Terms of use

These Terms of Use (these “Terms”) apply to your access and use of the services, applications, utilization of Neovo Manager associated with these Terms (collectively, the “Services”), which are owned and operated by AG Neovo and/or its affiliates.

These Terms are important and affect your legal rights, so please read them carefully.

BY ACCESSING OR USING THE SERVICES, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services, or otherwise. If you are using the Services on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.

1. ELIGIBILITY

The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of at least 18 years of age.

2. GRANT OF LICENSE

Generally, licenses for accessing and using the Services are granted on a hardware-bound and one-year basis. If the associated hardware becomes inactive or disconnected during the one-year license period, you may apply for a suspension of up to another one-year period. The license term will pause during the approved suspension period.

3. ACCESSING THE SERVICES AND ACCOUNT SECURITY

To access the Services, you may be requested to provide certain user information or other details. It is a condition of your use of the Services that all user information you provide on the Services is correct, current, and complete. You agree that all information you provided, including but not limited to through the use of any interactive features on the Services, is governed by these Terms, and you consent to all actions we take necessary with respect to your information consistent with these Terms.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity for your account’s safety. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You also agree to ensure that you exit from your account at the end of each session and use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our reasonable discretion for any violation of these Terms.

4. RESERVATION OF RIGHTS AND OWNERSHIP

We reserve all rights not expressly granted to you in these Terms. The Services are protected by copyright and other intellectual property laws and treaties of all content, features and functionality (including but not limited to all information, code, content, drawings, graphics, metadata, meta tags, marking information, page format and style, pictures, phrases, product descriptions, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, the compilation of all of the foregoing and all intellectual property rights and goodwill associated therewith) available through the Services, or otherwise provided to you by or on our behalf through the Services (collectively, the “Services Content”); provided, however, that the Services Content excludes your Personal Data (as defined below) or the information, comments, photos, images, video, data, text, and other content that you may post, upload, store, share, send or display on the Services (“Your Content”).

We reserve the right to adjust, modify, or suspend the Services and/or the Services Content in whole or in part, in any manner in our reasonable discretion, with or without notice. You acknowledge and agree that the Services and the Services Content are licensed, and not sold, to you under these Terms.  You do not acquire any ownership interest in the Services and/or the Services Content, or any other rights thereto other than to use the same in accordance with these Terms, and subject to all terms, conditions and restrictions under these Terms.

You shall not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of, the Services, or modify or disable any features of, or translate, adopt or otherwise create derivative works, whether or not patentable, based on the Services Content, or combine or incorporate the Services and/or the Services Content or any part thereof with other programs other than those furnished or expressly approved by us in written. You may not rent, lease, lend, sublicense, or provide commercial hosting services with the Services and/or the Services Content. In addition, you may not use the Services and/or the Services Content for purposes of competitive analysis of the Services, the development of a competing software product or service, or any other purpose that is to our commercial disadvantage. This includes capturing still images, video, and/or audio while interacting with the Demo Software.

5. PERSONAL DATA

We respect the privacy of you and all our users. The Personal Data we collect through the Services is subject to our Privacy Statement. Please refer to our Privacy Statement, which explains how we collect, use, and disclose your information.

“Personal Data” means any information that can be used to identify you, either alone or in combination with other information. However, the Personal Data does not include aggregate information or other anonymized information (including metadata) collected by us that cannot be used to identify you, even if such information was derived from your Personal Data.

6. YOUR CONTENT

Your Content that you post to or create through the Services is considered non-confidential and non-proprietary. You grant us and our affiliates, our third-party service providers, and our retail partners and any person acting on our or their behalf (collectively and including us, the “Licensed Parties”) a perpetual, non-exclusive, non-revocable, royalty-free, fully paid-up, worldwide right to adapt, modify, create derivative works, display, distribute, disclose, sublicense, assign, use, and commercialize Your Content in any manner and in any media without obligations to you. Your use of the Services constitutes your consent to allow us to use and store Your Content.

You hereby represent and warrant that (i) you own all rights in and to Your Content, (ii) you have permission from all person(s) appearing in Your Content to grant the rights granted herein; (iii) you are over the age of 18, and (iv) the Licensed Parties’ use of Your Content as described herein will not violate the rights of any third party or any law. You hereby release, discharge, and agree to hold the Licensed Parties harmless from any liability related in any way to the Licensed Parties’ use of Your Content.

You understand and acknowledge that you are responsible for Your Content, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We cannot and do not undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in these Terms.

If Your Content contains Personal Data, we will treat such Personal Data in accordance with our Privacy Policy.

7. SUBSCRIPTIONS

If you subscribe to the Services, the payment terms, renewal methods, and invoicing matters will follow the actual purchase process and may vary depending on your local jurisdiction.

