Updated: 22 January 2022

uHoo Limited and its affiliates, if any, (collectively referred to as “uHoo”, “we,” “us," “our”) manufactures, markets, and sells uHoo consumer and enterprise electronics products and other products made by uHoo (the “Product”) as well as providing enterprise technology solutions and services. uHoo additionally provides services including, but not limited to: (1) a website located at https://getuhoo.com (the “Site”), (2) software that may be downloaded to your smartphone or tablet (“Mobile App”) which may be updated or altered from time to time, (3) an application program interface (the “API”), (4) various types of content with analytics, suggestions or information relating to your use of other uHoo services (“Content”) that may be delivered over e-mail or through the Mobile App, and (5) uHoo user accounts (“Accounts”) that may be accessed through the Mobile Apps. The term “Services” refers collectively to the Site, Mobile App, API, Accounts, and other services offered by uHoo in connection therewith.

THIS IS A LEGAL AGREEMENT. By accessing or using any of the Products and Services or by creating a uHoo Account, (1) you agree to be bound by all terms and conditions provided by uHoo, which includes this Terms of Service (“Agreement”) and any additional terms incorporated by reference (“Additional Terms”)(collectively, the “Terms”), on behalf of yourself or the entity you represent; (2) you represent and warrant that you have the right, authority and capacity to accept and agree to these terms on behalf of yourself or the entity you represent; and (3) you represent that you are of sufficient legal age in your jurisdiction or residence to use or access the services and enter into this agreement. If you do not agree to any of the Terms, do not create an Account or use any of the Services.

These Terms govern your use of the Services. Certain features of the Services may be subject to additional guidelines, terms, or rules which will be posted in connection with such features. All additional guidelines, terms, or rules (“Additional Terms”), are incorporated by reference into these Terms, and you are agreeing to accept and abide by them by using the Services, including: (i) uHoo’s Privacy Policy (“Privacy Policy”), which describes uHoo’s policies with respect to the collection, use, and disclosure of personal information from you; (ii) Your purchase of any Product is governed by the limited warranty provided with that Product (“Limited Warranty”) and may further be governed by the Terms and Conditions of Sale; (iii) Any additional purchasing terms that uHoo includes with your uHoo Product; (iv) Any rules, terms or guidelines associated with participation in sweepstakes, referral programs or other promotions; and (v) Any additional terms or conditions uHoo may supply from time to time.

You may use the Services only if you can form a binding contract with uHoo, and only if you are in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules, and regulations. Any use or access to the Services by anyone under the age of 18 is strictly prohibited and is a violation of these Terms. The Services are not available to any users previously prohibited from using the Services by uHoo.

These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. At any time, uHoo may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you if uHoo in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms or rules.

Full use of the Services requires that you create an Account and provide certain information about yourself such as your first name, last name, email address, password, and time zone. When you set-up your device, you voluntarily provide its time zone. This ensures that you are able to accurately view all your current and historical air quality measurements and data based on the local time they have occurred. You may also voluntarily indicate your birthday and gender. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify uHoo of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. uHoo is not liable for any loss or damage arising from your failure to comply with the above requirements.

Subject to these Terms, uHoo grants you a limited, non-transferable, non-exclusive, revocable, license (without the right to sublicense) to access and use the Services provided by uHoo.

uHoo may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve or alter the performance of the Services and/or the Product Software (“Updates”). We may add or remove, temporarily or permanently, any function, feature, or component of the uHoo Service at any time without notice. We are not liable for any modification, suspension, or discontinuance of any function, feature, or component of the uHoo Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the uHoo Product without prior notice to you. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using the application and delete the software from your device. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Services and the Product and you agree to promptly install any Updates uHoo provides. Your continued use of the Services and the Product is your agreement to these Terms with respect to the Services.

Except as permitted below with respect to third party products and services, the rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (iii) you agree not to access the Services in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Product, the Product Software, or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by uHoo; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.

