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©2021-2023 Belun Technology

© 2021-2023 Belun Technology
All Rights Reserved.

Terms and Conditions

Last updated: Nov 22, 2021

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with the https://beluntech.com website, products, cloud platform, hardware, software, mobile applications, application program interfaces (APIs), and firmware (the “Service”) provided and  operated by Belun Technology Company Limited (“Belun”, “us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using our website, products, cloud platform, hardware, software, mobile applications, APIs, and firmware (the “Service”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then do not access or use our Service.

“Belun Content” includes our company name, any images, photos, logos, graphics, graphs, text, data, reports, text, questionnaires, software, video, sound recordings, comments, or authorial works of any kind, that are published, generated, or made available through the Belun Service. Belun Content and Belun Service are protected by patent, copyright, trademark, intellectual property, and other applicable laws of Hong Kong Special Administrative Region, the People’s Republic of China, and foreign countries.  Belun reserves all rights in Belun Content and Belun Service even if not expressly set forth in these Terms.

 

License between Belun and You

By the User agreeing to these Terms of Use, a contractual relationship shall be deemed to have been created between Belun and you; the said contract shall be free-of-charge and bounded by these general Terms of Use.

  • Belun grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license, but with no right to sublicense, to access and view Belun Content, access and use the Service, or software and firmware installed in Belun products. The license is granted to you for non-commercial or personal use only as stated in these Terms, unless it is otherwise, authorized by Belun in advanced with express written permission from us.
  • You do not have the ownership of any intellectual property rights in Belun Content and our Service by accessing or using Belun Content and the Service. You agree:

 

  1. not to copy, change, sublicense, translate, distribute, use, sell, rent, lease, loan, publicly post or display, broadcast, produce derivative works based on Belun Content or our Service, including logos, trademarks, webpages, icons, scripts, the overall look and feel or any authorial works, in part or in whole without the express written consent from Belun.
  2. not to extract, decompile, reverse engineer, disassemble, re-use, derive the source code or algorithm, adapt the software, mobile applications, APIs, firmware, or any part of the Service, or translate the Service in part or in whole, into any other form.
  3. not to connect, access, or tamper the systems and network of the Service or the service providers of Belun, which are not open to public.
  4. not to test the vulnerability, attack, interfere the operations of our Service, or access the Service with any unauthorized approaches.
  5. not to provide service to any third party by the data produced from our Service without prior consent of Belun.

Logos, trademarks, products, services of other companies displayed, mentioned, included, or embedded in Belun Content or Service are the property of the corresponding companies or their respective owners.  Their usage is governed by the Terms of Use of the respective companies and should not be copied, changed, or used without their permission.

  • Belun reserves the right to suspend or stop providing Belun Service, or disable your Belun account without prior notice if you do not comply with these Terms or violates the Privacy Policy of Belun. We may disable your access to Belun Content or the Service while we are investigating any suspected violation or misconduct.
  • Internet access, computer or mobile devices are required to view Belun Content or utilize our Service, and the quality of your internet connection and equipment quality may affect the performance of the Service. You are responsible for all the costs or charges required to purchase, maintain, support or secure these internet access, computer or mobile devices.  Belun is not responsible for any of these said costs, charges, or fees.
  • If you download our mobile applications from Google Play Store or Apple App Store, such license mentioned above is, in addition, subject to the applicable Terms of Service of Google Play Store or the Terms of Use of Apple App Store.
  • You may build a hyperlink from a website to Belun (beluntech.com) for non-commercial purpose without obtaining prior consent from us, provided that the website:

 

  1. does not contain any material which is offensive, pornographic, obscene, harassing, libellous, defamatory, or in any way breach the laws of Hong Kong Special Administrative Region or your local government.
  2. does not present our Service or Belun products in a misleading, false, defamatory manner, or misinform users about the ownership of Belun.

 

Belun may require any websites to remove any hyperlink to Belun at any time in its sole discretion.  We do not have any liability or responsibility for any loss, damage, or destruction in connecting to or arising out of such hyperlinks.

 

Disclaimers

Your use of our Service is at your sole risk.  Our Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Belun, its directors, subsidiaries, affiliates, distributors, dealers, licensors, suppliers, partners, agents or employees do not warrant that a) the Service will function uninterrupted, secure, accurate, reliable, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Belun Service is a tool to provide information only.

All reports, analysis, any data or findings generated from the Service are non-binding information, so they do not represent medical diagnosis, and should not be used as a replacement of medical consultation, examination or treatment.  Please do not make any medical judgment based on the data from the Service. You should keep Belun devices clean and dry, and follow the usage guidelines of the product when you use Belun devices. A risk in health may exist even though the finding does not indicate any risk. Consult your doctor immediately if you have any question on your health condition.  If you already have a medical condition (including but not limited to, sensitive to flashing light), or need to use other medical devices (including but not limited to, pacemaker) with our products, please seek professional medical advice before using our Service or products.

