“Terms of Use”

Last updated: September 10, 2023

Thank you for your trust and for using the Altverse App. Please read the following terms and conditions and use agreement carefully before using the Altverse mobile application.

Altverse Robotics Co., Ltd. (“Altverse,” “we,” or “us”) provides the Altverse mobile application (“App”) and all associated software, services, extensions, subdomains, and application programming interfaces related to the App (“Services") for your use to enhance your interaction with our App, subject to compliance with the stipulations set forth in this Terms of Use Agreement (“Agreement”). By accessing and using the App and Services, you agree to the following:

"By clicking the “Accept” button associated with this agreement, or by downloading, installing, copying, or otherwise using the applications to which this agreement relates, you agree to be bound by the terms of this agreement. If you do not agree to be bound by the provisions of this agreement, you may not install, copy, or use, and you must immediately delete all copies of the application from the device.

Altverse may modify this Agreement without prior notice from time to time. You are advised to review it regularly to stay informed about any changes. By continuing to use the services after any changes have been made, you acknowledge your acceptance of such changes."

1. Scope of the Services

1.1 Services:

The device is a robotic lawnmower. Before using it, please read the User Manual carefully. We and our affiliated entities are not responsible for injuries or damages resulting from inexperienced operation or non-compliance with the instructions in the User Manual or Quick Start Guide. By using the device, you acknowledge your responsibility for its safe use and commit to thoroughly reviewing the User Manual and Quick Start Guide before operation.

1.2 Basic Requirements:

By accepting this Agreement, you hereby declare and affirm that:

· You (i) are at least 18 years of age, and (ii) possess the full authority and capability to enter into and fulfill your obligations under this Agreement;

· All information you provide for the purpose of account registration is truthful and complete to the best of your knowledge;

· You will adhere to the terms and conditions of this Agreement, as well as any other related agreements applicable to your use of our App or its constituent parts;

· If applicable, you have provided us with and will maintain, accurate and complete details, including but not limited to your legal name, email address, mobile number, and any other data that we may reasonably require;

· Your access to and use of our App, or any of its components, will not violate any other contract, agreement, terms of use, or applicable law or regulation to which you are bound;

· You acknowledge and consent to the following: (i) your responsibility to safeguard and maintain the confidentiality of your account username, password, and other login or registration details linked to your App account, and (ii) your obligation to promptly notify us if you become aware of or suspect any unauthorized disclosure or accessibility of your contact information or other account-related login or registration information;

· You pledge to adhere to all instructions outlined in the User Manual and the Quick Start Guide whenever you use the Device.

1.3 Connectivity and Availability:

a. Internet and Wireless Connectivity: The device may require an internet connection or data plan from a third-party provider for the use of certain features. In such cases, your agreement with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Services on your mobile device (“Mobile Device”). You may be asked to activate Bluetooth on your mobile device to use specific parts of the App. You acknowledge that your Mobile Provider may charge you for your use of its network while accessing or using the Services, including data downloads, email, text messages, roaming, and other charges imposed by the Mobile Provider or third parties. YOU ARE SOLELY RESPONSIBLE FOR SUCH FEES AND CHARGES. You shall not:

(1) Install, use, or allow the Technology to exist simultaneously on more than one Mobile Device or on any other Mobile Device or computer, except through separate downloads of the App, each subject to an individual license; (2) Distribute or establish links to the Technology across multiple Mobile Devices or other services; or

(3) Make the Technology available over a network or other environment that allows access or use by multiple Mobile Devices or users at the same time. The term “Technology” includes our App, our information databases, the designs associated with each of the foregoing, all underlying software and information, algorithms, methodologies, institutional knowledge, all materials related to the Services, all data transmitted to you via the Services, and all derived Intellectual Property Rights, along with any other proprietary technology used within our App.

b. Availability: Certain Services may be unavailable, subject to variations (based on the device or geographical location, for example), offered for a limited time, or require separate subscriptions. You acknowledge that the Services are delivered over the internet and mobile networks and therefore, the quality and availability of the Services may be affected by factors beyond our control. For example, if the Device requires wireless data services and is located in an area where such services are not available, you may not be able to access some or all of the Services or other functionalities of the Device. We are not responsible for the unavailability of wireless data services or any resulting loss of Services. We do not guarantee that the Services will be compatible with your Mobile Provider’s service plans, any particular mobile device, or any other hardware, software, equipment, or device you use in conjunction with your Mobile Device.

