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Terms of Service

Last updated on February 26, 2021.

Welcome to the AIOTO. Please read carefully the following terms and conditions (“Agreement”) before using the Services offered by AIOTO (“AIOTO” or “we” or "us"). The term “Services” includes, without limitation,

1) AIOTO hardware products (including our AIOTO branded products) (“Products”);

2) the AIOTO websites and any associated subscriptions, content services, accounts, mobile apps, streaming video sites, technical support and services accessible via AIOTO App, and all other services associated with the AIOTO product (collectively referred to as the “AIOTO Websites and Apps”).

By using the Services you agree that you have read and agree to be bound by and are a party to the terms and conditions hereunder to the exclusion of all other terms. You represent and warrant that you are of sufficient legal age in your jurisdiction or residence to use or access the Services and to enter into this agreement. These terms and conditions require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. If you do not agree with any of the provisions of this agreement, you should disconnect your products from your account and cease accessing or use the Services.

1. Age

1) You must be at least 18 years of age to sign up for AIOTO, and by signing up for AIOTO you confirm that you are at least 18 years old. If you are under 18, do not attempt to register for the AIOTO or send any information about yourself to us unless we have received consent from your parent or legal guardian. If we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible.

2) You represent and warrant to us that:

.you are of legal age to form a binding contract;

.all registration information you submit is accurate and truthful; and

.you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

The AIOTO Services are intended for users who are at least 18 years of age or older.

2. Access to the Services

1) Subject to these Terms, AIOTO grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services.

2) AIOTO may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. AIOTO may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You agree that AIOTO will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

3) You may only use the Services and the Products for your own personal, non-commercial use, and not for the use or benefit of any third party, and only in a manner that complies with all laws that apply to you, including but not limited to:

.any laws or regulations relating to the recording or sharing of video or audio content, and/or

.any laws or regulations requiring that notice be given to or that consent be acquired from third parties with respect to your use of the Products or Services.

4) In addition, you agree

.that any Product which takes visual and/or audio recordings will be installed where it does not take any recordings out of your property periphery (including public pavements or roads);

.to display appropriate signs in prominent way notifying other people that audio/visual recording is taken; and

.if you use your property as a workplace, to comply with laws governing the monitoring of employees.

5) If your use of the Service is prohibited by any applicable law, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. Any software component embodied in the Products is licensed to you, and not sold.

6) AIOTO may provide the opportunity for you to interface the products and services to one or more third parties, through and using the Services. You decide whether and with which third party products and services you want to interface. Your explicit consent and authorization is required for this interface and is revocable by you at any time. Once your consent is given for particular third party products and services, you agree that AIOTO may exchange information and control data regarding you and your Products, including your personal information, in order to enable the interface you have authorized. Once this information is shared with the third party products or services, its use will be governed by the third party's privacy policy.

3. Accounts

Certain features or Services offered on or through the Website may require you to open an account. To register, you must provide and maintain accurate information, which may include: (i) your name (ii) your system identification number and (iii) an e-mail address. You agree to provide and maintain accurate and complete user information, and AIOTO may terminate your account if you provide AIOTO with inaccurate or incomplete user information. You also certify that you are legally permitted to use and access the AIOTO Services. These Terms are void where prohibited by law, and the right to access the AIOTO Services is revoked in such jurisdictions.

You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify AIOTO immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by AIOTO or any other user of or visitor to the Website due to someone else using your AIOTO account, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s AIOTO account, password or account at any time without the express permission and consent of the holder of that AIOTO account, password or account. AIOTO cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

4. Third-Party Content

The AIOTO Services give you the ability to access media content controlled by third parties ("Third-Party Content") over which we exercise no editorial or programming control. You understand the following:

.Third-Party Content providers may restrict or revoke access to their content at any time;

.To the extent possible under the governing law, we are not responsible for and have no editorial control over any Third-Party Content; and

.AIOTO has no control over the distribution of Third-Party Content.

You agree that we will have no liability to you or anyone else who uses your AIOTO Products with regard to any Third-Party Content. You also agree and declare that any and all Third-Party Content accessed or transferred using the AIOTO Services is for personal, non-commercial use and that the AIOTO Services will not be used to illegally copy, illegally display, or otherwise make illegal use of Third-Party Content. Generally, authorization from the appropriate rights holder is needed prior to displaying, using, or copying Third-Party Content. Unauthorized copying or distribution of copyrighted works may constitute an infringement of the copyright holders' rights.

