Shokz App User Agreement
Date published: April, 2024
Effective date: April, 2024
Last modified: April, 2024
This User Agreement (hereinafter referred to as “the Agreement”) is a legal agreement between you and one of the Shokz family of companies as listed below (hereinafter referred to as “Shokz”, “we”, “us” and “our”). The Agreement applies to Shokz’s mobile application software (collectively referred to as “the Service” or “the Software”), launched in the People’s Republic of China, Hong Kong SAR(China), Taiwan(China), the United States of America, the United Kingdom, the European Union, Japan, South Korea, Singapore, Australia and other countries or regions, including links to the Agreement.
Your use of the Services provided by this Software signifies that you have carefully read and fully understood the content of the Agreement, and agree to be bound thereby. If you do not accept the terms of the Agreement, then you must immediately cease accessing or using the Service.
If the user of the Service is a minor, then the user must have a legal guardian present to review the Agreement with them, so as to ensure that the user and their legal guardian fully understand the content of the Agreement.
1 About Us
The Services provided relating to the Agreement are offered and operated by Shokz family of companies as listed below:
· If you live in European countries, the Agreement is between you and AfterShokz Euro B.V., and the Services are controlled and operated by AfterShokz Euro B.V., Schipholweg 103, 2316XC Leiden, The Netherlands.
· If you live in the United States or Canada, the Agreement is between you and AfterShokz LLC , and the Services are controlled and operated by AfterShokz LLC, 3200 Gracie Kiltz Lane, Suite 400 Austin, TX 78758, The USA.
· If you live in Mainland China, the Agreement is between you and Shenzhen Shokz Co., Ltd., and the Services are controlled and operated by Shenzhen Shokz Co., Ltd., Floors 1-4, Factory Building 26, Shancheng Industrial Park, Shixin Community, Langxin Community, Shiyan Street, Bao'an District, Shenzhen, Guangdong, China.
· If you live anywhere else, the Services are controlled and operated by Shokz Holding Limited, Room 2603A, 26/F., Tower 1, Lippo Centre, 89 Queensway, Admiralty, Hong Kong, China.
2 Software License Scope
2.1 Shokz grants to individual users a limited, non-transferable and non-exclusive license, for the user to use this software on a personal mobile device, and the user does not possess license re-authorization rights.
2.2 The Agreement complements and incorporates the terms and conditions of application sites (including but not limited to the Apple Store, Google Play Store and Android Market). Shokz grants you non-transferable limited license, subject to conditions and limitations of these third-party sites. If such third-party terms and conditions conflict with the Agreement, then the Agreement shall prevail only within the scope of the Software.
2.3 Users are not permitted to install, use or execute this Software for commercial purposes. If you need to sell, copy or distribute software for commercial purposes, such as mobile application pre-installation and sales, then you must first obtain written authorization and permission from Shokz.
2.4 The user may install, use, display and execute the software on a single mobile terminal device for non-commercial purposes. The user may not copy, modify or circumvent any data of the Software, any device memory data transmitted by the software, or software interaction data between the client and the server generated during execution. The user may not apply plug-ins to the Software, or create any derivative work in any form (including but not limited to plug-ins), or access software and related systems through unauthorized third-party tools or services.
2.5 Except as expressly authorized by Shokz, no other rights are granted to the user. If the user intends to use any other rights, written consent from Shokz must be obtained in advance.
3 Software Installation and Upgrade
3.1 The user must download and install the software from the website designated by Shokz, or in a manner designated by Shokz. Please be careful not to download the Software from non-designated websites, so as to prevent mobile devices from being infected with malware that may destroy user data and leak user privacy data. If you obtain the Software or an installation program with the same name as the Software from a third party not authorized by Shokz, then Shokz cannot guarantee its normal use, and Shokz will not be liable for any losses thereby resulting.
3.2 The user must select the software version that matches the installed terminal device. Otherwise, any software problems, device issues or damage caused by the software version inconsistent with the device model will be borne by the user. Also, in order to use the App’s functions, it is necessary to keep the built-in software of some devices in the latest version, otherwise Shokz cannot guarantee that the App works.
3.3 In order to improve user experience and optimize service content, Shokz reserves the right to provide software replacements, modifications and upgrades. The software defaults to enable the “upgrade prompt” function for users. According to the software version used by the user, Shokz allows the user to decide whether to enable the above features. After the new version of the Software has been released, Shokz does not guarantee that the previous version of the Software will continue to be supported.
4 Account Registration and Use
4.1 You may need to create an account in order to use some of the services included in the Service. In this case, you must choose a user name and password, and provide us with other information such as phone number, email address, country and region.
4.2 It is your responsibility to ensure the security and confidentiality of your password. Through account registration, you agree to take full responsibility for all activities that occur under your username and password. If there is any change in your user information, you must update it immediately.
5 Information Provided by Users
5.1 User guarantee:
5.1.1 The information provided by users must correct, complete, true and legitimate, and must not include any content which is false, fraudulent, harassing, libelous, injurious, defamatory, abusive, threatening, vulgar or obscene, or otherwise violates the law, public order and morals or social ethics. The information must not include harmful data such as viruses or malware programs that endanger the security, integrity, stability and continuity of the network or computer system. Any loss caused due to the authenticity and legality of the information provided by the user or a third party shall be borne by the user.
