1. Definition and General Clauses

Please read these Terms of Service ("Term") carefully before accessing Cubo Application ("Application") operated by Yun yun AI Baby camera Co., Ltd. ("us," "we," "Yunyun," or "Company ").

By accessing and using the Application, you confirm that you have read, understood, and accepted the Term and the Yunyun Privacy Policy, the detailed provisions of the Privacy Policy, please refer to https://tw.getcubo.com/pages/app-privacy-zh.  This Term applies to all the visitors, users, or anyone accessing and using the Application.  If you are not able to comply or do not agree with the content of this Term, please discontinue using this Application immediately. 

You can link to, operate and manage your purchased Cubo Baby Monitor through this Application.  This Application can be used with the Cubo Baby Monitor, or with the services and products provided by third parties.  We hereby explain to you the matters you should pay attention to and comply with when you access and use this Application with the Cubo Baby Monitor.

1. Representations and Warranties of Content

This Application allows you to create, share, and otherwise make available, upload or share certain photos or other digital content and information ("Member Content").  You shall be responsible for the Member Content that you create or share on and through the Application, including its legality, reliability, and appropriateness.

You shall be responsible for the protection your right to any Member Content that you transmit, post or display through the Application.  You agree to compensate and/or indemnify us for damages and/or losses pursuant to this Term if such damages and/or losses are caused to us by reasons attributable to you, including but not limited to the provision of unlawfully obtained, non-owned or inappropriate Member Content.

We reserve the right to retain the Member Content and we reserve the right to reject, modify or remove the content without a notice to you.

1. Security and Legality

You agree and must provide accurate, complete and up-to-date information at any time when you register, establish or link to your existing account on this Application.  Any breach of this Term may result in your use of this Application being restricted, including the possibility of discontinued access.  We are not liable for any damages that may incur to you and you shall not request for any refund from us.

You agree to use your registered or post-registered email as a means of presentation of the Application.

You are responsible for safeguarding the password that you use to access the Application and for any activities or actions performed using your password, whether your password is used on this Application or a third-party service.  You agree not to disclose your password to any third party.  You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

1. Contests, Sweepstakes, and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from this Term.  If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy.  If the rules for a Promotion conflict with this Term, the Promotion rules shall apply.

1. Intellectual Property

The Application and its original content (excluding Content provided by users), features and functionality ("Yunyun’s Intellectual Property") are and will remain the exclusive property of Yunyun, LLC and its licensors.  The Application is protected by the copyright, trademark, patent and other intellectual property-related laws of both the Taiwan and foreign countries.  Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Yunyun.

Under the Term, You may not: (i) transfer or sublicense Yunyun’s Intellectual Property to another person or entity; (ii) rent, lease, loan, auction, or resell Yunyun’s Intellectual Property; (iii) modify, adapt, translate, or create derivative works of Yunyun’s Intellectual Property; (iv) reverse engineer, de-compile, or disassemble Yunyun’s Intellectual Property in whole or in part, or otherwise attempt to reconstruct or discover the source or object code or underlying ideas, algorithms, file formats, programming or interoperability interfaces.

1. Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Yunyun.  All applications or websites operated by other companies are the sole responsibility of the company and are not under the control or responsibility of Yunyun.  Yunyun does not guarantee the correctness, immediacy, validity, legality, security, and integrity of the programs or website contents.

Yunyun has no control or management right over, and assumes no responsibility for, the content, privacy policy, or operation of any third-party websites or services.  You acknowledge and agree that Yunyun shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, products or services available on or through any such third-party websites.

We strongly advise you to read the terms and conditions and the privacy policies of any third-party websites that you visit.

1. Privacy Policy

We value your personal privacy and are committed to protecting your personal information.  Please read the "Yunyun Privacy Policy" carefully before using the Application.  When you use thisApplication, it is as if you agree that we collect, process and use your personal information in accordance with this Privacy Policy.