We may terminate the accounts of users of any AIOTO Service or software who infringe the copyrights, trademarks, or intellectual property rights of others. In addition, steps intended to defeat or bypass security measures designed to prevent intellectual property infringement may be illegal under U.S. law or comparable foreign laws. We may terminate the AIOTO accounts of users who develop or use methods to defeat or bypass such security measures and may take any other necessary or appropriate action to prevent infringement of intellectual property holders' rights.

5. Changes AIOTO Services

To the extent possible under the governing law, we may, at our discretion and without notice or user permission, change, add, or remove features and functionality of the AIOTO Services. If you are dissatisfied with any material changes to the AIOTO Services during a subscription, you may immediately terminate your use of the AIOTO Services. We are under no obligation to provide any or all features and functionality to your AIOTO Products and may, at our discretion, discontinue the provision of software updates to certain AIOTO Products. Because different AIOTO Products may support different features and functionality, the level of Services we provide may not be the same for each AIOTO Product.

6. Dispute Resolution By Binding Arbitration; Class Action Waiver

You understand and agree that by entering into this Agreement, you and AIOTO are each agreeing to arbitrate all disputes on an individual basis and are therefore waiving the right to trial by jury and to participate in a class action.

BINDING ARBITRATION. To the extent possible under your local law, both you and us agree to arbitrate any and all disputes or claims out of or relating to this Agreement, any AIOTO Services, or your relationship to AIOTO. All disputes concerning whether a claim is subject to arbitration (including disputes about the interpretation, breach, applicability, enforceability, revocability, or validity of this Agreement) shall be finally settled by arbitration referred to the Chinese Arbitration Association, Taipei in accordance with the Association's arbitration rules. The seat of arbitration shall be Taipei, Taiwan. The language of arbitration shall be in English. The arbitral award shall be final and binding upon both parties.

7. Service Eligibility

Use of the AIOTO Services requires that your AIOTO Products has access to an always-on, broadband internet connection. To enable the AIOTO Services all AIOTO Products must be registered at AIOTO apps, such as the official AIOTO iOS and Android apps.

System Requirements. The Services will be accessible with: an AIOTO account; always-on broadband Internet access with bandwidth sufficient to support the AIOTO hardware products you use; and a phone.

AIOTO is not obligated to make any updates available. AIOTO does not guarantee that it will support the version of the system or device for which you purchased or licensed the software, apps, content, or other products. AIOTO may stop supporting devices or operating systems that it previously supported.

8. Member Conduct

1) You understand that all information, data, text, software, photographs, video, messages, tags, feedback, comments, questions, other information, or materials ("Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not us, are entirely responsible for all Content that you capture, upload, post, email, transmit, or otherwise make available via the AIOTO Services.

2) We do not have an obligation to monitor or control the Content posted via the AIOTO Services and, as such, do not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will we be liable for any Content, including but not limited to the following circumstances:

.any errors or omissions in any Content;

.any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the AIOTO Services including viewing, copying, or redistribution of the Content;

.loss or destruction of Content; or

.failure to comply with any and all applicable federal, state, and local laws with respect to use of the AIOTO Services including but not limited to laws related to closed-circuit television monitoring for any purpose and recording communications.

3) You also understand that we do not guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we do not guarantee the authenticity of any data that users may provide about themselves. We do not control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the AIOTO Services.

4) You agree not to use the AIOTO Services to do the following:

.infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;

.upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or that contains any private or personal information of another person without that person’s legally required consent;

.harm any person in any way;

.impersonate any person or entity;

.jeopardizes the security of your AIOTO account or anyone else’s (such as allowing someone else to log in to the Services as you;

.attempts, in any manner, to obtain the password, account, or other security information from any other user;

.forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the AIOTO Services;

.upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

.upload, post, email, transmit, or otherwise make available any Content that infringes or misappropriates any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party or that contains viruses, corrupted data, or other harmful, disruptive, or destructive files or content;

.upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail, "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

.interfere with or disrupt the AIOTO Services or servers or networks connected to the AIOTO Services (including without limitation denial-of-service attacks) or disobey any requirements, procedures, policies, or regulations of networks connected to the AIOTO Services;

.intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ and any regulations having the force of law;

."stalk" or otherwise harass another;

.or use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from the AIOTO Services;

.develop or use any applications that interact with the AIOTO Services without our prior written consent;

.or use any non-AIOTO branded device with any AIOTO Productcomponent unless we have specifically designated it as compatible.