5.1.2 Users must provide other users with complete, independent rights information to the user to ensure that Shokz operates in accordance with the Agreement. The use of user-specified information will not infringe any third party’s copyright or other legal rights, and will not violate users with any third-party Agreement.
5.2 If the user provides information that violates clause 5.1.2, or Shokz has reason to believe that that this is the case, then the Shokz user has the right to refuse use of the Service. Shokz is not responsible for any user’s inability to obtain information from the Service or other services due to such a situation.
5.3 Shokz will protect the user’s personal information provided by the user in accordance with the “Shokz App Privacy Policy”.
6 Use
6.1 You agree to use the Software required in compliance with all applicable laws, including local laws regarding download or use of software and services in the country or region where you reside. You may not use the Software for any illegal or prohibited purposes in the Agreement, nor may you use the Software or its content to infringe the legitimate rights and interests of other organizations or individuals. The functions of this Software may not be available in all languages or in all regions, and some functions may vary from region to region.
6.2 You may not use automated equipment, procedures, methods, or algorithms, or any similar or equivalent manual processes, to access, obtain, or monitor any content, structure or presentation form of the Software. You may not intentionally provide any means by which to obtain or attempt to obtain any materials, manuscripts or information from the Software. Shokz reserves the right to prohibit any such activities. You may not attempt in any way illegal, unauthorized access to the Service any content or use any of the Service. You may not launch any form of network attack on the Service.
6.3 Shokz always reserves relevant information disclosure rights to disclose necessary information, so as to comply with any applicable laws, regulations, legal procedures or government requirements. When Shokz believes that such disclosure is required or permitted by applicable laws, then Shokz may also disclose your information, including exchanging information with other companies and organizations for fraud protection purposes.
6.4 You acknowledge and agree that Shokz has the right to retain your present service and any transmission or communication between Shokz, and disclosure of such data in the following cases: (1) should Shokz be required by law to do so, or if Shokz has sufficient reason to believe that only by doing so can it reasonably comply with legal procedures; (2) to execute the terms of this Use Agreement; (3) to respond to claims that such data infringement or the rights of others; or (4) to protect the rights, property or personal safety of Shokz, its employees, this mobile application or visitors, and the public.
6.5 If Shokz believe you have violated this Use Agreement or other guidelines related to use, Shokz may, without prior notice, terminate your Service access, and/or prevent you from accessing the Service in the future. In the case of any violation of the Agreement that constitutes unlawful and unfair business practices, resulting in monetary damages or irreparable harm made to Shokz, then Shokz may take pursue the necessary or appropriate injunctions or equivalent solutions. These solutions are in addition to any other solutions Shokz is entitled to under the existing law, and for any other compensation Shokz is entitled aside from economic compensation, Shokz also reserves the right to recover the relevant amount, and you agree to pay all reasonable attorney’s fees and litigation costs. You agree that Shokz will not be liable to you or any third party in the event that your access to the Service is terminated due to violation of the Agreement.
6.6 You agree to comply with all applicable export and re-export restrictions and regulations of the area or country in which you reside, and not to transfer, or authorize the transfer, of the App to a prohibited country or otherwise in violation of any such restrictions or regulations.
7. Third Party Links
The Service may provide information and content provided by a third party or access to a third-party website link. All content provided by a third party is considered third-party content. Shokz is not responsible for the content, its authenticity, accuracy, or the availability and reliability of third-party websites, security or other aspects, and any other aspects beyond our control (including any rights), nor to make any agreements, guarantees or statements, and are not responsible for any consequences arising from your use of such third-party content. Your access to and use of such third-party content is at your own risk.
8 Intellectual Property
8.1 All content contained in the Service, including but not limited to text, images, music, video, animation, trademarks, patterns, charts, visual interfaces and computer coding (collectively known as “the Content”), related to intellectual property rights owned by Shokz or which Shokz is legally authorized to use. Unless otherwise expressly provided in writing, without Shokz’s prior written consent, any content related to the Service may not be copied, modified, disseminated, distributed, reprinted, played, disassembled, reverse engineered, decompiled, or modified in any way, including weblink connection or transmission, storage in the information retrieval system, or any other use.
8.2 All trademarks and logos used and displayed on the Service belong to Shokz or its licensors. Any content contained in the Service must not be regarded as granting the permission or right to use any of the aforementioned trademarks and logos without the written permission of Shokz or other parties, by implication, no objection, or other forms. Without prior written permission, no one may use Shokz’s name or trademarks and logos in any way.
8.3 You agree that the Service after the discovery of any claim infringement of intellectual property claims, immediately notify Shokz. Without permission from Shokz, you will not be permitted to use any marks, logos, product and service names, design, slogan or trademark of Shokz. Without with Shokz’s prior written consent, you are not entitled to use any of Shokz’s intellectual property rights.