1. Cache Data

The company will set up and access cookies or application cache data (hereinafter referred to as "Cache Data") from the computers, mobile phones or other mobile devices that you used to access and use the Application to collect your information (including personal information) and store it in the devices you use to browse the Application.

We permit that companies that place advertisements or events on the Application may set up and access the cache data on your computer, mobile phone or other mobile devices, and such setting and accessing shall be subject to the privacy policies established by those companies, respectively.

The use of cache data is to track your activities on the Application to facilitate our company's analysis and data collection to provide you with more convenient and complete services.

If you do not agree with our setting about the cache data, you can decline the setting through the preference setting interface provided by your Internet browser, but this may result in some restriction for you to use the Application, or may result in that the company is unable to provide you the services related to the Application.

1. Termination

We may terminate or suspend your account to the Application immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Term.  Upon termination, your right to use the Application will cease immediately.  You may terminate your account and your right to use the Application in accordance with this Term, or you may email us to request us to cancel your account.

1. Limitations to Use of the Application

While we aim to provide you with a highly reliable and readily available service, the Application is not 100 percent reliable or readily available.  For a variety of reasons beyond our control, our services may be affected by sporadic interruptions and failures, including wi-fi or network instability, cloud service provider maintenance or updates, and hardware device barriers.  You understand that the service interruption may cause the Application and Cubo Baby Monitor to be unreliable or unavailable at any time during the service interruption.  We cannot and do not guarantee that you will be notified during any anticipated period or specific period, and you may not be notified.

You agree that you cannot rely on the Application and Cubo Baby Monitor as the sole determination criteria for any purpose related to the vital safety or the like.  The Application and the notification of status and warning information in the Cubo Baby Monitor can only be used as an auxiliary tool for your care of children, to help parents or guardians pay attention to the safety of children, and parents or guardians should still do their utmost care when using the Application.  The Application and Cubo Baby Monitor are not substitutes for third-party monitoring emergency notification system.  Yunyun is unable to provide specific information about your home or anywhere else.  You understand and agree that it is your responsibility to know how to respond to emergencies and make appropriate judgments based on the circumstances.

This application and Cubo baby monitor require the use of the services and products provided by third parties ("Third-party Service and Product") to operate properly.  However, Third-party Service and Product, sometimes is not in our control range, but its use and operation situation, is likely to affect the use and reliability of the Application and Cubo Baby Monitor, the following is the Third-party Service and Product that may be used by the Application and Cubo Baby Monitor as of now, you understand and agree that the Company may change the provider of Third-party Service and Product or outsource part of the service to the third party in view of the security or any commercial considerations.

1. Cloud service provider

The service from third-party cloud service providers is used to accomplish the data transmission, storage, synchronization, calculation, and the like.  We also push through the third-party cloud service provider, to remind you of your child or baby's activities instantly.  The third-party cloud service providers we cooperate with include but are not limited to the Amazon Web Service and Google Cloud Platform.  You agree to exempt the third-party cloud service providers from any damage and/or loss resulting from your use of the Application and Cubo Baby Monitor to the fullest extent permitted by law.

2. Device, network service provider, mobile device communication carrier

The condition of your use of the Application and Cubo Baby Monitor may depend on (1) your mobile devices, such as mobile phones, tablets, etc. (2) wi-fi network, Bluetooth connection and other related equipment in your home (items (1), (2) are referred to as "Device," collectively), (3) the service provider of your network service, and (4) the carrier for the communication of the your mobile device.  For example, you may not receive or may receive in delay the notifications about your child's activity status due to the push service Settings of your mobile devices or the connection status of your home wi-fi network environment or mobile network.  You understand and accept that you deal with your Internet service provider and mobile devices communication carrier, responsible for your use of the service should pay all fees, you are responsible for complying with all applicable agreements, including but not limited to the terms of use/terms of service and other policies set forth by the internet service provider and the mobile device communication carrier that you use.