5) Our personnel do not view your private photographs or videos without your permission unless compelled by law, but you agree that the Company and its designees will have the right (but not the obligation) in their sole discretion to screen and/or remove Content that is made, or attempted to be made, publicly available via the AIOTO Services. We may also refuse or remove Content from the AIOTO Services that may violate the Terms, such as those prohibitions listed in Section 8.

6) Without limiting the foregoing, we will have the right at any time to remove any Content that violates these Terms, is illegal, or that we believe may be illegal or inappropriate (including, but not limited to, removal upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.

7) You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. You acknowledge, consent and agree that AIOTO may access, preserve, and disclose your account information and/or Content if required to do so by law or in a belief that such access, preservation, or disclosure is reasonably necessary to

.comply with legal process, including without limitation subpoenas and search warrants

.enforce these Terms

.respond to claims that any Content violates the rights of third parties

.respond to your requests for customer service or

.protect the rights, property or personal safety of AIOTO, its users and the public.

8) You understand that the technical processing and transmission of the AIOTO Services, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

9) You understand that the AIOTO Services and software embodied within the AIOTO Services may include security components that permit digital materials to be protected and that use of these materials is subject to usage rules set by the Company and/or content providers who provide content to the AIOTO Services. AIOTO may require certain security safeguards in order to use the AIOTO Services, such as two-factor authentication.

10) You may not attempt to override or circumvent any of the usage rules embedded into the AIOTO Services. Any unauthorized or illegal reproduction, publication, further distribution or public exhibition of the materials provided on the AIOTO Services, in whole or in part, is prohibited.

9. Content submitted or made available for inclusion on the AIOTO Services

AIOTO does not claim ownership of Content you submit or make available for inclusion on the AIOTO Services. Nevertheless, with respect to Content (including all related intellectual property rights) you submit or make available for the AIOTO Services, you grant AIOTO the following worldwide, royalty-free, nonexclusive, perpetual, irrevocable, sublicenseable, and transferable license(s), as applicable: the license to use, distribute, reproduce, modify, adapt, make derivative works of, publicly perform, and publicly display such Content on the AIOTO Services and other third-party platforms solely in connection with providing you the AIOTO Services, as permitted through the functionality of the AIOTO Services and under these Terms. You grant AIOTO the right to maintain a copy of the Content (including all related intellectual property rights) for archival and legal purposes.

You also hereby do and shall grant each user of the AIOTO Services a non-exclusive license to access and use your Content through the AIOTO Services, as solely permitted through the functionality of the AIOTO Services and directed by you and under these Terms.

When you use a third-party application, the application may ask for your permission to access your AIOTO content and information to enable the application to work as intended. Your agreement with the provider of that application will control how the application can use, store, and transfer that content and information, so be sure to thoroughly read any such application’s terms of service and only use applications from trusted providers.

For clarity, the foregoing license grants to the Company do not affect your ownership of or right to grant additional licenses to the material in your Content, unless otherwise agreed in writing.

10. Fees and Payments

1) Certain aspects of the Services may be provided for a fee.

2) Subscription Services Fees. Some AIOTO services require an ongoing subscription that will continue until you cancel, or we terminate, the related Service.

3) You agree to pay your subscription fee in advance.

4) Your subscription period is stated in your AIOTO subscription plan, which you may view by logging into your account.

5) Your subscription fee will cover the AIOTO Services provided in your AIOTO subscription plan.

6) If for any reason you need to reactivate a terminated subscription you may be charged a reactivation fee that will be disclosed to you prior to the levy of the reactivation fee.

7) We may offer multiple subscription plans with varying levels and Services.

8) AIOTO reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.

9) Any fees paid for Services are non-refundable.

10) We may suspend or terminate your AIOTO Services without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks the return of payments previously made to us for AIOTO Services.