1.4 Information Received, Backup, and Restore:

The App will provide us with data about the use of the Device and its interaction with the Services. Information sent to us may be processed in the cloud to enhance your user experience and improve our products and services. Additionally, this data may be stored on servers located outside the country where you reside. We collect, store, and use personal information obtained from you in accordance with our Altverse App Privacy Notice, which is incorporated into this Agreement by reference.

The Device may include a feature that allows for the backup of certain data from your device to the cloud, including account settings, notes, wireless configurations, history, and communications. This backup enables the potential restoration of said data onto the Device at a later time.

1.5 Intellectual Property:

Unless otherwise specifically stated, the contents (including but not limited to web pages, texts, images, audio, video, graphics, music, sounds, and other materials and information (collectively referred to as “Content”) are protected by copyrights, patents, trademarks, and other intellectual property laws. Altverse retains exclusive ownership of all rights, titles, and interests in and to all Contents.

1.6 License Granted to Customer:

Subject to your compliance with all obligations outlined in this Agreement, Altverse: (a) Grants you a limited, revocable, non-exclusive, non-transferable license to use and access the App on one or more compatible device(s) that you own or legitimately control;

(b) Allows the use of Technology to obtain Services as requested through our App;

(d) Permits data input and information submission through the App.

All use of the App and Services is subject to compliance with this Agreement. Any use of the App or Services beyond the scope of this license is strictly prohibited and constitutes a breach of this Agreement, which may result in the immediate termination of your right to access and use the Services and App.

You are not acquiring any rights in or to the Technology, except for a non-exclusive right to access and use our App exclusively in accordance with the terms of this Agreement. “Intellectual Property Rights” refers to all registered and unregistered rights, granted, applied for, or existing under or related to any patent (including all reissues, divisions, continuations, and extensions thereof), copyright, trade name, trademark, service mark, logo, trade dress, trade secret, mask work, rights in technology, know-how, rights in content (including performance and synchronization rights), database protection, or other intellectual property rights protected under the laws of any governmental authority with jurisdiction.

1.7 Modification:

We reserve the right to discontinue or modify any aspect of our App, change the user experience, introduce new user functionalities and applications, restrict the availability duration of our App, and limit the extent of its use at our sole discretion, without prior notice or liability to you. We may also implement bug fixes, updates, patches, and other enhancements to our App without prior notice or liability to you. Your sole recourse in the event that you do not wish to use or be subjected to a modification we implement for our App is to stop using it.

1.8 Termination of Access:

Your access to our App is provided on a temporary basis with no guarantee of future availability. You agree to the possibility of our immediate suspension or termination of your access to our App or any part thereof. Reasons for such actions may include, but are not limited to:

(a) Breach or violation of this Agreement or other incorporated agreements or guidelines;

(b) Changes or significant modifications to our operations;

(d) Extended periods of inactivity; or

(e) Your engagement in fraudulent or illegal activities. You further agree that such actions may be taken at our sole discretion and without liability to you or any third party.

1.9 Links and Third-Party Materials:

Our App may include materials owned or licensed by third parties, along with open-source software, and links to websites owned by third parties, collectively referred to as “Third-Party Materials.” Altverse makes commercially reasonable efforts to keep the Third-Party Materials available through our App but disclaims any liability or obligation to you regarding your right to use such Third-Party Materials. Therefore, you acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss allegedly caused by, related to, or resulting from your reliance on or use of any Third-Party Materials available on or through our App. To be clear, any Third-Party Materials are provided strictly “as is,” without any warranty, to the extent permitted by applicable law. We strongly recommend that you review any specific terms of use and privacy policies that govern the use of Third-Party Materials where available.

