Last update: June 29th, 2023
Terms and Conditions of
USE
Online
Purchase (Subscription) Fixed Term Authorize Agreement
This Online Purchase
(Subscription) Fixed Term Authorize Agreement (hereinafter referred to as this
“Agreement”) is entered into between Asteroom Inc. (hereinafter
referred to as “Asteroom” or “Our Company”) and You, the User (including individual
or legal entity)
This Agreement will
grant the User a license to use __Asteroom__ platform (hereinafter
referred to as“the Platform”) and its software subject to the terms and
conditions specified in this Agreement.
The effective date of
this Agreement shall be the date of the confirmation of subscription agreement
which provided by Asteroom or the date of renewal of such subscription
agreement.
1.
The portal site of the Platform will provide the
detailed information for the plans of subscription. Once the User completes the subscription
or renews subscription, it means the User agrees the terms and conditions for
the plans of subscription. The
plans of subscription including:
(1)
Trail: The User can use, with limitation, the
Platform free of charge for a limited period. Under this plan, the related
article of warranties or liabilities shall not apply to Asteroom.
(2)
Prepaid: The User undertakes to order a certain
amount of authorization in advance and to use it for a limited period of time.
In addition, the User agrees to prepay or pay on a regular basis before use.
2.
The User shall pay in accordance with the plan of
subscription:
(1)
The price for prepay plan won’t be raised within the
subscription period. The subscription
price will subject to the price published on the portal site of the effective
date of subscription or the date of renewing subscription. All price may be vary while renew
subscription. The Platform reserves
the right to change the price.
(2)
The User may choose auto renewal subscription or
termination when expiration. Auto
renewal subscription will be default option and the User may change at any time
within the subscription period.
3.
Price is exclusive of taxes; The User should pay for
business tax in accordance with this Agreement and the related tax laws and
regulations that Asteroom is entitled tocollect the payable tax from the
User. The User shall be liable to
pay any other payable tax. If any
payment made by the User to Asteroom is required to be withheld in accordance
with tax laws and regulations, the User may deduct the withholding tax from the
amount payable to Asteroom and pay the tax withholding to the appropriate tax
authority, provided that, the User must immediately obtain the official receipt
of such tax withheld and such other documents as may reasonably be required by
Asteroom and provide them to Asteroom for the purpose of applying for a
deduction or refund of overseas tax.
1.
Authorized
use: Asteroom authorize the User the right to use the Platform and the software
online. The User may only use the
Platform in accordance with the
terms and conditions of this Agreement.
User shall not reverse engineering, disassemble, decompile the software
of the Platform or violation the restrictions of regulation of circumvention
technology. User shall further not stop, modify or otherwise attempt to
circumvent any mechanism established for the use of online services by the
User.
2.
The
User shall not license, rent, lend, resell, transfer, share, or in the form of
server services, the whole or part of right to use the Platform to third
parties with a paid or gratuitous basis.
3.
The User agrees and guaranteesit may not use the Platform and its software to perform acts that may infringe upon the rights and interests of others or
violate the law, including but not limited to:
(1) To post, upload, publish, and transmit
any defamatory,
abusive,threatening,
offensive, indecent, obscene, false,contrary topublic order or good moral, or
otherwise illegal words, pictures or any form of file in this service,
(2)
To infringe other’s reputation, privacy rights, trade
secrets, trademark rights, copyrights,
patent rights,
other intellectual property rights and any other rights.
(3)
To breach the duty of confidentiality under the law and / or the agreement.
(4)
To use the services in another
person’s name fraudulently
(5)
To upload, post, transmit or spread any information containing computer viruses or
any code which may interrupt, destroy or restrict the function of
a computer's software and / or hardware.;
(6)
Toengage in illegal transactions or post false,inducing or abetting messages of crime;
(7)
To sell weapons, narcotic drugs, Banned drugs, pirated software, and / or
any other contraband.
(8)
To provide gambling information or in any way inducing or
abetting others to participate in gambling.
(9)
To spam advertising message, spam message, chain letters, illegal multi-level marketing
messages and so on.
(10)
To harm a minor in any way.
(11)
To identify false source of information or interference in any way
with source of transmission
(12)
To interfere or interrupt the service, sever, or the network connected to the service, or violate
related requirements, procedures, policies and rules connected to the service
including but not limited to the useof any device, software and/or deliberately circumventthe restrictions
in any robot exclusion headers on the Platform.