11) You agree we may charge interest on all amounts due that remain unpaid for 30 days or more. The monthly interest will equal 1.5% of the past due amount or the highest rate allowed by law, whichever is less, until the past due amount and interest is paid. Such rights are in addition to and not in lieu of any other legal rights or remedies available to AIOTO. We may refer your account to a third party for collection in the event of ongoing default.

11. Fees and Payments

1) The AIOTO Services require the use of a broadband internet connection.

2) You are responsible for any service charges for your internet connection or data plan incurred as a result of using or accessing the AIOTO Services and acknowledge and agree that you will be solely responsible for all disputes with any internet service or cell phone provider relating to same.

3) In particular, streaming and viewing recorded videos and the use of the apps may incur extra and substantial charges on devices that use a data plan.

4) We are not responsible for and do not make any assurances about the availability, functionality, or cost of any broadband internet connection or other data plan.

12. Termination of Service

1) You may request termination of your account and your right to use the AIOTO Services at any time without limitation. Any unused AIOTO Services fees, including subscription fees, may not be refundable under this method of termination.

2) Upon termination of your account, certain information may not immediately be deleted from AIOTO's or its agents’ systems, including without limitation log entries, diagnostics, analytics coming from devices tied to the user, transaction details of the account, or information subject to search warrant, subpoenas, or other legal process.

3) Notwithstanding anything to the contrary in these Terms, we retain the absolute right to immediately terminate your account if the subscription charges are refused for any reason, if you breach any provision of these Terms, if you misuse the AIOTO Services, and/or if you alter your AIOTO Product or use the AIOTO Services or software in such a manner as to infringe upon the intellectual property rights of AIOTO and/or its subsidiaries and affiliates or any third party.

4) All provisions of these Terms which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

13. Title to Software, Copyright, Trademarks and other Intellectual Property

1) You may need to use certain software programs in your AIOTO Product to use or have full access to certain features of the AIOTO Services.

2) You are required to accept and use the software included in your AIOTO Product at the time of purchase and other software programs that may be delivered to your AIOTO Product by AIOTO from time to time.

3) The Company and/or its subsidiaries, affiliates, and licensors retain title to and ownership of all the software for the AIOTO Product and certain intellectual property rights in the AIOTO Product.

4) We and/or our affiliates also retain ownership of all AIOTO copyrights and trademarks.

5) In the case of third-party software delivered by the Company and/or its subsidiaries and affiliates to the AIOTO Product, the applicable third party retains title to and ownership of its software, copyrights, and trademarks.

6) Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute publicly perform, publicly display, copy, or use for other purposes the AIOTO Product or the software of the AIOTO Product is strictly prohibited, unless such prohibition is not allowed under the applicable law.

7) Any unauthorized use of the words or images on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

14. Links

1) We welcome links to this Website. You can link your site to ours using our suggested link copy, or create your own. However, we do not wish to be linked to or from any third-party web site or link which contains:

.any information that misrepresents the nature of your relationship with our organization, or incorrect facts or data about our organization; or any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of AIOTO;

.any material or information of any kind, which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons;

.any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights.

2) We reserve the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

3) We do not monitor or review the content of other party’s websites which are linked to from this Website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material.

4)Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this Website or accessed through this Website yourself, before disclosing any personal information to them.

5)AIOTO will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

15. Special admonitions for international use

Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or from the country in which you reside.

16. Indemnity

You agree to defend, indemnify, and hold harmless AIOTO and its subsidiaries and affiliates from and against any and all claims, proceedings, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees), including but not limited to, claims alleging negligence, invasion of privacy, copyright infringement, and/or trademark infringement against AIOTO and its subsidiaries and affiliates or the AIOTO Services, relating to or arising out of your breach of any provision of these terms, your misuse of the AIOTO Services, or your unauthorized modification or alteration of AIOTO products or software.

17. Indemnity

To the extent possible under governing law, other than our limited hardware warranty for the AIOTO devices, you understand and agree that the AIOTO Services are provided on an "as is" and "as available" basis. We make no warranty that the AIOTO Services will meet your requirements or that use of the AIOTO Services will be uninterrupted, timely, secure, or error-free nor do we make any warranty as to the accuracy or reliability of any information obtained through the AIOTO Services (including third party content), that any defects in the AIOTO Services will be corrected, or that the AIOTO products or AIOTO services will be compatible with any other specific hardware or service. Further, we do not warrant that the AIOTO Services or the AIOTO servers that provide you with data and content are free of viruses or other harmful components. We also assume no responsibility for and shall not be liable for any damages caused by viruses that may infect your AIOTO base station, computer software, or other hardware.

