1.Acceptance of Terms
By accessing or using the Services or Raysync you agree to be bound by these Terms and accept all legal consequences.If you do not agree to these Terms, in whole or in part, please do not use the Services or download any Raysync applications.If you are an agent or employee of another entity, you represent and warrant that (a) the individual accepting this agreement is duly authorized to accept this agreement on such entity’s behalf and to bind such entity, and (b) such entity has full power, corporate or otherwise, to enter into this agreement and perform its obligations hereunder.
Users can access our services through the Raysync.io website. If users need our products and services, you can purchase Raysync products through the Raysync.io website. When making a purchase, users need to fill in true and valid purchase information, including but not limited to your name, email address, phone number, and address. If you are an agent or employee of another entity, you need to fill in the name, address, and other contact information of the entity. After the purchase is successful, we will send the product package and invoice information to the email you filled in.
The Services are made available a simple and fast file transfer system allowing users to move data files via your private network and storage. Raysync may also make available technical publications relating to the installation and operation of the software applications and Services, such as reference, user, installation, systems administrator and technical guides and release notes (the “Documentation”).
Single User license. Subject to your compliance with these terms and conditions, Shenzhen Yunyu Technology Co., Ltd grants you a personal, freely revocable, limited, royalty-free, non-exclusive, non-transferable, non-sublicensable, non-assignable license to use the Software, solely for your personal, non-commercial purposes, and you may not use the Software for internal use as an end user if you are a business except if you have a valid license for Raysync Sync Business. Shenzhen Yunyu Technology Co., Ltd reserves all rights in the Software not expressly granted to you here.
4.Fees and Taxes
Fees. You agree to pay us all of the fees (collectively the “Fees”) required according to your use of the Services and the Services model which you selected, as set out in your Purchase Order. Unless otherwise specified, Fees are quoted in the United States Dollar (“USD”) currency.
Failure to Pay Fees When Due. If your account is overdue, in addition to any other rights and remedies, we reserve the right to restrict activity on your service, which means that your access to specific content or features of the Services will be disabled unless or until you pay the outstanding amounts owed for your use of the Services. Taxes., The Fees are exclusive of applicable taxes. You will be responsible for all sales, use, value added, or other taxes or duties, as applicable, payable with respect to the Services, or otherwise arising out of or in connection with this Agreement, other than our income taxes.
Changes in Fees. We may, at our sole discretion, change our prices or pricing model from time to time. Changes to pricing or pricing models will be implemented immediately as updated on the website or with notice to you and will be applied for all subsequent Services.
Promotional Offers. We may, at our sole discretion, make promotional offers available from time to time, which shall be subject to the terms of each such offer as published by us from time to time. Notwithstanding any such promotional offer terms, we reserve the right to make changes to the terms of such promotional offers or suspend such promotional offers at any time. A promotional offer cannot be sold, transferred or combined with any other offer, and is void if altered or reproduced. A promotional offer is not valid towards the renewal of an existing subscription or prior purchase. A promotional offer has no cash value. We reserve the right to terminate promotional offers at any time, notwithstanding any other terms to the contrary.
Fair Use. Use of the Services is subject to fair usage, and is subject to you using the Services subscribed for under an ordinary range of use and in a way that does not consume excessive or unreasonable capacity in respect of the Services that you are using. We may immediately suspend, restrict, alter or terminate all or part of any Services provided to you or take other necessary protective measures, if we determine that you are contravening this policy, as determined by us at our sole discretion.
Our Services allow you to post, link, store, share, transfer and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Services, including its legality, reliability, and appropriateness.
You represent and warrant that: (a) the Content is yours (you own it) or you have the right to use, post, link, store, share or transfer it or otherwise make it available and grant us the rights and license as provided in these Terms, and (b) the usage, posting, linking, storing, sharing or transferring of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You further represent and warrant that if we provide you with our Services on a Branded Portal, we are not liable to you or any third party for damages arising from the use, re-use or adaptation of any image, logo, email notification template or branded URL chosen by you, including but not limited to copyright protected works or trademarks. You agree to defend, indemnify and hold harmless Raysync for any third-party claim alleging infringement of its intellectual property rights based on your use of the Branded Portal or any Services.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Services, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any Content or activities on the Services.
6.Limitation of Liability
Raysync, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (a) your access to or use of the Services or Raysync; (b) your inability to access or use the Services Raysync; (c) any conduct or content of any third-party on or related to the Services Raysync; (d) any content obtained from or through the Services Raysync; and (e) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, 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. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RAYSYNC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICES OR RAYSYNC, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY YOU PURSUANT TO THESE TERMS OR, WITH RESPECT TO ANY SINGLE INCIDENT, THE AMOUNT PAID BY YOU UNDER THE TERMS FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OR DEFAULT OF A FUNDAMENTAL CONDITION OR TERM OR FUNDAMENTAL BREACH. THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT BUT FOR THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY, NEITHER RAYSYNC NOR ANY OF ITS LICENSORS OR SUPPLIERS WOULD GRANT THE RIGHTS GRANTED IN THIS AGREEMENT.
7.Disclaimer and Non-Waiver of Rights
Raysync makes no guarantees, representations, conditions or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Services is at your sole risk. The Services and Raysync are provided without warranties or conditions of any kind, whether express or implied, including, but not limited to, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, and non-infringement.
Raysync its subsidiaries, affiliates, and its licensors do not warrant that (a) the Services and Raysync will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Services and Raysync are free of viruses or other harmful components; or (d) the results of using the Services and Raysync will meet your requirements.
The Services are not fault-tolerant and is not designed, manufactured or intended for use in or in conjunction with on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation systems, air traffic control, or direct life support machines. Raysync, its licensors, suppliers, subcontractors and distributors specifically disclaim any express or implied representations, warranties and/or conditions for such uses.
If you breach any of these Terms and Raysync chooses not to immediately act, or chooses not to act at all, Raysync will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Raysync does not waive any of its rights. Raysync shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
8.Term and Termination.
Term. The term of this Agreement shall begin on the Effective Date and continue for the initial term and any renewal terms under any Order Form issued under this Agreement, unless the Agreement is earlier terminated as set forth herein.
Termination for breach.If a party materially breaches any provision of this Agreement and has not cured such breach within Seven days of receipt of notice of such breach, the other party may terminate this agreement by giving notice, but termination will be effective only if that breach is not cured within that period.
Upon termination of this Agreement, the rights and licenses granted by Raysync to Customer will terminate immediately. Sections 6,7,9 shall survive termination or expiration of this Agreement.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ 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 Services or Raysync after those revisions become effective, you agree to be bound by the revised terms.If you do not agree to the new terms, in whole or in part, please stop using the website and the Services.
10. Applicable Law
Raysync controls and operates this Service from its location in area of People's Republic of China and is subject to the Regulations on Technology Import and Export Administration of the People's Republic of China. Raysync makes no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside People's Republic of China, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to People's Republic of China law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the People's Republic of China Government for such purposes. You shall comply strictly with all People's Republic of China export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
If you have any questions about these Terms, please contact email@example.com.