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This Terms of Use (hereinafter the "Agreement") is an agreement between you (hereinafter "you" or "user") and Anker Innovations Limited and its affiliates (collectively, “Anker”, “we”, “us” and “our”) . The Agreement is applicable to all users accessing our Anker SOLIX professional websites, or applications, including ankersolix-professional-us.anker.com, ankersolix-professional-eu.anker.com, Business User Center and Anker SOLIX Professional App, as well as any specific website or application that references or links to this Agreement, collectivelly, "Our Site and/or App".
Before creating an account on Our Site and/or App, you should carefully read and fully understand all the terms and conditions of this Agreement, especially those regarding applicable laws, dispute resolution, the exemption of Anker from liabilities or restrictions to its liabilities, and your rights and obligations. Those terms and conditions are highlighted in bold for your convenience.
By clicking "Agree" on the relevant web page/applications and/or creating and using an user account (hereinafter "Account"), you are regarded as having read, understood, and agreed to this Agreement and to be bound by its terms.
By accessing and/or using Our Site and/or App, you represent and warrant that you are at least eighteen (18) years of age and reach the age of majority under the local laws, and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using Our Site and/or App on behalf of a business entity, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that business entity.
3.1 Creating an Account
When you access and use certain parts of Our Site, you may be asked to create a user account and/or to provide information that personally identifies you.
After successfully creating your account, you can use it to log in to our Anker SOLIX Professional App.
3.2 Information Accuracy
For the information you provide, we will only process that information for the purposes of verification of your identity and the purpose stated in the corresponding privacy policy. We will not process that information for unrelated purposes.
You represent and warrant that all user information you provide in connection with your Account and your use of our websites and/or applications is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal profile. You agree that you will not submit any fake content (including without limitation any username, likeness, or profile) to willfully and credibly impersonate another person, whether actual or fictitious. If we believe in our sole discretion that the information you provide is not current, complete, or accurate, we have the right to refuse you access to Our Site or App.
3.3 Account Security
You may be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to Our Site or App. You agree to notify us immediately of any unauthorized use of your Account. We shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your Account.
By recording the device owner's information in our applications, you commit and guarantee that you will collect the details provided, such as the owners' name, email, phone number, and the address where devices are installed, in a lawful and transparent manner. Prior to proceeding with the Owner Information Record, you commit to clearly informing the owners about the purpose, method, and scope of the collection and processing of their personal data, and that this information will be shared with Anker. You further commit to obtaining the device owners' explicit consent for this data collection and sharing.
Subject to your compliance with this Agreement, we grant you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access Our Site or App for your personal use.
This license does not include, and you must not:
Unless otherwise stated, we and/or our licensors own the intellectual property rights in Our Site or App and material on Our Site or App, and all rights not expressly granted in this Agreement are reserved by us.
You knowingly and freely assume all risk when using Our Site or App. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Anker and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, assigns, parents, subsidiaries, and related entities, including but not limited to Anker Innovations Limited, Fantasia Trading LLC and Anker Technology (UK) Ltd. (collectively, the "Anker Companies") from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or third parties, that may result from your use of Our Site or App.
We impose certain restrictions on your use of Our Site or App. Any violation of this Section 7 may subject you to civil and/or criminal liability.
You shall not use Our Site or App in any way that causes, or may cause, damage to Our Site or App or impairment of the availability or accessibility of Our Site or App, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You shall not use Our Site or App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You shall not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Our Site or App without our express written consent.
You shall not engage in any of the following conduct on Our Site or App, which is expressly prohibited: (a) providing false, misleading, or inaccurate information to us or any other person in connection with Our Site or App; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (d) attempting to probe, scan, or test the vulnerability of Our Site or App, or any associated system or network, or breaching security or authentication measures without proper authorization; (e) interfering or attempt to interfere with the use of Our Site or App by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (f) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, Our Site or App (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (g) creating additional Accounts to promote your (or another's) business, or causing others to do so; or (h) paying anyone for interactions on Our Site or App.
You shall not use Our Site or App to transmit or send unsolicited commercial communications.
You shall not use Our Site or App for any purposes related to marketing without our express written consent.
8.1 No Warranties
We, on behalf of ourselves and our licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding Our Site or App, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither we nor our licensors or suppliers warrant that Our Site or App will meet your requirements, or that the operation of Our Site or App will be uninterrupted or error-free. We disclaim all implied liability for damages arising out of the furnishing of Our Site or App pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to furnish Our Site or App, whether caused by acts of commission or omission, or any other damage occurring. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of us, Anker Companies, or our users, or their agents or representatives.