Please review the Privacy Policy. The Privacy Policy describes practices regarding the information that uHoo may collect from users of the Products and Services. By accessing or using the Services, you agree that we can collect and use your information in accordance with the Privacy Policy.

uHoo cares about the integrity and security of your personal information. However, uHoo cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

uHoo reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that uHoo will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

Although the Sites are accessible worldwide, the Products and Services provided or accessed through or on the Sites are not available to all persons or in all countries. If you choose to access the Sites from outside a country in which uHoo supports the Product and Services listed here ("Target Country"), you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Sites are not designed for use in a non-Target Country and some or all of the features of the Sites may not work or be appropriate for use in such a country. To the extent permissible by law, uHoo accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Sites or uHoo Products in a non-Target Country. You will be bound by these Terms wherever you access or use the Sites or use the Services.

The Services are intended to be accessed and used for non-time-critical information and control of uHoo products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond uHoo’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that uHoo is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications.

You acknowledge and agree that the Products and Services, whether standing alone or when interfaced with third party products or services are not certified for emergency response. uHoo makes no warranty or representation that use of the Products or Services, including integration with any third party product or service, will affect or increase any level of safety. YOU UNDERSTAND THAT THE PRODUCTS AND SERVICES, WHETHER STANDING ALONE OR INTERFACED WITH THIRD PARTY PRODUCTS OR SERVICES, ARE NOT A THIRD PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM -- UHOO WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. In addition, the uHoo customer support contacts cannot be considered a life-saving solution for people at risk in the home or elsewhere, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services.

You acknowledge that the Services, including remote access and mobile notifications, are not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive notifications in any given time or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON YOUR UHOO PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. The information provided by uHoo on what to do in an emergency is based on authoritative safety sources, but there is no way for uHoo to provide specific information relating to a situation in your home or elsewhere. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.

The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. uHoo does not offer any specific uptime guarantee for the Services.

Access to Services are limited to those with the necessary system requirements, as published in connection with such Services. Certain Services will not be accessible without: (i) a working Wi-Fi network in that is positioned to communicate reliably with the Products; (ii) an Account; (iii) mobile clients such as a supported phone or tablet (required from some functionality); (iv) always-on broadband Internet access; and (v) other system elements that may be specified by uHoo. The use of the web application via a computer is only available to uHoo Business users. The use of the mobile application is available to all users. When using a mobile device, you must download the mobile application which requires internet connection. Exchange of data between the web and mobile applications and your uHoo device likewise requires internet connection. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met. In addition, you acknowledge that uHoo may activate Bluetooth on your smartphone or tablet, with or without prior notification, in order to facilitate proper operation of the Services, enable communication with uHoo Products connected to the same uHoo account, and enable certain features. Furthermore, every purchase of a uHoo Product includes a micro-USB cable and an adapter, which have been approved by us and certified based on safety standards. Proper usage of a uHoo Product requires the sole use of the provided accessories for their specific purposes. You will not use other accessories or charging devices other than those approved and provided by us.

uHoo is dedicated to the highest quality products. When consumers purchase a uHoo product, they expect that the product comes directly from uHoo or its authorized distributors and the quality controls in that sales channel. You agree not to sell any uHoo product as new and without prominent marking as a “USED” product unless you are an authorized distributor or you have passed uHoo’s reseller certification program to ensure quality control. To become a certified reseller, please e-mail uHoo at reseller@getuhoo.com.

Unless explicitly promising a “guarantee,” uHoo does not guarantee or promise any specific level of air cleanliness or any health benefits from the use of the Products or Services or any feature of them, including following any guidance provided by the Services. Actual air quality may vary with factors beyond uHoo’s control or knowledge. From time to time, uHoo may use the Services to provide you with information that is unique to you and your air monitoring situation and may suggest ways to enhance or improve or otherwise alter your habits. We do this to highlight options for your consideration based on our analysis and information that has been monitored and collected. YOU ACKNOWLEDGE THAT THESE SUGGESTIONS ARE NOT CONSIDERED MEDICAL ADVICE AND THE EFFICACY AND APPLICABILITY OF SUCH SUGGESTIONS MAY VARY. uHoo, to the extent permissible by law, accepts no liability regarding your actions based on the information provided by the Services, and makes no warranties and representation about the applicability of such information or guidance to your specific needs. Any health questions regarding the information and guidance provided should be directed to a medical doctor.

