Terms & Condition
Acceptance of Terms of Service
These Terms of Service (the "Agreement" or "Terms of Service") are a legal agreement between you, either an individual or an entity ("you" or "user"), and VIATICK PTE LTD ( "VIATICK" ), regarding the Services, as defined below. VIATICK makes this solution (HTTPS://WWW.VIATICK.COM or HTTPS://WWW.BMS.VIATICK.COM) and all other Viatick domains included within this website (the "Website" ), including all information, graphics, documents, text, products and all other elements of the Website and all products offered on this Website and services operated through the Website, available for your use subject to the terms and conditions set forth in this document. By accessing and using this Website, using any Viatick services and/or downloading or purchasing any Viatick products, you agree to be bound by and to accept these Terms of Service and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Website. If you do NOT agree to all these Terms of Service, you should NOT use this Website. If you do NOT agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this Website, then you should NOT use the part of the Website which contains such Content or through which such transactions may be concluded and you should NOT use such Content or conclude such transactions. Also, when you use any current or future Viatick services or visit Viatick’s or its affiliates' websites or obtain any products or services, whether free of charge or for payment, of Viatick or any business affiliated with Viatick, whether or not included in the Website, you will be subject to the guidelines and conditions applicable to such services or business. These Terms of Service may be amended by Viatick at any time upon notice given by any of the following means: through the Website at or after you login to your User Account (as defined below), by email communication to the address provided by you when you set up your User Account. Failure to provide or maintain accurate or current contact information by you will not obviate your responsibility to comply with these Terms of Service as amended from time to time. Please check these Terms of Service published on this Website regularly to ensure that you are aware of all terms governing your use of this Website. Also, specific terms and conditions may apply to non-user generated specific content, products, materials, services or information contained on or available through this Website (the "Content") or transactions concluded through this Website. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service such specific terms will supersede these Terms of Service only to the extent that the content or intent of such specific terms is inconsistent with these Terms of Service. Viatick reserves the right to make changes or updates with respect to or in the Content of the Website or the format thereof at any time without notice. Viatick reserves the right to terminate or restrict access to the Website or any portion thereof for any reason whatsoever at its sole discretion.
You agree to use the Solution, [Viatick Apps], and Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. Viatick IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE WEBSITE, [Viatick APPS], AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using the Website and Services, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where Viatick is located or operates. This includes complying with applicable export and import restrictions as well as other restrictions.
Description of Services
HTTPS://WWW.BMS.VIATICK.COM refer to the backbone solution provided and managed by Viatick Pte Ltd. to manage your bluetooth/iot devices and APIs/SDK for your proposed solution.
Use of the Services by You
You agree to use the Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of the Services by any means other than through the means that is provided by Viatick or its authorized partners. You agree not to access or attempt to access any of the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Further, you agree:
- not to disrupt or interfere with any other user's enjoyment of the Website, the Services, or affiliated or linked sites;
- not to upload, post, or otherwise transmit through the Website or the Services any viruses or other harmful, disruptive, or destructive files;
- not to use or attempt to use another user's User Account, password, or system;
- not to access or attempt to access any Content or User Content (as defined below), which you are not authorized to access under the terms herein;
- not to disrupt or interfere with the security of, or otherwise cause harm to, the Website, Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through this Website or any affiliated or linked sites.
Your Passwords and Account Security
Security of User Content
Viatick will use all commercially reasonable efforts to restrict access to your User Content to authorized persons. However, no password-protected system of data storage and retrieval can be made entirely impenetrable. Although Viatick strives to make sure that all data on the Website is secure, you hereby acknowledge and accept that it may be possible for an unauthorized third party to access, view, copy, modify and distribute the data and files you store on the Website or via Services.
Viatick maintains a community resource for all users on its website which contains frequently asked questions and other useful information concerning the product and its use. In addition, Viatick will provide technical support for paying account holders of its Services and its Software (defined below). In order to receive technical support from Viatick, the user seeking such support must request such support by contacting Viatick using the contact us feature at HTTPS://WWW.BMS.VIATICK.COM. The user should describe the nature of the problem to be resolved as well as providing information about the user (name, address, etc). Viatick will make reasonable efforts to respond to such requests in a timely manner, The user will cooperate with Viatick when seeking technical support services by providing information necessary to assist Viatick or requested by Viatick while diagnosing or resolving the issue. Although Viatick cannot guarantee that a technical support issue will be resolved, Viatick will make reasonable efforts to perform technical support services in a professional manner.