(13)
To provide any material
or direct and/or
indirect support or resources for terrorist acts
(14)
To track and/or otherwise disturb others
and/or collect
or store others personal information for foregoing purpose.
(15)
Other misconduct as determined by Asteroom with reasonable cause.
If the User violates the
obligations and undertakings of this article, Asteroom has the rights to suspend or terminate the User’s account and refuse the
Userto use all
or part of the services.
4.
The
User agrees and guarantees it may not use the Platform and its software to
perform acts that may infringe upon the rights and interests of Asteroom or
others or violate the law.
5.
For any contents uploaded,
transmitted, input or made
available to the Platform
by the User means the User agreesthat:
(1)
The data
and information is stored or managed by Asteroom and its affiliates, indexed and captured by search engines of Asteroom and its affiliates, and published in the public domain for use on
the relevant system websites of Asteroom and its affiliates, including but not limited to the third party’s
website that
cooperation with Asteroom.
(2)
To
authorize Asteroom and its affiliates to use, modify, reproduce, publicly broadcast, adaptation, distribute, publication, public release, publicly transmit, public presentation, and translate such information for the benefit of the public
good or
for the purpose of publicizing, promoting or
operating the Platform and the service, and may, to this extent, sublicense the said rights to others.
(3)
To guarantee that the use, modifying, reproduce, public broadcast, adaptation, distribution, publication, public release, public
transmission, public presentation, translation and sublicense of such materials by Asteroom and its affiliates shall
not infringe any
third party’sintellectual
property rights or any other rights.
1.
This Agreement shall become ineffective due to
expiration, termination or failure of renewal subscription, subject to the
earlier date of occurrence.
2.
The User may terminate subscription at any time
during the period, however, no refund for the prepaid fees for the use of the
Platform will be made to the User, whether the termination made by the User or
by Asteroom under this Agreement
3.
In the event of any following circumstances,
Asteroom shall have the right to terminate the User’s right to use the
Platform: (1) the User materially breaches the obligations of the Article 2; (2)
the User fails to pay the payable amount under this Agreement. Asteroom will give a reasonable period notice to the User prior to
terminate. If the user fails toadequately explain and resolve the cause of
termination within the aforementioned period of time, Asteroom
shall immediately terminate the User’s account and delete user’s
data without any retention period.
1.
All contents
of the Platform and its software, including but not limited to words, software,
sound, pictures, video, diagram, structure of the website, layout of website
images and design of the website shall belong to Asteroom or other rightholder
who owned the intellectual property rights including but not limited to copyrights,
trademark rights, and patent rights.
Without the written consent of Asteroom or other rightholder, the User
shall not use, modify, copy, transmit, amend, distribute, publish or reveal
related content. In case of
violation, the User shall be liable for any damage and loss caused to Asteroom
or other right holder.
2.
The Platform and its software are developed and
designed by Asteroom without plagiarism, counterfeiting, excerpts or adapting from the same
or similar functional software of others or otherwise infringement of the
copyright of others. If a third
party claims the rights and such claim is affirmed by a court judgment,
Asteroom agrees to compensatethe User the actual loss within limit of the
amount actually paid by the User.
3.
The Platform and its software conform to the
published specifications of Asteroom and can be used normally. But any problem arising
from accident, misuse or use of the product in a manner
inconsistent with the provisions of this Agreement or Asteroom's guidelines, or
caused by events beyond Asteroom’s reasonable control shall not be covered
under the warranty against defect.
The warranty against defect shall not apply to the problem caused by
failure to meet the minimum requirements of the system.
4.
Except as expressly provided in this Agreement,
Asteroom disclaims all otherexpressed,
implied or statutory or otherwise warranties, including warranties of
merchantability or fitness for a particular purpose.
5.
If a third party accuses the Platform and its
software infringing upon the third party’s patent rights, copyrights or
trademark rights or illegally using of its trade secrets and any action or
proceeding is brought againstthe User, Asteroom will assist the User to raise a
defense or explanation. However if
any action or proceeding is brought against Asteroom by reason of the User’s
infringement upon patent rights, copy rights or trademark rights of a
third party, or intentionally illegal use of its trade secrets when using the
Platform and its software, the User is obligated to assist Asteroom to raise a
defense or explanation.
1.
All claims against the User arising out of this
Agreement shall be limited to direct loss, and the maximum amount claimed shall
not exceed the amount paid by the User under this Agreement during the 12 month
period preceding the date on which the claim arose.
2.