The Services may, from time to time, provide you information (“Product Information”) regarding third party products and their connection to Products provided by uHoo and with other products and services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing Product Information through the Services is not a substitute for direct access of the information in the home.

You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. We cannot 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 Services.

Purchases made are intended for end users only, and are not authorized for resale. You must provide the requested data to place an order for a uHoo Product. The indicated price does not include taxes, fees and charges of the applicable law, which will be calculated but shall be for your account. Any order placed is an offer to purchase the uHoo Service. Orders are subject to availability and are accepted at our discretion. We may accept, decline, or place limits on your order for any reason. We use third party tools to process payments. If the respective providers of the third party tools refuse to authorize a payment, we cannot provide the uHoo Service and we will not be liable for any delay or failure to deliver.

For sales requiring importation into your country, you are responsible for any VAT, tariff, duty, taxes, handling fees, brokerage charges, customs clearance charges, etc. required by your country for importing consumer goods.

You assume the responsibility for your purchase, and no refunds or returns will be issued unless your purchase was made through other distributors and retailers and that their own respective policies allow for you to do so. For avoidance of doubt, no refunds and returns will be allowed if the uHoo Product was purchased directly from the Site. We will replace your defective uHoo Product if we satisfactorily determine that the claimed defect warrants replacement. Please ensure that for this purpose, the uHoo Product is repackaged with all the cords, adapters and documentation that were included when you received it. Shipment shall generally be for your account, but we will shoulder shipment for replacement units.

In certain circumstances, uHoo Services may rely on or interoperate with third party products and services. These third party products and services are beyond uHoo’s control, but their operation may impact or be impacted by the use and reliability of the uHoo Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers, (ii) these third party products and services may not operate in a reliable manner 100% of the time, and they may impact the way that the uHoo Services operate, and (iii) uHoo is not responsible for damages and losses due to the operation of these third party products and services.

You acknowledge that uHoo uses third party service providers to enable some aspects of the Services. YOU AGREE NOT TO RELY ON THE SERVICES FOR ANY LIFE SAFETY OR TIME-CRITICAL PURPOSES.

Full use of the Services requires the use of a personal medium, such as a computer or a suitable mobile device, as applicable, and internet access. You acknowledge that the availability of the Services is dependent on (i) your computer, mobile device, home wiring, home Wi-Fi network, Bluetooth connection, and other related equipment (“Equipment”), (ii) your Internet service provider (“ISP”), and (iii) your mobile device carrier (“Carrier”). You acknowledge that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and Carrier.

uHoo may provide the opportunity for you to interface to, integrate with or control third party products and services, for example through the uHoo Mobile App or API, and any applicable products and services provided by third party providers. Although the Mobile App and uHoo API is offered by uHoo, you acknowledge that third party products and services that you connect to your account or interface with are not uHoo products and services and you acknowledge and agree that uHoo does not control, and that these Terms do not apply to, any third party products and services. Use of any third party products and services is governed by separate terms and conditions provided by the operator(s) of the applicable third party products and services. You acknowledge and agree that uHoo makes no representation or warranty about the safety of any third party products or services. Accordingly, uHoo is not responsible for your use of any third party product or service or any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to your use of any third party products or services. You should contact the third party with any questions about their products and services

You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that these Terms are between you and uHoo and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

The Sites may contain links to other web sites operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”). Such Third Party Sites and Referred Vendors are not under our control. uHoo provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites or Referred Vendors. Your use of these Third Party Sites is at your own risk.

uHoo is not responsible for third parties or their products and services, including, without limitation, the App Stores, Third Party Products and Services, Third Party Sites, Referred Vendors, Equipment, ISPs, and Carriers. uHoo hereby disclaims and you hereby discharge, waive and release uHoo and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services.

You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Product and Services (i.e., the Site, Mobile App, API, etc.) are owned by uHoo or its affiliates or our licensors. Your possession, access, and use of the Product, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. uHoo and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms. Any photos, images, graphics, video, audio, data, text, music, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the uHoo Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of Singapore and foreign countries.

You may only copy parts of the Services (including this Site) on to your own computer for your own personal use. You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own web site without the written consent of uHoo. You must have a license from us before you can post or redistribute any portion of the Services. uHoo retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services or any content therein. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the uHoo Service.

You may choose to, or uHoo may invite you to submit comments, suggestions, or ideas about the Products or Services, including how to improve the Products or Services (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place uHoo under any fiduciary or other obligation. uHoo may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that uHoo does not waive any rights to use similar or related ideas previously known to uHoo, developed by its employees, or obtained from other sources.

You agree to defend, indemnify and hold uHoo and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Products or Services, (ii) your violation of these Terms, (iii) any User Submissions or Feedback you provide; or (iv) your violation of any law or the rights of any third party. uHoo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify uHoo and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without uHoo’s prior written consent. uHoo will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. If you are using the uHoo Service on behalf of a business, that business warrants that it is duly incorporate and registered in accordance with the laws of any jurisdiction and that it accepts these Terms. It will hold uHoo and its affiliates, officers, agents, and employees harmless from any claim, suit, or action arising from or related to the use of the uHoo service or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

9.1. THE WARRANTY FOR THE PRODUCT IS SET FORTH IN THE LIMITED WARRANTY.

9.2. THE SERVICES (I.E., THE SITE, MOBILE APP, API, ETC.) ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND UHOO AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON- INFRINGEMENT.

9.3. UHOO DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC LEVEL OF AIR CLEANLINESS OR ANY HEALTH BENEFITS FROM THE USE OF THE UHOO SERVICE OR ANY FEATURES THEREIN, INCLUDING FOLLOWING ANY GUIDANCE PROVIDED BY UHOO. ACTUAL AIR QUALITY MAY VARY WITH FACTORS BEYOND OUR CONTROL OR KNOWLEDGE. FROM TIME TO TIME, WE MAY USE THE UHOO SERVICES TO PROVIDE YOU WITH INFORMATION THAT IS UNIQUE TO YOU AND YOUR AIR MONITORING SITUATION AND MAY SUGGEST WAYS TO ENHANCE OR IMPROVE OR OTHERWISE ALTER YOUR HABITS. UHOO DOES THIS TO HIGHLIGHT OPTIONS FOR YOUR CONSIDERATION BASED ON OUR ANALYSIS AND INFORMATION THAT HAS BEEN MONITORED AND COLLECTED. YOU ACKNOWLEDGE THAT THESE SUGGESTIONS ARE NOT CONSIDERED MEDICAL ADVICE AND THE EFFICACY AND APPLICABILITY OF SUCH SUGGESTIONS MAY VARY. WE ACCEPT NO LIABILITY REGARDING YOUR ACTIONS BASED ON THE INFORMATION PROVIDED BY THE UHOO SERVICE, AND MAKE NO WARRANTIES AND REPRESENTATION ABOUT THE APPLICABILITY OF SUCH INFORMATION OR GUIDANCE TO YOUR SPECIFIC NEEDS. ANY HEALTH QUESTIONS REGARDING THE INFORMATION AND GUIDANCE PROVIDED SHOULD BE DIRECTED TO A MEDICAL DOCTOR OR AN AIR QUALITY PROFESSIONAL.

9.4. UHOO AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK,COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UHOO OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY.

9.5. UHOO DOES NOT WARRANT, ENDORSE,GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED, INTEGRATED WITH, OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE PRODUCTS OR SERVICES (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY PRODUCTS AND SERVICES CONNECTED THROUGH THE UHOO MOBILE APP) OR ANY HYPERLINKED WEBSITE OR SERVICE, AND UHOO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.