Fee and Payments
All rights and privileges provided herein to you under these Terms of Service are subject to your payment of applicable fee, if any, to Viatick, provided however, that Viatick expressly reserves the right to provide the Services free of charge during the Term, and further provided, that Viatick, solely at its own discretion and upon termination of this Agreement, may elect to provide the same or similar Services for a fee. Payment for Services shall be at prices as agreed upon between you and Viatick. Viatick offers multiple Services plans for users, with different fees and functionality features for each plan ("Service Plan"). Payment, if any, shall be made in advance on a monthly-basis and is non-refundable. There will be no refunds or credits for partial months of Services. For instance, if you cancel your subscription to your Service Plan in the middle of a calendar month, you will still be responsible for paying any applicable fees for the rest of that month. All fees are exclusive of taxes, levies, or duties imposed by taxing authorities; you are responsible for paying any such applicable tax. You acknowledge that the amount billed each month may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to bill you for such varying amounts. In case of non-payment for any reason, Viatick reserves the right to immediately bar the User's access to the Services.
Information and Materials Provided By You
The term of these Terms of Service ("Term") shall begin when you start using this Solution or the Services and shall continue in perpetuity unless otherwise terminated by Viatick by written notice or you after the agreed period by written notice. Viatick reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, these Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Service, you must immediately cease using this Website and the Services including without limitation any use of Viatick‘s trademarks, trade names, copyrights and other intellectual property. Upon termination of this agreement you will no longer be authorized to use this website or the services in any way.
Links to Other Sites and Third Party Materials
This Website may provide links to other websites and/or third party products and Services that are not under the control of Viatick (together, "Third Party Materials"). Viatick shall not be responsible in any way for the content of such Third Party Materials. Viatick provides such links only for the convenience of the users of this Website and Services, and the inclusion of any link to any Third Party Materials does not imply endorsement by Viatick of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in this Terms of Service shall be construed as to grant you any rights or licenses with regard to such Third Party Materials or to entitle you to use such Third Party Materials.
Language of the Terms of Service
Where Viatick has provided you with a translation of the English language version of these Terms of Service into another language, you agree that the translation is provided for your convenience only and that the English language versions of these Terms of Service will govern your relationship with Viatick. If there is any contradiction between the English language version of these Terms of Service and the translation, the English language version shall control.
Copyright, trademark and all other proprietary rights in the Website, Content (including but not limited to software, services, audio, video, text and photographs) and/or Services rest with Viatick and/or its licensors. Unless otherwise specifically provided herein or authorized by Viatick in writing, all rights in the Website, Content and/or Services not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, its products or Services.
Viatick hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website are the properties of their respective owners. Viatick disclaims any proprietary interests in the intellectual property rights other than their own.