Neither party shall be liable to the other party for
any loss of income or indirect, special, incidental, consequential,
punitive or exemplary damage, or for any damage arising from loss of profit,
revenue, business interruption or business information lost, even if the
party had been advised the possibility of such damages or if such damages are
reasonably foreseeable.
1.
Retention
We keep your personal data only as long as necessary to provide you with the Asteroom Service and for Asteroom's legitimate and essential business purposes, such as:
(1) maintaining the performance of the Asteroom Service
(2) making data-driven business decisions about new features and offerings
(3) complying with our legal obligations
(4) resolving disputes
2.
Deletion
If you close or request that we close your account, we'll delete or anonymize your personal data so it no longer identifies you, unless we're required to keep something or we still need to use it for a legally justifiable reason.
Here are some examples of situations where we're legally allowed or required to keep some of your personal data:
(1) if there's an unresolved issue relating to your account, such as an outstanding credit or unresolved claim or dispute
(2) for our legal, tax, audit and accounting obligations
(3) for our legitimate business interests such as fraud prevention or to maintain security.
3. Messaging Opt-in
(1) Mobile Number Non-Sharing: We understand the importance of your mobile number privacy. Therefore, we assure you that Asteroom will not share your mobile number with any other parties without your consent. Your mobile number will only be used for the purposes explicitly mentioned in this Privacy Policy or as required by law. You agree that your contact information may be shared with a service provider who will fulfill the service you’ve ordered or on behalf of the business you’ve contacted that’s hired Asteroom.
(2) Message Frequency: The frequency of messages you receive from Asteroom may vary depending on the services you have subscribed to or the nature of your interaction with us. We strive to maintain an appropriate balance and respect your preferences. You can manage your communication preferences by following the instructions provided in the messages you receive or by contacting us directly at support@asteroom.com
(3) "Message and Data Rates May Apply" Disclosure: When you receive messages from Asteroom, please be aware that message and data rates may apply. These charges are imposed by your mobile service provider, and we have no control over them. We recommend checking with your provider to understand any applicable fees before participating in our services.
To comply with privacy protection regulations, we kindly advise that any request for data deletion be directed to our designated email address for such purposes, support@asteroom.com
1.
Asteroom reserves the right to change the
related terms and conditions at any time. The User must visit the Platform on
regular basis to ensure you understand the latest related terms and conditions of
use of the platform.
2.
Asteroom reserves the right to update and
adjust the specifications of the Platform and its software at any time.
3.
In order to use the service, the User
should agree to the following:
(1) According to the instruction of the Platform, the User shall provide
the correct, latest and complete personal information.
(2) Maintain and update the User’s information to ensure such information
is correct, latest and complete.
If the User provides any incorrect, false or incomplete information,
Asteroom has rights to suspend or terminate the user account and decline the
User to use whole or part of services.
4.
The User shall
not assign the whole or part of right under this Agreement or transfer the right
of use.
5.
If any portion
of this Agreement is held by a court to be unenforceable, the remainderof
articles set forth herein shall remain in full force and effect.
6.
Asteroom’s
failure to execute any article of this Agreement shall not be deemed to be a
waiver of Asteroom’s right under this Agreement.
7.
Nothing contained in
this Agreement shall be construed to be or create an agency, partnership or joint venture between Asteroom
and the User.
8.
This Agreement
shall be governed by the law of Taiwan (R.O.C.). Both parties agree that any legal action
arising out of this Agreement shall be brought to Taiwan HsinChu District Court. The consent of this
jurisdiction shall not prohibit either party from seeking a remedy of security
proceedings or temporary injunction in the appropriate jurisdiction in respect
of an infringement of intellectual property rights
9. Neither party shall be liable for the
non-performance caused by events beyond the control of the party, for example
fire, explosion, power outage, earthquake, flood, storm, strike, embargo, labor dispute, civil or military institution action, war,
terrorist attacks (including internet terrorist attacks), natural disasters,
acts or omissions of ISP, any acts or omissions of management or government
institute(including the passage of laws, regulations or other government acts
that affect the provision of online services).
10. This Agreement is the entire agreement between the parties in relation
to the subject matter of this Agreement and supersedes any prior or concurrent
communication.
11. If
the User accepts the terms and
conditions of this Agreement on behalf of a legal subject, it means that
the User has the authority to sign this Agreement on behalf of such legal
subject.
12. Any notification to the User under this Agreement
should be given in written and the date of receipt at that
address, the date of indicated by the courier, the date of e-mail transmission,
or the date of shown on the courier slip or fax confirmation letter shall be
deemed to be the date of delivery.
