01Agreement
These Terms govern access to and use of the DAKTEL MOBILE COMMUNICATOR and DAKTEL CLOUD SERVICES SYSTEM applications, software and related services. By clicking "I ACCEPT" or by accessing the Services you agree to be bound by these Terms and by the Privacy Policy. If you act on behalf of an entity, you represent that you are authorized to bind it. If you do not agree, do not access the Services.
02Third-party applications
You release the company from liability arising from the use of third-party applications through the Services.
03Changes to the Terms
The company may modify these Terms at its discretion. Modifications become effective ten days after posting; subsequent use of the Services indicates acceptance. Please review the current Terms regularly.
04Accounts
Access to the Services requires an account. You must provide current, complete and accurate information, including name, email, telephone and address. You create a password or receive a secure one from the company, and you bear sole responsibility for protecting your account and password; unauthorized access must be reported immediately. Third-party account access is permitted under the relevant third-party policies. With your consent, the company may access your account for support, maintenance, improvement and security.
05Cancellation
Cancellation requests are sent to support@daktelgroup.com. Cancellation ends all access to the Services; payment obligations continue after cancellation. Account creators act as "controllers" and the company as "processor" within the meaning of EU Directive 95/46/EC. You must comply with applicable data-protection laws and the company's policies.
06License and restrictions
License. The company grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access the applications and the Services, conditioned on compliance with these Terms. The company may restrict or block non-compliant access at its discretion.
Conditions. You agree not to, and to prevent third parties from:
- copying, distributing, broadcasting, renting, leasing, lending, modifying, adapting, translating, enhancing, customizing or creating derivative works
- reverse engineering, decompiling, disassembling or deriving source code
- removing or distorting proprietary notices, labels or legends
- using automated means of access or circumventing security features
- introducing devices, code, routines or items (bots, viruses, worms, Trojan horses) that interfere with operation or integrity
- using unlawful, infringing, defamatory, deceptive, obscene, fraudulent, harassing, pornographic or abusive content
- developing competing products or services, or using the Services for unlawful, fraudulent or infringing purposes
- imposing a disproportionate load on the infrastructure
- violating password protections
07License to data
You grant the company a royalty-free, fully paid, non-exclusive, worldwide right to access, log, retain and use account data and the content you provide for:
- administering and improving the Services
- generating reports and related functions
- collecting and analyzing anonymous information for statistics, metrics, insights and trend data used in marketing
08Payment
Access to the Services and use of an account may require subscription fees, taxes and charges as set out in the current order form between you and the company.
09Reservation of rights
All intellectual-property rights not expressly granted remain the property of the company or its licensors. Rights terminate immediately upon termination of the Terms or upon your breach.
10Ownership of the Services
All rights, title and interest in the Services – including reproductions, corrections, modifications, customizations, enhancements and improvements, and the related patents, copyrights, trade secrets, trademarks, service marks and goodwill – remain the exclusive property of the company and its licensors.
11Content and trademarks
The content of the applications and the cloud system (text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features) and the trademarks, service marks and logos remain the exclusive property of the company and its licensors, protected by copyright and intellectual-property laws. "DAKTEL" and the company logos are marks of the company; other marks belong to their respective owners. All rights not expressly granted are reserved.
12Your data and reports
You retain sole and exclusive property rights in the data and reports generated in your account.
13Confidentiality
Each party may have access to the other's non-public proprietary information, including trade secrets, technical data, technology, know-how, software code, designs, price lists and developments ("Confidential Information"). The Services as a whole are DAKTEL Confidential Information. Each party protects the other's information with at least reasonable care; you may use the company's information only as expressly granted and disclose it only to employees who need to know it and are bound by equivalent obligations. All rights remain with the disclosing party. A legally required disclosure requires immediate written notice. On termination each party returns or destroys the other's Confidential Information and certifies destruction on request.
14Third-party links and advertisements
The Services may contain links to third-party applications outside the company's control and advertisements the company does not endorse. The company assumes no responsibility for them, including third-party privacy practices, and is not liable for resulting loss, damage or injury. You use them at your sole risk and should review the applicable policies and terms.
15Third-party software
The Services may incorporate third-party software, including open-source software, subject to its own terms ("Third-Party Terms"). DAKTEL provides a list of such software and its terms, and you agree to comply with them; where they conflict with these Terms, the Third-Party Terms prevail for that software. DAKTEL makes no representation, warranty or indemnity regarding third-party software.