3. App Store

You understand and agree that the usability of this Application may depend on the third-party websites from which you download the Application, such as the Google Play Store or Apple App Store ("App Store").  You agree to abide by the terms and conditions of the App Store, and you also abide by the Term of the Company.  If the terms and conditions of the App Store conflict with the Term, the Term shall prevail.

 

You understand the foregoing limitations and agree that Yunyun and its subsidiaries, affiliates and authorized persons do not guarantee that:

1. The Application will be available at any time or place to provide uninterrupted, safe or readily available operation;

2. Any mistakes or shortcomings will be corrected;

3. No virus or other harmful constituent elements; or

4. The results of using the Application will meet your expectations or requirements.

In any of the following circumstances, the Company shall suspend or discontinue all or any part of the services of the Application, and the Company shall not be liable for any direct or indirect damage and/or loss to you:

(1) When the software and hardware related to the Application is transferred, replaced, upgraded, maintained or repaired;

(2) You have any violation of the government laws or regulations or the Term;

(3) Service suspension or interruption caused by natural disaster or other force majeure; or

(4) Service suspension or interruption due to other reasons not attributable to the Company.

or because of various reasons interrupt or system failure, etc., this or will you use on the inconvenience caused, data loss, error, be doctored, or other property or the property damage, etc, it is recommended that you use this application, shall, from time to time, to take protective measures. The company shall not refund or indemnify you for any damage caused by your use or inability to use the application except for intentional or gross negligence of the company.

The Application may need maintenance or repair, due to security reasons, or may be interrupted or malfunctioning due to various reasons, which may cause inconvenience, loss of information, error, tampering or other property or non-property damage to you.  You are advised to take protective measures at any time when using the Application.  You may not request a refund from us and the Company is not liable for any damages caused by your use or inability to use the Application, except for intentional or gross negligence of the company.

The information on the Application is for reference only.  You should make your own decision after independent judgment when using the Application.  You should make your own judgment, assessment, and risk on the accuracy or credibility of the relevant information of the Application.  The Company shall not be liable for any action taken by you in obtaining all information and information on the Application.

1. Liability

In no event shall Yunyun be liable for any indirect, incidental, special, consequential or punitive damages caused by using the service or any damage or change to the device (including but are not limited to computer devices, hand-held devices, mobile phones or other mobile devices) that you used caused by using the Application.  Yunyun shall also provide product liability insurance for Cubo Baby Monitor to further protect your rights and interests.  If Yunyun is liable for compensation according to the laws, you agree to take the amount of compensation approved by the insurance company of the product liability insurance placed by Yunyun as the maximum compensation for the damage.  If there is any amount beyond the coverage of the product liability insurance or any liability beyond the coverage of the product liability insurance, and Yunyun is legally liable for the compensation, the total price of your purchase of Yunyun’s products shall be the upper limit.

1. Governing Law

This Term shall be governed and construed in accordance with the laws of Taiwan, R.O.C without regard to the international choices of las.  All controversies and disputes arising out of or relating to the use of the Applicationor this Term shall be submitted to the Taipei District Court in Taiwan R.O.C. with jurisdiction as the court of the first instance.

1. Other Provisions

Our failure to enforce any right of the Term will not be considered a waiver of those rights.  If any provision of the Term is held to be invalid or unenforceable by a court, the remaining provisions of the Term will remain in effect and enforceable. 

The Term constitutes the entire agreement between you and the Company regarding the use of the Application.

When you use the Application, you may be subject to the terms of service or related regulations separately announced by the Company, depending on the nature of each service.  The terms of service or related regulations separately announced by the company are all part of these terms.

1. Amendment

We have the right to amend or modify the Term at any time at our discretion.  If there is any amendment or modification of the Term, we will notify you by email or notice on the Application at least 30 days before any new Term takes effect.

If you continue to access or use the Application after the amendments to the Term take effect, you agree to be bound by the amended Term.  If you do not agree to the amended Term, please stop using the Application.

1. Contact Us

If you have any questions about this Privacy Policy, please contact us at support@getcubo.com.