You agree that we are not an insurer and that we are not providing you with insurance of any type. Any amounts that you pay us for the AIOTO Services are not insurance premiums and are not related to the value of your property, anyone else’s property located in your premises, or any risk of loss at your premises. If you want insurance to protect against any risk of loss at your premises, you will purchase it. In the event of any loss, damage, or injury, you will not look to us to compensate you or anyone else. You release and waive for yourself and your insurer all subrogation and other rights to recover against AIOTO arising as a result of the payment of any claim for loss, damage, or injury.

Our Products and Services do not cause and cannot eliminate occurrences of certain events, including, but not limited to, fires, floods, burglaries, robberies, and medical problems. AIOTO makes no guaranty or warranty, including any implied warranty of merchantability or fitness for a particular purpose, that the AIOTO Products and services provided will detect or avert such incidents or their consequences. AIOTO does not undertake any risk that you or your property, or the person or property of others, may be subject to injury or loss if such an event occurs. The allocation of such risk remains with you, not us.

Other than as stated in our limited hardware warranty for AIOTO devices, we and our suppliers disclaim all warranties of any kind, whether express, implied, or statutory, regarding the AIOTO Services, including any implied warranty of title, merchantability, fitness for a particular purpose, or noninfringement of third-party rights. Because some jurisdictions do not permit the exclusion of implied warranties, the last sentence of this section may not apply to you. AIOTO hereby further expressly disclaims all liability for any claims for service failures that are due to normal product wear, product misuse, abuse, product modification, improper product selection, or your non-compliance with any and all applicable federal, state, or local laws. Our limited hardware warranty gives you specific legal rights, and you may have other rights that vary by state, province, or country. Other than as permitted by law, AIOTO does not exclude, limit, or suspend other rights you have, including those that may arise from the nonconformity of a sales contract. For a full understanding of your rights you should consult the laws of your state, province, or country.

18. No resale of AIOTO Services

You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes any portion of the AIOTO Services (including your AIOTO ID), use of the AIOTO Services or access to the AIOTO Services.

19. Notice

We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, text message, postings, or updates to the AIOTO Websites and Apps or other reasonable means now known or hereinafter developed.

20. No third-party beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms.

21. Limitations of AIOTO's liability

Under no circumstances will we be liable in any way for any Content, including, but not limited to, the loss of Content, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the AIOTO Services.

Subject to the exceptions stated at the end of this section, our liability for damages, especially for breach of duty or obligation, delay in performance, non-performance, or malperformance shall be precluded, except when these are due to negligent breaches of any significant contractual duty or obligation on the part of AIOTO. Any liability for negligence is limited to direct losses usually and typically foreseeable in such case. Should the claim for damages be based on willful or grossly negligent breach of contractual duty or obligation on the part of AIOTO, the preclusion and limitation of liability mentioned in the preceding sentences will not apply. The preceding preclusion and limitation of liability will also not apply to claims for damages arising out of loss of life, bodily injury, or health impacts for which we may be liable, or for non-contractual liability.

Some states and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Additionally, this provision is not intended to limit our in the event of our willful or intentional misconduct. Moreover, if we mistakenly or wrongfully overcharges your account, this section does not limit our ability to refund such mistakenly or wrongfully overcharged amounts.

The limitations set forth in this section will not limit our liability for personal injury, death, or property damage caused by the AIOTO devices or for the gross negligence, fraud, or intentional, willful, malicious, or reckless misconduct of AIOTO.

22. Update to this Term

We may update this Term of Services from time to time. Any changes to these terms and conditions will be effective immediately upon posting of the changed terms and conditions on the Website. You agree to review these terms and conditions periodically, and use of the Website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed.

23. Choice of Law

To the extent possible under your local law, these Terms and the relationship between you and AIOTO will be governed by the laws of the Republic of China (Taiwan) without regard to its conflict of law provisions.

23. Contact Us

If you have any questions, please contact us at: