QNAP System, Inc. ,Qmiix Global End User Agreement (“Agreement”)
Version:1
Please read this End User Agreement (“Agreement”) carefully before using Qmiix(“Service”).
1.By using the Service, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, unsure about the identity, technical ability or trustworthiness of QNAP System, Inc. (“QNAP”), please do not use the Service.
2. By using the Service, you agree QNAP can collect your personal data as described in the Privacy Notice【https://www.qnap.com/en/privacy-notice/qid】(“Personal Data”) in your account, Personal Data shall include the system information of the account and the test result generated by the Service that is gathered when you login and a test has been ran on the Service with or without additional notice and without liability to you. QNAP may use Personal Data, only as long as it is in de- identification, anonymous or any other form that does not personally identified you.
3. QNAP guarantees Personal Data will be used solely for improving the Service and our products will only be collectable under your consent. You acknowledge and agree that QNAP has no responsibility or liability under any circumstance at any time for any loss, corruption or reveal of your account data that may arise during the transferring of Personal Data.
4. By using the Service, you agree that the copyright of the usage data belongs to QNAP and the usage data might be provided to third party without additional authorization from you.
5. According to the EU General Data Protection Regulation and the applicable laws or regulations, QNAP can process the personal data of data subject only to fulfil contractual obligations or to preserve overriding legitimate interests. QNAP’s legitimate interests are the personal data of marketing and business purpose.
QNAP would not provide the personal data of data subject for any other persons or parties without written agreement and only collect the personal data about login, account name, your account activity, IP address and any other information you may provide us such as your interests and preferences. For more information with respect to QNAP Privacy policy or how to summit requests, please go to https://goo.gl/6zrq63.
6.QNAP reserves the right to modify, suspend or discontinue, temporarily or permanently, the Service or any service to which it connects, with or without notice and without liability to you. The modifications will be updated or regularly maintained.
7. Term and Termination: This Agreement shall remain in effect until you have stopping using the Service. QNAP may, in its sole discretion, at any time and for any reason, suspend or terminate this Agreement with or without prior notice. You may also terminate this Agreement by deleting the Service.
8. Amendments to this Agreement: QNAP reserve the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, QNAP will provide at least thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at QNAP’s sole discretion.
9. In no circumstance shall QNAP, its affiliates, or any of their respective officers, shareholders, employees, contractors or licensors (the “QNAP Parties”) be liable for any direct, indirect, punitive, special, exemplary, incidental, consequential or other damages of any kind (including but not limited to hardware and system damage, loss of Personal Data, loss of profits, loss of any other economic advantage) arising out of, or in any way connected with the service related to the Service, any interruption to use of the Service or any content obtained from or through the Service, even if the QNAP Parties from which damages are sought have been previously advised of the possibility of such damages.
10. Any dispute, claim, or controversy in connection with or arising under the use of the Service or this terms and conditions, its construction, existence, interpretation, validity, or any breach hereof which cannot be amicably settled between the QNAP Parties and other individual, group, organization or company (“The Parties”), shall be finally and exclusively resolved by arbitration under the laws of Taiwan, R.O.C.. Unless the country where The Parties located has special term or definition.
11. The parties agree that the dispute shall be resolved using one arbitrator unless the parties agree to a greater number of arbitrators. The arbitrator shall apportion the costs of the arbitration equally but may award or order reimbursement of legal fees and expenses in the manner deemed fair and equitable by the arbitrator. The arbitration proceedings shall be held in Taipei, Taiwan, R.O.C., and shall be subject to its terms and conditions, the intentions of the parties as stated herein, international commercial practice, and the governing law of this terms and conditions. The award in arbitration shall be final and binding, and judgment upon award may be entered in any court having jurisdiction or application may be made for judicial acceptance of the award and an order of enforcement. If it becomes necessary for either party to enforce an arbitral award by legal action or additional arbitration or judicial methods, the party against whom the award is ultimately enforced shall pay all reasonable costs and attorney’s fees incurred by the Party in enforcing the award. The foregoing terms shall not apply to claims made against QNAP in connection with an existing technical support agreement.
12. Please note that if you are a user outside TAIWAN.R.O.C. you consent to having your Data transferred to and processed in TAIWAN.R.O.C.
13. QNAP specifically disclaims any and all statutory or implied warranties, related to or arising in any way out of these terms, including any implied warranty or merchantability or fitness for a particular purpose. Except as provided above, in no event shall QNAP have any liability for any direct, indirect, special, incidental or consequential damages, including but not limited to damages for lost profits, loss of data, loss of use or equipment or facilities, or interruption of business, arising in any way out of these terms and conditions under any theory of liability, whether or not QNAP has been advised of the possibility of such damage.
Contact QNAP If you have any questions about this Agreement.
( TEL: +886-2-2641 1885
Service Hours: 09:30–18:00, Mon – Fri (GMT+8)
Sales mail address: qnapsales@qnap.com
TEL: +886-2-2641 2000
FAX: +886-2-2641 0555
3F., No.22, Zhongxing Road, Xizhi District, New Taipei City, 221, Taiwan)
