1. INTRODUCTION AND ACCEPTANCE
1.1. The Agreement: This Terms of Service ("Agreement") constitutes a legally binding contract between you ("User," "you," or "your") and KIENMALY MOBI ("Developer," "we," "us," or "our"). This Agreement governs your access to and use of the mobile application Ezmote: Universal TV Remote (the "App") and any related services (collectively, the "Services").
1.2. Acceptance: By downloading, installing, or using the App, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, you must immediately uninstall the App and discontinue its use.
1.3. Eligibility: You represent that you are at least 13 years old (or the legal age of majority in your jurisdiction) and have the legal capacity to enter into this Agreement.
2. TRADEMARK DISCLAIMER
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS IMPORTANT CLARIFICATIONS REGARDING OUR RELATIONSHIP WITH THIRD-PARTY BRANDS.
2.1. No Affiliation: This application is not affiliated with, endorsed, sponsored, or certified by Google LLC, Samsung Electronics, LG Electronics, Sony Corporation, Roku, Inc., Amazon.com, Inc., Apple Inc., or any other brands mentioned within the App or its store listing. The App is an independent utility developed by KIENMALY MOBI.
2.2. Respect for Trademarks: All trademarks, logos, product names, and brand names appearing in the App are the property of their respective owners.
- "Chromecast," "Android," "YouTube," and "Google TV" are trademarks of Google LLC.
- "Roku" is a trademark of Roku, Inc.
- "Fire TV" is a trademark of Amazon.com, Inc.
- Any other product names (e.g., "Samsung TV," "LG TV") are used solely for the purpose of describing the compatibility of our App with those devices (fair use/nominal use). We claim no ownership over these third-party trademarks.
3. DESCRIPTION OF SERVICES
3.1. Functionality: The App is a utility tool that transforms your Android smartphone into a universal remote control for Smart TVs. The App enables users to discover, connect to, and control Smart TVs over a local WI-FI network replacing or supplementing a physical TV remote.
3.2. "AS-IS" Provision: The App relies on third-party hardware protocols. We do not guarantee that the App will be compatible with every TV model or network configuration. The Services are provided on an "AS IS" and "AS AVAILABLE" basis.
3.3. Device Hardware Limitations:
- Manufacturer Restrictions: Some mobile device and TV manufacturers (OEMs) may intentionally hide, disable, or restrict standard connection features or specific remote inputs (such as Voice Command, power-on/Wake-on-LAN, or custom button mappings) to restrict usage to their own proprietary accessories.
- Incompatibility & Feature Failure: If a device manufacturer has disabled certain capabilities at the hardware or system level, this App cannot override those restrictions. For example, some TVs may display a "listening" interface when the voice command button is pressed on the App, but fail to process the audio signal due to the TV's native limitations with third-party remotes. This is a hardware/system limitation of your specific devices, not a defect of our App.
4. USER COMMANDS AND LOCAL NETWORK
4.1. Local Processing: Consistent with our Privacy Policy, the App operates primarily on your device and local network. When you use the App, control commands and voice inputs are transmitted directly from your phone to your TV through your local Wi-Fi network. We do not upload, host, or store your usage data or voice inputs on our servers.
4.2. Responsibility: You are solely responsible for how you choose to control your devices using the App. You agree NOT to use the App to:
- Interfere with or disrupt the operation of devices you do not own or have permission to control.
- Violate any local laws or the rights of others.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. Our IP: Excluding the third-party trademarks mentioned in Section 2, all rights, title, and interest in the App—including source code, UI design, graphics, logos, and the name "Ezmote"—are the exclusive property of the Developer.
5.2. Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use. You may not:
- Reverse engineer, decompile, or attempt to extract the source code of the App.
- Remove, obscure, or alter any copyright notices or trademark disclaimers.
- Use the App to develop a competing product.
6. WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW:
6.1. NO WARRANTY: WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6.2. CONNECTIVITY & COMPATIBILITY: WE DO NOT WARRANT THAT: (A) THE APP WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS; (B) THE APP WILL BE COMPATIBLE WITH ALL MOBILE DEVICE OR SMART TV MODELS; OR (C) ALL FEATURES (INCLUDING BUT NOT LIMITED TO VOICE INPUT, KEYBOARD, OR SPECIFIC BUTTONS) WILL FUNCTION ON DEVICES WHERE THE MANUFACTURER (OEM) HAS RESTRICTED OR DISABLED THIRD-PARTY ACCESS. YOU ACKNOWLEDGE THAT THE APP CANNOT FORCE A DEVICE TO EXECUTE A COMMAND IF THE HARDWARE OR OPERATING SYSTEM DOES NOT SUPPORT IT.
7. LIMITATION OF LIABILITY
7.1. Indirect Damages: IN NO EVENT SHALL THE DEVELOPER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, DEVICE DAMAGE, OR NETWORK ISSUES ARISING FROM YOUR USE OF THE APP.
7.2. Liability Cap: OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID US (IF ANY) TO USE THE APP.
8. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Developer and its affiliates from any claims, damages, liabilities, and expenses (including legal fees) arising from: (a) Your misuse of the App; (b) Your violation of this Agreement; (c) Your infringement of any third-party rights.
9. THIRD-PARTY SERVICES
The App may utilize third-party services, including advertising networks (Google AdMob, Meta Audience Network, AppLovin, Pangle). These services operate under their own Terms of Service. We are not responsible for the content of third-party advertisements or websites linked within the App.
10. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Vietnam. Any disputes arising under this Agreement shall be resolved exclusively in the competent courts of Vietnam.
11. CHANGES TO TERMS
We reserve the right to modify this Agreement at any time. We will notify you of material changes by updating the "Last Updated" date. Your continued use of the App constitutes acceptance of the revised terms.
12. CONTACT US
If you have legal questions regarding these Terms or our Trademark usage, please contact:
- Email: mobi.store99@outlook.com
- Developer Name: KIENMALY MOBI