In principle, we will issue tax-compliant invoices or receipts according to applicable laws (e.g., electronic invoices in Taiwan, VAT invoices in Europe, or commercial receipts in the United States).

We also offer a free trial program, if applicable, which can support up to 20 devices and includes essential features such as:

• Online status monitoring of displays
• Device group management
• Basic control functions for displays (Device Control)

Accessing beyond 20 devices or the use of advanced features, such as task scheduling, bulk device pairing, and detailed reporting, will require a subscription of the Services.

For extended trial periods or other options like our enterprise program, please contact our sales team.

8. OUR USAGE AND STORAGE OF INFORMATION

We may establish standard practices and limits regarding the use of the Services, including the type of user-posted content permitted on the Services, maximum number of days user-created content is displayed, accessible or retained by us or the maximum number of e-mails an account may send or receive and the maximum disk-space allotted to each end user.

We have no liability for the preservation or deletion of any content maintained by the Services or otherwise provided by you to us through use of the Services. We may modify the usage and storage of content and information from time to time, in accordance with applicable law.

9. MONITORING AND ENFORCEMENT

We may monitor your access and use of the Services, and may take any action with respect to Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that Your Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for us.

We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services, and terminate or suspend your access to all or part of the Services.

Without limiting the foregoing, we may fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF OUR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

10. THIRD PARTY APPLICATIONS

Certain third-party applications may be included with the Services. We make no representations whatsoever about any of these third-party applications. Since we have no control over such third-party applications, you acknowledge and agree that we are not responsible for such third-party applications. You expressly acknowledge and agree that use of such third-party applications is at your sole risk and that the entire risk of unsatisfactory quality, performance, accuracy, and effort is with you.

You agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss, including but not limited to any damage to or loss of data, caused or alleged to be caused by, or in connection with, use of or reliance on any such third-party content, products, or services available on or through any such third-party application. You acknowledge and agree that the use of any third-party application is governed by such third-party application provider’s terms of use, license agreement, privacy policy, or other such agreement and that any information or personal data you provide, whether knowingly or unknowingly, to such third-party application provider, will be subject to such third-party application provider’s privacy policy, if such a policy exists.

11. DISCLAIMER OF WARRANTY

THE SERVICES AND SERVICES CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM US, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON- INFRINGEMENT OF THIRD-PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY US OF WARRANTY REGARDING THE SERVICES OR SERVICES CONTENT, OR TO CREATE ANY WARRANTY OF ANY KIND FROM US.

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SERVICES, SERVICES CONTENT, OR ANY THIRD-PARTY APPLICATION, ITS CONTENT OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. NO CLASS ACTIONS AND LIMITATION ON TIME TO FILE CLAIMS

You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

14. INDEMNIFICATION

You agree to access and use the Services only for lawful purposes and in accordance with these Terms, and defend, indemnify and hold us, our affiliates and our respective officers, directors, employees, contractors, agents, licensors and suppliers harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and other costs of defense) resulting from your violation of the applicable laws, these Terms or your use of the Services, including without limitation, any use of the Services Content other than as expressly authorized in these Terms or your use of any information obtained from the Services.

15. INJUNCTIVE RELIEF

You acknowledge that, in the event you breach any provision of these Terms, we will not have an adequate remedy in money or damages. We shall therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request without posting bond. Our right to obtain injunctive relief shall not limit our right to seek further remedies.

16. ASSIGNMENT

You shall not assign these Terms or any of your rights or obligations hereunder (by operation of law or otherwise) without our prior written consent. We may assign these Terms and their rights and obligations without your consent. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors, and permitted assigns.

17. MODIFICATION OF THESE TERMS

We may revise and update these Terms from time to time in our sole discretion. We will notify you when we make changes to these Terms and give you the opportunity to review them before continuing to use the Services. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. You agree that we will not be liable to you for any change or discontinuance, in whole or in part, of the Terms, or the Services.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Services so that you are aware of any changes, as they are binding on you. You further agree to review these Terms periodically and to make yourself aware of these changes.

18. APPLICABLE LAW

These Terms shall be interpreted and governed primarily by the laws of your local jurisdiction, unless otherwise mutually agreed in writing by you and us.

In the event of any dispute arising from the Services, it shall attempt to resolve the matter in good faith.  If no mutual resolution is reached, it shall be submitted to a court of competent jurisdiction.

Where a separate commercial agreement exists, the governing law and jurisdiction specified in that agreement shall take precedence.

19. WAIVER AND SEVERABILITY

No waiver of these Terms by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

20. NOTICES FOR COMPLAINTS

If you have any questions about these Terms, please contact us at: solutions@agneovo.com