8.4 If you violate any of these Terms, your right to use the Service will cease immediately, and you must return or destroy any copies you have made of the material.
9 Privacy
9.1 We respect and are committed to protecting your privacy. For the specific measures we take to protect your personal information, please refer to the “Shokz App Privacy Policy”.
9.2 If you are using a third-party product, any data collected from third-party products are subject to the third party’s privacy statement. We recommend that you carefully read the third party’s privacy statement before using any third-party products. We are not responsible for the collection, acquisition, use, storage, sharing, and other information and data processing behaviors of third parties.
9.3 If you sell, transfer, lease or discard your headset or other link equipment, for your personal information safety, we recommend that you immediately remove all goods and services and personal information contained in a registered account, and log off from the account on all devices. If you have any questions regarding the information clearing and account cancellation, please visit, in the Shokz App: Information-Register your product -Register/Log In-Personal Information-Edit Profile-Delete Account.” You may also contact us by sending an email to customer.service@shokz.com. However, you must bear the corresponding responsibility for the consequences of not clearing your personal information in a timely manner.
9.4 For more privacy and personal information, see the “Shokz App Privacy Policy.”
10. Limitation of Liability
10.1 Regarding the Service and its availability of content contained, continuity, accessibility, Shokz does not provide any form of guarantee, and the service and its content are based on the “current state.” Your use of the Service and any linked websites is entirely your responsibility. If you are not satisfied with the Service in whole or in part, you may cease using all or part of the Service.
10.2 Many products and services which have been released as part of the Software, including but not limited to product features, configuration, parameters, technical specifications, services, etc., may differ depending on the country and region; even the same product, in its at different stages of the product life cycle, as well as its product functions, configurations, parameters, technical specifications, etc., may also be adjusted, and Shokz needs time to complete the update of the corresponding information, so that the product or service information you see is the same as that which you purchased. There may also be differences in the products or services available for purchase.
10.3 You agree to not use the Service for any commercial purposes, and any lost profits, loss of business, business interruption or loss of business opportunity due to such acts and other risks regarding information, will be entirely borne by you.
10.4 Shokz is not responsible for indirect, incidental, special or punitive damages caused to you, nor is Shokz liable for any indirect loss, including but not limited to profits, revenue, data and loss of use.
10.5 In the case that your use of the Service results in any damages or losses, Shokz and its partners will pay full responsibility as outlined by your use of the Service or functions related to subscription fees or similar charges reaching the upper limit. Some jurisdictions do not allow limitation of liability, thus the foregoing limitation may not apply to you.
11. Force Majeure and Third-Party Causes
Shokz will fulfill its obligations in accordance with the law, but Shokz is not liable for failure to fulfill the agreement due to the following barriers, defective fulfillment, delayed fulfillment or performance of content changes and other circumstances:
(1) Force majeure factors such as natural disasters, strikes, riots, wars, government actions, judicial administrative orders, etc.;
(2) Public service factors such as power supply failures, communication network failures, or any hacker attack, virus intrusion, shielding of illegal content information, harassing information, government control, and any other network, technology, communication line, and information security management measures circumstances resulting in not meeting your requirements, such as service interruption or obstruction;
(3) Despite Shokz’s best efforts to manage them, factors such as routine or emergency equipment and system maintenance, equipment and system failures, network information and data security.
12 Modification and Access
To the extent permitted by law, Shokz reserves the right to alter the content of the Agreement periodically at its own discretion, and you are responsible for regularly reviewing the changes to the Agreement. If you do not accept the revised terms, please cease using the Service immediately. If you continue to use the Service after the altered information has been released, this signifies that you agree to and accept the changes.
13 Applicable Law
13.1 The conclusion, execution, interpretation and dispute resolution of the Agreement shall be governed by Hong Kong law, except in cases of conflicting legal rules.
13.2 If there is any dispute between the parties on the content of the Agreement or its implementation, then the parties shall try their best to resolve through friendly negotiation; if the negotiation fails, either party can submit a claim to the Hong Kong International Arbitration Center (HKIAC), which is valid at the time of arbitration by the Hong Kong International Arbitration Center.
13.3 Notwithstanding the foregoing, if the foreign judicial competent jurisdiction of any district court rules that Hong Kong law does not apply to the Agreement, then the parties agree that the Agreement is governed by first-time users to obtain the software foreign jurisdictions according to local constraints.
14 Others
14.1 The headings of the terms of the Agreement are for ease of reference, and are to be ignored in the interpretation of the Agreement.
14.2 Each individual clause of the Agreement is to be interpreted separately. If any court or related agency rules that any content of the Agreement is illegal or unenforceable, then the remaining content remains fully valid.
14.3 This Agreement constitutes the entire agreement between you and Shokz governing your use of the Software and supersedes any prior agreements between you and Shokz relating to the use of the Software. You may also be subject to additional terms and conditions that may apply when you use or purchase open source software, third-party content, or other Shokz services.
15 How to Contact Us
If you have any questions regarding the Agreement, please feel free to reach out to us. You may email us at customer.service@shokz.com. For more information, on our App, please visit the “Information-About Shokz” page.