1.10 Usage Restrictions:

You are expressly prohibited from engaging in any of the following activities, either directly or indirectly:

· Licensing, sublicensing, selling, reselling, transferring, assigning, distributing, or otherwise commercially exploiting our App or Services, or making them available to any third party in any way;

· Transferring, assigning, sharing access to, or making available your App account to any other individual or entity, including but not limited to the disclosure of your account’s username and password;

· Using the Services or App in a way that misappropriates trade secrets or infringes upon copyrights, trademarks, patents, rights of publicity, or any other proprietary rights of any party;

· Copying, altering, disassembling, reverse engineering, decrypting, framing, or translating any part of the Services or App, or attempting to access, decompile, reverse engineer, or otherwise extract the source code, algorithms, structure, or concepts upon which the Services and App are based, or attempting to copy, modify, delete, or alter any content or functionality within the Services and App;

· Using our App, Technology, or Content to develop a competing service or product or to gain competitive intelligence about us, our App, our Services, or any product or service offered by Altverse or our affiliates;

· Employing any device, software, malicious code, or destructive routine designed to disrupt or impede the proper operation of our App, servers, or networks connected to our App, or engaging in any activity that interferes with another person’s use of our App or Services;

· Introducing any viruses, rogue programs, Trojan horses, worms, or other malicious or intentionally destructive code, software routines, or equipment components designed to gain unauthorized access to the Services and App and disable them. You are also prohibited from introducing back doors and time bombs into the system.

· Using our App and Services for unlawful purposes;

· Developing software capable of launching from our App;

· Deleting content from our App;

· Accessing Altverse computer systems apart from our App;

· Accessing other people’s information;

· Encouraging illegal activities,or posting, uploading, or transmitting anything obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity;

· Assuming someone else’s identity;

· Using our Services in a way that contravenes this Agreement.

2. DISCLAIMERS

2.1 General Disclaimer:

YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK. Our App is provided “as is” and “as available,” and is your sole responsibility. We expressly disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Specifically, we do not guarantee that our App will meet your requirements, that its use will be uninterrupted, timely, secure, or error-free, that any defects in its operation or functionality, as well as any content or information available through our App, will be accurate or reliable, that defects in the operation or functionality of our App will be corrected, or that it will be free from viruses. Furthermore, we do not guarantee that the quality of information, content, or other materials obtained through our App will meet your expectations. Some jurisdictions may not allow the exclusion of certain warranties; therefore, some of the above limitations may not apply to you.

2.2 System Unavailability and Errors:

There may be times when the Services and App are unavailable due to technical errors, network interruptions, maintenance, or support activities. We do not represent, warrant, or guarantee the continuous availability of the Services and App or their complete immunity from human or technological errors.

The Services and App may contain typographical errors, inaccuracies, or omissions, and certain information may be incomplete or outdated. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information without prior notice. We do not make any representation or warranty regarding errors, omissions, delays, or deficiencies in the Services or App or in any information delivered through them. We also do not guarantee that files available via the Services or App are free of viruses, worms, Trojan horses, or other code with contaminating or destructive properties.

2.3 Compatibility:

You are responsible for providing the necessary equipment and internet connections to access the Services and App at your own expense. We do not warrant that the Services and App will be compatible with your computer, tablet, mobile device, network, installed software, internet or mobile carrier service plans, or any particular hardware, software, equipment, or device you use with your computer.

3.INDEMNIFICATION; LIMITATION OF LIABILITY

3.1 Limitation of Liability:

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL ALTVERSE OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE SERVICES OR OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF ALTVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION TO THE TERMS SET FORTH HEREIN, IN NO EVENT SHALL ALTVERSE BE LIABLE FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN THE SERVICES. THE SAME SHALL APPLY AND SHALL INCLUDE PERSONAL LIABILITY OF ITS AND ALTVERSE`S EMPLOYEES, REPRESENTATIVES AND OTHER GRANTS.

3.2 Indemnification:

You shall indemnify, defend and hold harmless Altverse and our affiliated entities, partners, directors, managers, equity holders, employees, and agents against any and all claims, liabilities, damages, losses, demands, fees, costs, or expenses, including attorney’s fees and expenses, arising in connection with or as a result of:

(a) your use of our App or Services;

(b) your violation of this Agreement;

(d) your acts of negligence or willful misconduct.