9.6. WHEN YOU INSTALL, SETUP OR USE PRODUCTS AND SERVICES LIKE THOSE PROVIDED BY UHOO, YOU ARE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE DAMAGE OR LEAD TO NON-RECOMMENDED OPERATION OF YOUR CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR SUCH DAMAGE WHEN YOU CHOOSE PARTICULAR SETTINGS OR SET OR ADJUST DEFAULTS.

9.7. UHOO MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND UHOO WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. UHOO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.

10.1. Nothing in these Terms and in particular within this "Limitation of Liability" clause shall attempt to exclude liability that cannot be excluded under applicable law.

10.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) UHOO BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS,ARISING FROM OR RELATING TO THE SERVICES OR THE PRODUCTS, EVEN IF UHOO KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) UHOO’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO UHOO OR UHOO’S AUTHORIZED RESELLER FOR THE SERVICES OR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. UHOO DISCLAIMS ALL LIABILITY OF ANY KIND OF UHOO’S LICENSORS AND SUPPLIERS. UNDER NO CIRCUMSTANCES WILL UHOO BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, 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 SERVICES.

11.1. Certain Services may be offered for a fee. You shall pay all applicable fees in connection with the Services selected by you in accordance with the any terms of sale stipulated.

If a dispute arises between you and uHoo, our goal is to learn about and address your concerns. You agree that you will notify uHoo about any dispute you have with uHoo regarding these Terms or our Products or Services by contacting uHoo.

You and uHoo agree, subject to the Protection of Confidentiality and Intellectual Property Rights clause of these Terms, to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Services to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further, you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Service. Subject to the Protection of Confidentiality and Intellectual Property Rights clause of these Terms, any dispute or claim made by you against us or us against you arising out of or relating to these Terms or your use of the Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court.

You must first present any claim or dispute to us by contacting uHoo to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days after presenting the claim or dispute to uHoo. uHoo may request arbitration against you at any time after it has notified you of a claim or dispute in accordance with the Notifications section of these Terms. The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the Hong Kong International Arbitration Centre (“HKIAC”), in accordance with its arbitration rules. The place of any arbitration will be in Hong Kong in conformity with Hong Kong law, and the English language will be used. The number of arbitrators shall be three (3). Each Party shall appoint one (1) arbitrator, and one (1) arbitrator shall be chosen by the first two (2) appointed arbitrators. Should either Party fail to appoint an arbitrator, or should the first two arbitrators fail to appoint the third arbitrator, the president of HKIAC shall appoint such arbitrator. The arbitrators must have experience in financial and commercial matters and must be independent of and not affiliated with any Party. The arbitrators may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you, nor uHoo nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. The award rendered in such arbitration shall be final and binding upon the Parties and may be entered in any court of competent jurisdiction If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).

All administrative fees and expenses of arbitration will be divided equally between you and uHoo. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.

YOU MUST CONTACT UHOO WITHIN ONE (1) YEAROF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.

uHoo reserves the right to make changes to these Terms. We'll post notice of modifications to these Terms on this page. You should ensure that you have read and agree with our most recent Terms when you use the Services. Continued use of the Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms.

You agree that these Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Products and Services shall be governed by the laws of Hong Kong Special Administrative Region without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction, except that with respect to intellectual property rights over uHoo Property, the laws of Singapore will govern.

Notwithstanding the foregoing, uHoo may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

These Terms constitute the entire agreement between you and uHoo regarding the use of the Services. Any failure by uHoo to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.

All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without uHoo’s prior written consent. These Terms may be assigned by uHoo without restriction. These Terms are binding upon any permitted assignee.

uHoo may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, mobile notifications, hardcopy, or posting of such notice on Site. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted. uHoo is not responsible for any automatic filtering you or your network provider may apply to email notifications. uHoo recommends that you add @getuhoo.com email addresses to your email address book to help ensure you receive email notifications from uHoo.

Copyright © 2022, uHoo Limited. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are the property of uHoo or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of uHoo or such respective holders. uHoo reserves the right to alter product and services offerings, specifications, and pricing at anytime without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.