Any notification by the User to Asteroom shall be
sent to address as below:
7F., No.47, Ln. 2, Sec. 2,
Guangfu Rd., East Dist., Hsinchu City 300, Taiwan (R.O.C.)
Any notification to the User shall be sent to the
contact address disclosed in the user account. Asteroom is able to send
notifications and other information to the User by e-mail or other electronic
means.
About the contract, the subscription and its
explanation.
Subscription Period (one
month/one year)：
Subscription Period is count
by calendar days, which means from the effective date till the day before. For example, subscript on the 5th
of Jan for one month, the period will count from 5th of Jan till 4th
of Feb.
Cancel Subscription:
If subscription by auto
banking and to cancel subscription, the cancellation date will effect from
ordered date till next month. For
example, order one month subscription from 5th of Jan and cancelled
on the 19th of Jan, the cancel date will effect on the 5th
of Feb.
Yearly discount
If subscripted for one year
and cancel within the period of time, the rest fees will count by month after
re-calculate. If there is over
charge, our company will refund to user, if there is any shortage, user should
pay the difference. For example,
monthly fee is $100, annual fee is $1,000.
User subscripted on the 5th of Jan and cancelled on the 1st
of Dec and un- subscript on the 4th of Dec. The subscript period is 11 months, if
count by month, the total charge will be $1,100; user should pay $100 to our
company. If monthly charge is $100
and annual fee is $1,000, user subscript on the 5th of Jan for one
year. User cancelled subscription
on the 1st of May; the cancel subscription date is 4th of
May. The total time is 4 months, if
count by monthly fee, the total charge is $400, our company will refund $600 to
user.
How to use gift card
If user use Gift card as
payment method, the money saved on the gift card is not refundable and can’t
purchase other product from our company.
Asteroom Inc.
Software User License Agreement
You are
licensed to legally use this software program (“the Software”) by Asteroom
Inc. (“Asteroom”) under this license agreement (“The
Agreement”). If you do not agree
with any of the provisions in this Agreement, please do not install, copy or
use the Software. By using the
Software, you are deemed to fully understand and accept the provisions of this
Agreement.
1.
Intellectual
Property
All intellectual property rights in the Software,
together with all information and documents included in the packaging for the
Software (including but not limited to copyrights), are property of Asteroom or
have been licensed to Asteroom, and are protected by relevant laws and
regulations.
2.
License
to Use
You are authorized to use the Software on one (1)
single device only. You may not use
the Software on any other machines other than the said single computer.
3.
Authority
to Copy
The Software and all documents included with the
Software, and copyright thereof, are property of Asteroom. You are licensed to make one (1) copy of
the Software for your personal backup purposes. All other acts of copying are strictly
prohibited. The backup copy shall not be installed nor used while the Software
is being used.
You may not sell, lease, dissemble, reverse
engineer, copy, translate, adapt or derive the Software, or obtain the source
code of the Software by any other means.
You may not use the Software for any purposes other than those permitted
under this Agreement.
4.
Business
Users
If you need to install or use the Software on
more than one (1) computer, please contact Asteroom or our local distributor to
purchase a license for the additional use.
5.
Privacy
Policy
This privacy policy
explains what information Asteroom may collect about you, how Asteroom and
other companies may use it, and tracking technologies that may be used to
collect information. When you use our sites or our mobile applications (our
"apps"), Asteroom collect information about you and use it to
facilitate and improve our services.
Asteroom may change this Privacy Policy at any time by posting a revised
Privacy Policy on this page or apps download screen and such changes will be
effective upon posting.
Information Asteroom
collect
a. Information
collected automatically: When you visit our sites and use our apps, Asteroom
automatically collect and store information about your computer or mobile
device and your activities. This information may include:
Your computer's or mobile device’s IP address
Technical information about your computer or
mobile device (such as type of device, web browser or operating system)
Your preferences and settings (time zone,
language, etc.)
Your computer's or mobile device's unique ID
number
Your mobile device's geographic location
(specific geographic location if you've enabled collection of that information,
or general geographic location automatically)
How long you visited our sites or used our apps
and which services and features you used
b. Information you
choose to provide: You may choose to open an account and provide us with
information in order to use certain services or to take advantage of special
offers. This information may include your name, serial number and related
information of the services, email address, phone number. You may choose not to
provide us with any personally identifiable information. But if you don't
provide certain information, you won't be able to use some of the services
Asteroom offer.
