom, you shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization.
The Viatom Service consists of Viatom Software (as defined below), and other products, services and web sites hosted or made available by Viatom, which enable you to do many wonderful things on multiple mobile devices and computer systems (collectively, the “Service”). In exchange for being enabled to use the Service, you agree to abide by these Terms.
Parties of this agreement.
You are one party to this contract. The other party to this contract is Shenzhen Viatom Technology co .ltd, a corporation based in Shenzhen, China.
Your Information & Your Permissions.
When you use our Services, you provide us with things like your name, email, biometric data and so on (“Your Information”). Your Information is yours. These Terms don’t give us any rights to Your Information except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Information, backing it up, and sharing it when you ask us to. Our Services also provide you with features that may require our systems to access, store and scan Your Information. You give us permission to do those things, and this permission extends to trusted third parties we work with.
Sharing Your Information.
Our Services let you share Your Information with others, so please think carefully about when you share.
Your Responsibilities.
We encourage you to use a distinct and non-obvious username and password combination that is different from what you use for other services. You are responsible for maintaining the accuracy, completeness and confidentiality of Your Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided Your Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep Your Information secure. If you discover any unauthorized use of Your Information or suspect that anyone may be able to access Your Information, you should immediately change your password and notify our Customer Support team.
In order to use Viatom on a variety of computing devices, you’ll need to install our client software on your computers, tablets and phones. Sorry, but obtaining those devices and paying for their connectivity and data plans is your responsibility. Viatom also has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Services or for the functioning of the Services.
Finally, our Services are not intended for and may not be used by people under the age of 14. By using our Services, you are representing to us that you’re over 14.
Software.
Some of our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
Right to Modify the Services.
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Services and any Viatom Software, including changes that may affect the previous mode of operation of the Service. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, or your continued ability to access or share, Your Information and other data, and impose other limitations at any time, with or without notice.
In connection with any modification of the Services, Viatom may automatically download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Services. Viatom will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), Viatom may require you to install the update to continue accessing the Services. In all cases, you agree to permit Viatom to deliver these updates to you (and you to receive them) as part of your use of the Services.
Our intellectual property rights.
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, Viatom trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
Termination.
You’re free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. We reserve the right to terminate and delete your account if you haven’t accessed our Services for 12 consecutive months. We’ll of course provide you with notice via the email address associated with your account before we do so.
Services “AS IS”.
We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, VIATOM AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. YOUR USE OF THE SERVICES AND THE PURCHASE AND USE OF ANY PRODUCTS ARE ALL AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS.” AND PRODUCTS ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states don’t allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability.
You also acknowledge that a variety of Viatom actions may impair or prevent you from accessing Your Information or using the Services at certain times and/or in the same way, for limited periods or permanently, and agree that Viatom has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any of Your Information. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL VIATOM, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT VIATOM HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO VIATOM FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some states don’t allow the types of limitations in this paragraph, so they may not apply to you.
Claims are Time-Barred.
You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Services or Products or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.
The provisions of this section, entitled “Claims Are Time-Barred” shall be deemed to constitute a separate written legally binding agreement by and between you and us.
Resolving Disputes.
Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Viatom, you agree to try to resolve the dispute informally by contacting info@viatomtech.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Viatom may bring a formal proceeding.
Entire Agreement.
These Terms constitute the entire agreement between you and Viatom with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment.
Viatom’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Viatom may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Indemnity.
You agree to indemnify and hold Viatom, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Services, any violation of these Terms or any other actions connected with your use of the Services (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
Modifications.
Changes in these Terms are almost certain to happen, due to changes in our Service and the laws that apply to us and you. If we make a change, we’ll do our best to provide you with advance notice, although in some situations, such as where a change is required to satisfy applicable legal requirements, an update to these Terms may need to be effective immediately. We’ll announce changes here at our site, and we also may elect to notify you of changes by sending an email to the address you have provided to us. We will also try to explain the reasons for the change.
If we do update these Terms, you are free to decide whether to accept the terms or to stop using our Service; your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. For clarity, email or other communications will not constitute an effective written agreement for this purpose.
If, through accessing or using the Services, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party.
You acknowledge and agree that each affiliate of Viatom shall be a third party beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms.
We may, with your prior consent, provide you with personalized recommendation and services, including health information and health reminders, for your better experience. If your do not want to receive any service notifications, messages, etc., please turn off the push notifications in [Settings]-[Notifications] of your mobile phone.
Parties of this agreement.
You are one party to this contract. The other party to this contract is Shenzhen Viatom Technology co .ltd, a corporation based in Shenzhen, China.
Email: Shenzhen Viatom Technology Co., Ltd.
3#4E, Tingwei Park, Honglang North 2nd Road
Baoan District, Shenzhen
518101, P.R.China