Warranties and Disclaimers
All content and/or services are provided "as is" and "as available." Viatick hereby expressly disclaims any representations or warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for any particular purpose, non-infringement, or as to the operation of this website, services or the content. Viatick does not warrant or make any representations as to the security of this website, content or services. You acknowledge that any information sent may be intercepted in transmission or otherwise. Viatick does not warrant that the website, content or the servers which make this website available or electronic communications sent by Viatick are free from viruses or any other harmful elements. Except as agreed by Viatick in writing, contractors, agents, dealers or distributors of Viatick or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties. The use of the services or the downloading or other use of any products through the website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Viatick assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the website or in connection with any services or products offered through the website. No advice or information whether oral or written, obtained by you from Viatick or from the website shall create any warranty not expressly stated in the terms of service. This solution may contain references to specific Viatick products and services that may not be available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. You understand and agree that by using this website and services contained therein, you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the website, services and products at your own risk. In no event shall Viatick or any of its affiliates be liable for any direct, indirect, consequential, punitive, special or incidental damages (including, without limitation, damages for loss of business, contract, revenue, data, information or business interruption), under any theory of liability, resulting from, arising out of or in connection with the use of, or inability to use this website or the content, products, services, the statements or actions of any third party on or through this website, any unauthorized access to or alteration of your transmission or data, any information that is sent or received, or not sent or received, any failure to store data, any loss of data, loss or damage to files, loss or damage to the content, any services available through the website that are delayed or interrupted, even if Viatick has been advised of the possibility of such damages. any action brought against Viatick pertaining to or in connection with this website must be commenced and notified to Viatick in writing within one (1) year after the date the cause for action arose. Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
You hereby warrant that: (i) all information provided by you to Viatick in connection with the service is true, accurate, correct, and up to date; (ii) you have full power and authority to enter into the terms of service; (iii) you are of legal age to form a binding contract with Viatick; (iv) you will seek all necessary governmental approvals required to effectuate these terms of service; (v) you shall perform all of your obligations under these terms of service in accordance with applicable laws; and (vi) your editorial, text, graphic, audiovisual, and other content that is available to end users of this website and that is not provided by Viatick, or this website do not (1) infringe any intellectual property rights of any third party, (2) constitute defamation, libel or obscenity, (3) result in any consumer fraud, product liability, breach of contract to which you are a party or cause injury to any third party, (4) promote violence or contain hate speech, (5) violate any applicable law, statute, ordinance, or regulations, or (6) contain adult content or promote illegal activities.
You may from time to time provide suggestions, comments or other feedback to Viatick with respect to any product, material, software or information provided by Viatick (hereinafter "Feedback"). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for Viatick. However, Viatick will not disclose the source of any feedback without notice to the providing party. Viatick shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to you. The foregoing shall not, however, affect either party's obligations hereunder with respect to the information protected pursuant to any Viatick Privacy Policies posted on this Website.
Notice and Procedure for Making Claims of Copyright Infringement
It is Viatick policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Viatick Copyright Agent with the written information specified below. (Please note that this procedure is exclusively for notifying Viatick and its affiliates that your copyrighted material has been infringed.
An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on this Website;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Viatick 's Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:
Name: Sabrina E-mail: email@example.com
Repeat Infringer Policy
In compliance with the Digital Millennium Copyright Act, it is Viatick‘s policy to terminate User Accounts of those users who are considered by Viatick, solely at its own discretion, Repeat Infringers. Repeat Infringers are users of Viatick Solution, [Viatick Apps], and/or Service, known identified by their user names or another unique identifier, about whom we Viatick has received more than one DMCA takedown notifications that resulted in the permanent removal of such User Content, posted at the direction of that user, from the Solution, [Viatick App], and/or Services. Please note that Viatick may terminate a Repeat Infringer's access to the Website, [Viatick App], and Services at its sole discretion. However, nothing in this Repeat Infringer shall prohibit or constrain Viatick from terminating a User Account or a user's access to the Website, [Viatick App], or Services at any time and for any reason. You hereby acknowledge and agree that the particular circumstances surrounding each instance of claimed infringement may require a response from Viatick tailored to that specific situation. Accordingly, Viatick expressly reserves the right to terminate any User Accounts and access to the Solution, Viatick App, and Services of any user if, in its sole judgment and for any reason, we believe that circumstances relating to the infringement of third party intellectual property rights warrant such action, or any other reason.
Contests and Promotions
From time to time, Viatick may conduct promotions and contests on or through the Website, including, without limitation which may be subject to additional terms and/or
Viatick may offer certain software, to be used in conjunction with the Services, for downloading from or through this solution ("Software"). Such Software shall be licensed subject to the terms of the applicable end use license agreement. Both the Software and any accompanying documentation made available through this Website are the copyrighted works of Viatick. You must agree to the terms of the applicable end user license agreement prior to use of such Software. Except as otherwise specifically provided herein or in the applicable end user license agreement or as otherwise agreed by Viatick in writing, you may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work, otherwise reverse engineer, or transfer the licensed program, or any subset of the Solution, its products or services. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution. Warranties, if any, with respect to such software shall only apply as expressly set forth in the applicable end user license agreement. Viatick hereby expressly disclaims all further representations and warranties of any kind, express or implied, including warranties of merchantability, fitness for any particular purpose or non-infringement with respect to the software. Without limiting the foregoing, Viatick makes no warranty that: either the Services or Software will meet your requirements; either the Services or Software will be uninterrupted, timely, secure, or error-free; results that may be obtained from the use of the Services or Software will be effective, accurate, or reliable; the quality of any Services or Software purchased or accessible by you through the Website will meet your expectations; any errors in the Services or Software, or any defects in the Solution, Services or Software will be corrected.