 

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on our Service. To improve our Service, we may add, modify, discontinue or replace any functionality, feature, Belun Content, or components of the Service any time without prior notice, this includes software updates which could be automatically downloaded and installed in Belun products or applications.

The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy, completeness, or being up-to-date of any information, including prices, product images, reports, specifications, availability, services, and in particular, not in a medical or clinical sense.  If you provide incomplete, inaccurate, incorrect, or not not-to-date data, then you have to automatically accept the fact that the findings obtained from our products or services may not be usable.  Therefore, the analysis results are always deemed to be of limited conclusiveness only.  We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Content

Our Service allows you to post, link, upload, store, share and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are responsible for the User Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting the User Content to the Service, you grant us the right and non-exclusive, transferable, worldwide, royalty-free license to use, modify, publicly perform, publicly display, reproduce, create derivative works, publish, translate and distribute such User Content on and through the Service. The rights that you grant in this license are for the limited purpose of operating, promoting, developing and improving our Services. This license continues even if you stop using our Services. You retain any and all of your rights to any User Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your User Content available to other users of the Service, who may also use your User Content subject to these Terms.

You represent and warrant that: (i) the User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, (ii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, trademark, contract rights, trade secret, moral rights, or any other rights of any person, (iii) the User Content does not promote racism, discrimination, violence, harassment, obscenity, illegal or any harmful activities, (iv) the postings or the User Content uploaded does not contain any virus, Trojans, or causes any malfunction or damage to our Service or system, (v) the User Content does not contain any marketing, advertising, promotional, commercial materials or spam.

Belun reserves the right to remove or alter any posting or User Content, and your right to post, link, upload, store, share your User Content under Belun Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service 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.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

If you suspect or learn of any unauthorized use of your Belun account, please contact our Support as stated in Contact Us section.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that the User Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of legal@beluntech.com and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any User Content is infringing your copyright.

If you suspect that you have purchased counterfeit Belun products, or found a distributor or seller is selling unauthorized Belun products, please contact us at legal@beluntech.com.

Intellectual Property

The Service and its original Belun Content (excluding User Content provided by users), features and functionality are and will remain the exclusive property of Belun and its licensors. Our products and Service are protected by copyright, trademark, and other laws of both the Hong Kong Special Administrative Region, the People’s Republic of China, 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 Belun.

Links to Other Web Sites

Our Service may contain links to third-party web sites, content, promotions or services that are not owned or controlled by Belun.

Belun has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Belun shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites, promotions or services.  You take sole responsibility when you use any of these third-party services.

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

Termination

We may terminate or suspend your account or your access to part of or all of the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.  We may delete or remove the User Content and any information of your account upon account termination or suspension.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service by contacting our Support or your Belun Service provider.

Limitation of Liability

In no event shall Belun, nor its directors, employees, partners, agents, suppliers, affiliates, distributors be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, revenues, data, use, goodwill, computer or  equipment damage, service interruption, substitute services cost, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. The aggregate liability of Belun or its directors, employees, partners, agents, suppliers, affiliates, and distributors arising out of or this Terms or otherwise with respect to the Service shall not exceed HKD 1.

If payment is involved, Belun, and its directors, employees, partners, agents, suppliers, affiliates, distributors or any party involved in creating the payment will not be responsible for any loss or liabilities due to the connection with any transaction or payment.  Belun will not be liable for any issues arise from the use of credit or debit card, or any forms of electronic or non-electronic payment.  In such circumstances, the Terms of your bank or financial institution providing your payment service shall apply.

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 these Terms. 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 these Terms, the Promotion rules will apply.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Belun cancels it. You may cancel your Subscription renewal by contacting Belun customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Belun with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Belun to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Belun will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Belun may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Belun until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees, which can be on a recurring basis, for the type of Subscription you have selected.

At any time and without notice, Belun reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Belun, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Belun will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Hong Kong Special Administrative Region, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes of Terms and Additional Terms

We reserve the right, at our sole discretion, to add, modify, discontinue or replace these Terms at any time. If a revision is material we will try to provide reasonable advance notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bounded by the revised terms. Although we do not want to see you go, if you do not agree to the new terms, please stop using the Service. If you violate any of these Terms and we do not take action against you immediately, this is not equivalent to we are giving up the rights.  We always reserve the right to take action any time in the future.

When there are Additional Terms applied to certain Belun products or our Service, and there is discrepancy between these Terms and the Additional Terms, the Additional Terms will prevail to the extent of the discrepancy.

Contact Us

If you have any questions about these Terms, please contact us.

If there are discrepancies between the English version and the versions in other languages, the English version shall apply and prevail.

In the event of dispute, the decision of Belun shall be final.