16Compliance with law
You agree to comply with all applicable international, national, state, regional and local laws and regulations when accessing and using the Services and performing your obligations under these Terms, including privacy, data-protection and export laws.
17Termination
By DAKTEL. DAKTEL may discontinue or modify the Services at any time, for any reason, without notice, and may suspend or terminate your access or access in general without liability for resulting loss, damage or injury. Either action terminates these Terms and cancels the account.
By you. If you object to any provision of these Terms or are dissatisfied with the Services, you may cancel your account and stop using the Services; this terminates these Terms. Cancellation does not remove payment obligations.
18Survival
Sections 8, 9, 10, 11, 16, 17, 18 and 19 survive termination of these Terms.
19Disclaimer of warranties
You are responsible for selecting the Services to achieve your intended results. Some jurisdictions do not allow certain warranty exclusions.
The Services are provided on an "as is" and "as available" basis, without representations, warranties or claims regarding quality, performance, merchantability, fitness for a particular purpose, non-infringement, title or course of dealing. DAKTEL does not warrant that the Services will operate uninterrupted, error-free or according to your needs, or that defects will be corrected.
The company makes no warranty regarding content, materials, information or results. Your use of and reliance on them is at your sole discretion and risk, and DAKTEL bears no responsibility for the consequences.
You agree that DAKTEL will not be held responsible or liable for any consequences that may result from technical problems of the internet, slow connections, system failure, outages, traffic congestion, overload of our or other servers, or other events beyond DAKTEL's control (such as strikes, riots, fires, floods, war, terrorism, governmental actions, labor conditions and natural disasters).
20Limitation of liability
To the fullest extent permitted by law, DAKTEL is not liable for indirect, consequential, incidental, punitive or special damages, or for loss of profit, revenue, business opportunity or data suffered by you or a third party, under these Terms or from the use of or inability to use the Services – whether in contract, tort, negligence, strict liability, breach of statute or otherwise – even if DAKTEL knew of the possibility and even if direct damages fail to satisfy a remedy.
DAKTEL's aggregate liability to you or any third party under these Terms or from the use of or inability to use the Services shall not exceed the total fees you paid to DAKTEL in the six months preceding the claim.
21Indemnification
You agree to defend, indemnify and hold harmless DAKTEL and its directors, officers, employees, agents and partners from third-party claims arising from your use of the Services, your breach of these Terms, your violation of law or of third-party rights (including privacy), or your breach of a representation or warranty – and to pay the resulting damages, obligations, losses, liabilities, penalties, fines, costs and expenses, including reasonable attorneys' fees. DAKTEL will notify you of claims; the indemnified parties will cooperate in the defense and settlement and may participate at their own expense. You will not settle a claim without DAKTEL's prior written consent, not to be unreasonably withheld.
22Assignment
You may not assign these Terms, delegate your duties or assign your rights without DAKTEL's prior express written consent; any non-compliant assignment is void. DAKTEL may assign or transfer these Terms, delegate its duties and assign its rights to third parties. These Terms bind and benefit the respective successors and assigns.
23General
Entire agreement. These Terms are the entire agreement between you and DAKTEL on their subject matter and supersede prior understandings. Amendments require the written signature of both parties' authorized representatives.
Relationship. You and DAKTEL are independent contractors; nothing creates a partnership, joint venture, employment or agency relationship.
Governing law. These Terms are governed by the laws of the People's Republic of China and of Hong Kong, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Jurisdiction and venue. All disputes shall be brought and resolved only in the courts of China and Hong Kong, to whose personal jurisdiction and venue you irrevocably submit. Equitable relief may be sought in any competent court.
Equitable relief. You acknowledge that a breach of these Terms causes irreparable injury justifying appropriate equitable relief, including preliminary and permanent injunctions, in a competent court.
Severability. If any provision is invalid, illegal or unenforceable, the remaining provisions are unaffected; a valid, legal and enforceable provision of similar intent and economic effect replaces the invalid one.
Headings. Section headings are for convenience only and do not affect interpretation.
Waiver. DAKTEL's failure or delay in exercising a right is not a waiver, and a partial exercise does not preclude any other or further exercise or any other remedy. Written waivers apply only to the specific instance.
24Contact
support@daktelgroup.com