Service and Software Updates
You recognize and agree to the condition that the Services will be updated and modified from time to time. These modifications may take the form of bug fixes, enhanced functions, new modules, changes in the user interface, conformity to new regulations, or other forms. Such updates and modifications can be made without advanced notice. If you download the Software, it may automatically download and install subsequent updates for such Software from Viatick. These updates are designed to improve, enhance and further develop the Software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates and permit Viatick to deliver these to you as part of your use of the Software.
- may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening;
- may infringe any intellectual property or other right of any entity or person;
- may violate any applicable law or advocates illegal activity;
- advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity;
- disrupts the normal flow of dialogue or otherwise acts in a way which affects the ability of other people to engage in real time activities via Viatick's solution;
- includes programs which may contain viruses, worms, trojan horses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication;
- violates any policy or regulation established from time to time regarding use of this Website or any networks connected to this Solution; or
- contains links to other sites that contain the kind of content which falls within the descriptions set out in above.
Unlawful or Prohibited Use
You may not use this Solution or Services for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of this Solution. You may not use this Solution or Services in any manner that could damage, disable, overburden, or impair this Solution or Services, or that interferes with any third party's use and enjoyment of this Solution or Services. You agree that you will not use any third-party software that intercepts, "mines", or otherwise collects information from or through the Solution or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Viatick to all users of this Solution or Services. You shall not institute, assist, or become involved in an attack upon any Viatick infrastructure or otherwise attempt to disrupt the Viatick infrastructure. Any attempt by you to damage Viatick's infrastructure or undermine the legitimate operation of Viatick is a violation of criminal and civil laws and, should such an attempt be made or assistance for such an attack be provided, Viatick reserves the right to seek damages from any such user to the fullest extent permitted by law.
You hereby agree to indemnify and hold harmless Viatick, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service.
Linking to this Solution
Linking to this Solution is permitted provided that you comply with the following rules. You may link to the home page of this Solution or to any other page of this Website. However, you are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that Viatick endorses or sponsors the linker or its Solution, products or services. You must not use Viatick's intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from Viatick. Furthermore, you agree to remove the link at any time upon Viatick’s request.
Ending Your Relationship with Viatick
These Terms of Service will continue to apply until terminated by either you or Viatick as set out below. If you want to terminate this legal agreement with Viatick (i.e. these Terms of Service), you may do so by (a) notifying Viatick at any time in writing at the address provided below and (b) closing your User Account. Your notice should be sent to firstname.lastname@example.org. Viatick reserves the right to terminate these Terms of Service with you at its own discretion at any time, upon notice, and without any liability to Viatick whatsoever. You are solely responsible for cancelling your User Account. You can cancel your User Account by selecting the appropriate option in your User Account interface. Upon termination of your User Account, your User Content will be deleted from the Website and Services.
Viatick may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You, however, may not assign or delegate any rights or obligations under these Terms of Service without Viatick's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
If this Solution is not available for any period or any time, Viatick shall not be liable. Viatick gives no warranties as to the accessibility, performance, or availability of the Solution or Services. Temporary suspension of access to this Solution or Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. Viatick reserves the right to suspend the operation of the Services, this Solution, or any part thereof. You agree that neither Viatick nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on this Solution.
Viatick will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of Viatick.
Agreement to Deal Electronically
All transactions with or through this Solution or Viatick may, at our option, be conducted and executed electronically. We may keep records of any type of communication conducted via this Solution. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
You acknowledge and agree that any violation or breach of these Terms of Service may cause Viatick immediate and irreparable harm and damages. As a result, Viatick has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to Viatick in law or in equity, Viatick may seek specific performance of any term in these Terms of Service.
Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service are held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
© 2014-2019 BMS.VIATICK.COM, Powered by VIATICK PTE LTD. Designed and Developed by: Team Viatick