How Asteroom use your
information
We use your information
to provide and improve our services, customize services for you, make special
offers, better understand our users, diagnose and fix problems, and sell and
display ads that may be relevant to you.
Email Address: Asteroom
use your email address only to allow you to log in to your account, send you
confirmations (of your registration, purchase, etc.), and to send you messages
as part of our services. Asteroom will also use your email address to respond
to your customer service inquiries.
Phone Number: Asteroom
use your mobile phone number only to send you SMS messages that you've
requested.
Advertisers :
Advertisers and advertising networks use tracking technologies to collect
information about users' computers or mobile devices and their online
activities (for example, web pages visited and searches made) as well as
general geographic location and use that information to display targeted ads to
users. Asteroom sometimes allow these ad companies to collect such information
when you use our sites and apps to enable them to display targeted ads to you.
Legal Matters: Asteroom
may use or disclose user information: in response to a legal request, such as a
subpoena, court order, or government demand; to comply with the law; in
connection with a threat of litigation; to investigate or report illegal
activity; to protect the legal rights of Asteroom, our customers, our sites and
apps or users of our sites and apps; or to enforce our rights or defend claims.
Asteroom may also transfer your information to another company in connection
with a corporate restructuring, such as a sale or merger.
Mobile Device IDs: If
you're using an app, Asteroom use mobile device IDs (the unique identifier
assigned to a device by the manufacturer), instead of cookies, to recognize
you.
Apps
If you install one of
our apps on your mobile device, your use of the app is subject to our app
license agreement.
6.
Liability
You agree to indemnify
Asteroom against all losses, costs, debts, settlement payments or other
expenses (including but not limited to attorneys fees) arising from your breach
of this Agreement, and you agree to compensate Asteroom for all of the
abovementioned damages.
7.
Third
Party Offerings
The Software may allow
you to access the contents, software applications and data services of a third
party, including but not limited to a variety of Internet applications
("Third Party Offerings") and interoperate with them. Your access to
and use of any Third Party Offering is governed by the agreed terms and
conditions in connection with the offering and the copyright laws of the
country the third party belongs to.
Third Party Offerings
are not owned or provided by the Asteroom. Third Party Offerings may at any
time for any reason be modified or discontinued. Asteroom does not control,
endorse, or accept any responsibility associated with Third Party Offerings.
Any agreement between you and any third party in connection with a Third Party
Offering, including privacy policies and use of your personal information,
delivery of and payment for goods and services, and any other terms,
conditions, warranties, or representations of the third party associated with
such agreement is solely a dealing between you and the third party. You should
take into consideration and shall assume all risks or responsibilities in
connection with the use of "Third Party Offerings."
8.
No
Warranty
Effectiveness of a packaged software in handling
information is closely related to its software and hardware environment. The Software is published following
careful development and product testing by Asteroom, but Asteroom is not able
to conduct tests based on all possible combinations of software and hardware
environment. Therefore, Asteroom is
unable to promise nor warrant that there will be absolutely no risk of loss or
damage of information, or any other kind of loss, during installation and/or
execution of the Software. You must
be fully aware of your risks in using the Software.
Asteroom will provide you with the Software and
support services in respect of the Software to the maximum extent permitted by
law. However, Asteroom does not
warrant that the Software and information included in the package of the
Software contain no defects or errors.
Asteroom is not liable for any indirect, special or incidental loss
arising from the Software, including but not limited to loss of profits, damage
to business reputation, cessation of work, hardware malfunction or damage, or
any other commercial damage or loss arising from commercial use of the
Software.
9.
Limitation
of Liability and Damages
Except as expressly specified and expressly
agreed to in writing by Asteroom, Asteroom shall not be responsible for any
damage incurred by you for any reason under this Agreement, The maximum amount
of compensation payable by Asteroom, in respect of any damage incurred by you
for any reason under this Agreement, is limited to the amount you have already
paid to Asteroom in respect of the Software.
Under no circumstances will Asteroom be held
liable for the possibility of loss, notwithstanding Asteroom may be aware of
the possibility of such loss.
10. Prohibition Against Sublicense
You are prohibited to assign the license in
respect of the Software granted to you under this Agreement, or to grant a
sublicense to another person.
11. Jurisdiction
With regards to any disputes arising from this
Agreement, Asteroom and you agree that the court having jurisdiction over the
business location of Asteroom will be the court in the first instance.
12. Miscellaneous
In the event that any provision of this Agreement
is found to be invalid at law, such invalidity will not affect the validity of
any other provisions, or the legal enforceability of such other provisions.