8.2 Your Responsibility for Loss or Damage; Backup of Data.
You agree that your use of Our Site or App is at your sole risk. You will not hold us or our licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of Our Site or App, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. Our Site or App may contain bugs, errors, problems, or other limitations.
8.3 Limitation of Liability
In no event shall we or our licensors or suppliers be liable to you for any claims arising from your use with Our Site or App, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to us or our licensors and suppliers arising out of or in connection with your use of Our Site or App. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between you and us. Our Site or App would not be provided without such limitations.
8.4 Application of Disclaimers
The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and us or between you and any of our licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Our licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through Our Site or App or otherwise shall alter any of the disclaimers or limitations stated in this section.
By creating an account and providing your email address and/or telephone number to us, you expressly consent to receive electronic and other communications from us, over the short term and periodically, including email communications. These communications will be about your inquiries, after-sales service for end users, etc.
You represent and warrant that, when using Our Site or App, you will obey all applicable laws and respect the intellectual property rights of others. Your use of Our Site and/or App is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
10.1 Trademarks
Anker, Soundcore, Eufy, Nebula, AnkerWork, AnkerMake, Anker Solix and the related logos (collectively, the "Marks") are trademarks or registered trademarks of Anker Companies, and used by us with permission. Other trademarks, Service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with Our Site or App may be the trademarks of third parties. Neither your use of Our Site or App nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Marks or any third-party trademarks, Service marks, graphics, logos, or domain names. You agree that any goodwill in the Marks generated as a result of your use of Our Site or App will inure to the benefit of Anker Companies, and you agree to assign, and do assign, all such goodwill to Anker Companies. You shall not at any time, nor shall you assist others to, challenge Anker Companies’ right, title, or interest in, or the validity of, the Marks.
10.2 Copyrights
10.2.1 All content and other materials available through Our Site and/or App, including without limitation logos, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by Anker Companies or are the property of our licensors and suppliers. Except as explicitly provided, neither your use of Our Site or App nor this Agreement grant you any right, title, or interest in any such materials.
10.2.2 Reporting Claims of copyright infringment
If you believe that one of our users is, through the use of our Site or App, unlawfully infringing on your copyright by submitting unauthorized material, and wish to have the allegedly infringing or unauthorized material removed, you may request removal of those materials by:
（(a) submitting written notification to our designated Agent (designated below) at the address listed below; or
(b) submitting the written notification to designated Agent via E-mail. When you send the E-mail, it should include all of the required information described below.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512)(“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
Legal Department
Anker Innovations Limited
Room 1318-19,Hollywood Commercial Center 610 Nathan Road, Mongkok Kowloon
Hong Kong, 999077 China
Email: legal@anker.com
Please note that your Counter Notice, including your contact information, may be shared with the party that filed the DMCA Notice against you.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the App or Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
By using Our Site or App, you agree that the exclusions and limitations of liability set out in the Agreement are reasonable.
If you do not think they are reasonable, you must not use Our Site or App.
Our Site or App may be linked with services of third parties ("Third Party Services"), some of whom may have established relationships with us and some of whom may not. We do not have control over the content and performance of Third Party Services. We have not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third Party Services. Accordingly, we do not represent, warrant, or endorse any Third Party Services, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Services. We disclaim, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party Services.
You accept that, as a limited liability entity, we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our officers or employees, or any Anker Companies, in respect of any losses you suffer in connection with Our Site or App.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Agreement will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as us and Anker Companies.
Without limiting any indemnification provision of this Agreement, you (the "Indemnitor") agree to defend, indemnify, and hold harmless us and Anker Companies (collectively, the "Indemnitees") from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, "Claim", and collectively, "Claims"), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to us, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of Our Site or App or Products; (iv) your provision to us or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (vi) your violations of Section 7 regarding prohibited uses of Our Site or App and other prohibited conduct; or (vii) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Anker Companies.
14.1 Termination
Without limiting any other provision of this Agreement, we reserve the right to, in our sole discretion and without notice or liability, deny the use of Our Site or App to any person for any reason or no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate if you breach any of this Agreement's representations, warranties, or covenants. Such termination shall be automatic and shall not require any action by us.
14.2 Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use Our Site or App. Upon termination, we may, but has no obligation to, in our sole discretion, rescind any services and/or delete from our systems all your Personal Information and any other files or information that you made available to us or that otherwise relate to your use of Our Site or App. Upon termination, you shall cease any use of Our Site or App.
After termination, we reserve the right to exercise whatever means it deems necessary to prevent your unauthorized use of Our Site or App, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.
15.1 Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under the Agreement without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the Agreement.
15.2 Severability
If a provision of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
15.3 No Waiver
A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.