Terms of Service

Terms of Service

These Terms of Service (the “Terms”) govern your use of all available Uthus Limited Services and Apps (Uthus Limited), so please read them carefully before using Uthus Limited.

In this document, we use Uthus Limited to refer our apps on iOS App Store, Google Play Store and Huawei App Gallery.

By using Uthus Limited, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use Uthus Limited. If you are using Uthus Limited on behalf of an organisation (such as your employer), you are agreeing to these Terms for that organisation, and are indicating that you have the authority to bind that organisation to these Terms. In that case, “you” and “your” will refer to that organisation.

We may revise the Terms from time to time. Changes may be posted within our Apps, so please check that regularly.

Auto Renewing Subscriptions

Subscription Services

Certain Uthus Limited Apps on the Apple App Store, Google Play Store and Huawei App Gallery will allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be for example weekly, monthly, yearly or lifetime) may be processed in the application, by third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple, Google or Huawei). Free trial subscriptions may be cancelled at any point up to 24 hours before the expiry of the free trial (Apple) or at any time before the end of the trial period (Google/Huawei). You can cancel a subscription service at any time during the subscription period via the subscription settings in your iTunes, Android or Huawei account. The cancellation will take effect after the last day in the relevant subscription period. You can find further information on cancelling orders and any associated refunds on the website of the third party re-seller from whom you purchased the app (for example, the Apple App Store, the Google Play Store or the Huawei App Gallery).

Trial Periods

Certain of our subscription services on the Apple App Store, Google Play Store or the Huawei App Gallery may from time to time be offered for a fixed period of time on a free-trial basis. You are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes, Android or Huawei account.

Your Information and Responsibilities

 ▪ To use Uthus Limited, you optionally can create an account, either via Uthus Limited or through your account with a third-party service such as Google or Apple. In the latter case, your Uthus Limited account will be created using the information you provided to that service, such as your name and email address and other personal information that your privacy settings on that service permit us to access.

 ▪ You may use Uthus Limited only if you are 13 years or older and are not barred from using Uthus Limited under applicable law.

 ▪ You are responsible for safeguarding the password that you use to access Uthus Limited. You are responsible for any activity on your account, whether or not you authorised that activity. You should immediately notify Uthus Limited of any unauthorised use of your account.

 ▪ By using Uthus Limited, you provide us with text, graphics, images and other information (“your content”). You retain full ownership to your content. Uthus Limited does not claim any ownership rights to your content. However, you are also solely responsible for your content. You indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Uthus Limited Intellectual Property Rights

Uthus Limited and its licensors exclusively own Uthus Limited, including all associated intellectual property rights.

You acknowledge that Uthus Limited is protected by copyright, trademark, and other laws of Hong Kong, Vietnam, the United States and other foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying Uthus Limited.

Uthus Limited grants you a limited, non-exclusive, non-transferable license to view, copy, and display Uthus Limited solely in connection with your permitted use of Uthus Limited.

General Prohibitions

You agree not to do-or attempt to do-any of the following:

 ▪ Probe, scan, or test the vulnerability of any Uthus Limited system or network or breach any security or authentication measures;

 ▪ Access, tamper with, or use non-public areas of Uthus Limited, Uthus Limited’s computer systems, or the technical delivery systems of Uthus Limited’s providers;

 ▪ Decipher, decompile, disassemble or reverse engineer any of the software used to provide Uthus Limited;

 ▪ Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming, or mail-bombing Uthus Limited

 ▪ Access or search Uthus Limited or download any intellectual property from Uthus Limited through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than our publicly supported interfaces;

 ▪ Plant malware or use Uthus Limited to distribute malware;

 ▪ Send any unsolicited communications, promotions, advertisements or spam;

 ▪ Send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;

 ▪ Post or transmit anything that is fraudulent or misleading, or that infringes on others’ rights;

 ▪ Impersonate or misrepresent your affiliation with any person or entity;

 ▪ Violate the privacy of others;

 ▪ Violate any applicable law or regulation; or

 ▪ Encourage or enable any other individual to do any of the above.

Although we’re not obligated to monitor access to or use of Uthus Limited or your content or to review or edit any of your content or the intellectual property of other Uthus Limited users, we have the right to do so for the purpose of operating Uthus Limited, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any of your content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of your content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects Uthus Limited. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

DMCA/Copyright Policy

We respect copyright law and expect you to do the same. It’s our policy to terminate those accounts that repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that an Uthus Limited product infringes your copyright, please contact Uthus Limited copyright agent at support@uthus.vn

Termination

We may suspend or terminate your access to and use of Uthus Limited, at our sole discretion, at any time and without notice to you. For example, we may suspend or terminate your use if you are not complying with these Terms, or use Uthus Limited in any way that would cause us legal liability or disrupt others’ use of Uthus Limited. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. You may cancel your account at any time by sending an email to support@uthus.vn.

Warranty Disclaimers

Uthus Limited OR OUR LICENSORS’ INTELLECTUAL PROPERTY ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND.

WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT Uthus Limited WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY OF OUR INTELLECTUAL PROPERTY.

Indemnity

You will indemnify and hold harmless Uthus Limited and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of Uthus Limited or our licensors’ intellectual property; (ii) your content; or (iii) your violation of these Terms.

Limitation of Liability

NEITHER Uthus Limited NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING Uthus Limited, INCLUDING OUR LICENSORS, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE Uthus Limited OR OUR LICENSORS’ INTELLECTUAL PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Uthus Limited HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL Uthus Limited’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE Uthus Limited OR TO ACCESS YOUR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO Uthus Limited FOR USE OF Uthus Limited OR TWENTY DOLLARS ($20), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Uthus Limited, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Uthus Limited AND YOU.

Governing Law

These Terms and any action related thereto will be governed by the laws of the Hong Kong and Vietnam without regard to its conflict of laws provisions.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Uthus Limited and you regarding Uthus Limited, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Uthus Limited and you regarding Uthus Limited, except that if you become a party to Uthus Limited’s Business Agreement, either before or after reviewing these Terms, the terms and conditions of the Business Agreement will govern over any conflicting provisions herein. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Uthus Limited’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Uthus Limited may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Uthus Limited under these Terms, including those regarding modifications to these Terms, will be given: (i) by Uthus Limited via email; or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Uthus Limited’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Uthus Limited. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

You may contact us with questions, comments, or concerns about our services and these Terms of Service by submitting your requests or inquiries as detailed below:

Our Uthus Limited support team can be contacted support@uthus.vn