3.3 Term, Termination, and Suspension:

This Agreement shall remain in force until either your discontinuation of the use of the App or Services or the termination of this Agreement as outlined herein. Altverse reserves the right to terminate or suspend this Agreement, along with your license to access and use the Services and App, through written notice under the following circumstances:

(a) in the event of your breach of any provisions within this Agreement; or

(b) in the event of your violation of any Intellectual Property Rights held by Altverse, our affiliates, or third-party licensors. Upon termination or expiration of this Agreement for any reason, your licenses shall promptly and automatically terminate obliging you to cease accessing and using the App and Services. All provisions of this Agreement that reasonably should survive following its termination will do so. For example, obligations concerning confidentiality shall persist beyond the termination of this Agreement. Termination of this Agreement does not constitute Altverse’s exclusive recourse as all other remedies will remain available to Altverse. You hereby acknowledge that Altverse may without incurring liability suspend your access to the App and Services through written notice to you in the following scenarios: (i) if we have a reasonable belief that the App or Services are being used in violation of this Agreement; (ii) if you fail to cooperate with our reasonable investigation of any suspected violation of this Agreement; (iii) in the event of an occurrence for which we reasonably believe that suspending access to the App or Services is necessary to protect the network other customers Altverse or our affiliates; or (iv) if required by law.

4.DISPUTE RESOLUTION AND GOVERNING LAW

4.1 Governing Law:

The conclusion, entry into force, performance, interpretation, and dispute resolution of this Agreement shall be governed by the laws of the country where the Altverse services are provided to you.

4.2 Dispute Resolution:

To the extent practicable, both parties aim to resolve any dispute, claim, or controversy arising from or related to your use of or access to our App or Services, this Agreement, or any breach, termination, enforcement, interpretation, or validity thereof (referred to as a “Dispute”) through good faith discussions and negotiations with each other. The parties commit to attempting resolution of any Disputes by engaging in negotiation via phone, electronic correspondence, or written communication. If, despite making a genuine effort, we fail to resolve any Dispute, you and Altverse agree to settle such Dispute through confidential binding arbitration as set forth below.

4.3 Binding Arbitration:

If informal negotiations do not resolve a Dispute between you and Altverse, either party may opt to have the Dispute (except those expressly excluded below) ultimately and exclusively resolved through binding arbitration. The election to arbitrate by one party shall be final and binding on the other party. The arbitration process shall be initiated and conducted in accordance with the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (the “AAA”) and, as applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes (the “AAA Consumer Rules”), both accessible through the AAA’s website at www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and decided by a court rather than an arbitrator. The fees for arbitration and the allocation of arbitrator compensation shall be governed by the AAA Rules and, where applicable, restricted by the AAA Consumer Rules. Arbitration may be conducted in person, through document submissions, via telephone, or online. The arbitrator’s decision shall be rendered in writing, though a statement of reasons need not be provided unless requested by a party. The arbitrator must adhere to applicable law, and any award may be subject to challenge if the arbitrator fails to do so. With the exception of provisions within this Agreement, you and Altverse may resort to litigation in court to compel arbitration, suspend proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on an arbitrator’s award.

4.4 Waiver of Rights:

By agreeing to binding arbitration as outlined in this Section, you hereby acknowledge and understand the implications, including the forfeiture of any constitutional rights to have the Dispute resolved in a court of law or before a jury and any entitlement to a trial de novo in court following nonbinding arbitration of a dispute concerning fees or costs. It is acknowledged that the scope of information discovery in arbitration may be limited, and that the arbitration decision will be conclusive and binding except insofar as judicial review may be available. ALL CLAIMS AND DISPUTES WITHIN THE PURVIEW OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND MAY NOT BE BROUGHT AS PART OF A CLASS ACTION. CLAIMS BROUGHT BY MORE THAN ONE CLIENT OR REGISTERED USER CANNOT BE ARBITRATED OR LITIGATED TOGETHER OR CONSOLIDATED WITH THE CLAIMS OF ANY OTHER CLIENT OR REGISTERED USER.

5.MISCELLANEOUS

5.1 Assignment:

You are prohibited from assigning, transferring, or selling your rights and obligations under this Agreement, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment without our consent shall be null and void and considered a violation of this Agreement. We retain the right to assign this Agreement or delegate/subcontract our obligations under it at any time.

5.2 Entire Agreement:

This Agreement constitutes the entire agreement between you as the user and Altverse as the app provider regarding the use of our App, superseding all prior oral or written agreements on the same subject. The fact that we may not enforce a particular provision of this Agreement does not relinquish our right to enforce it or any other provisions at any time. If a term or provision of this Agreement is found to be invalid, illegal, or unenforceable under applicable law, the remaining terms and provisions of this Agreement shall remain in full force and effect. We reserve the right to amend and renew this Agreement periodically and will publish the updated Agreement on our App. UNLESS OTHERWISE SPECIFIED IN THE REVISED AGREEMENT, ANY MODIFICATIONS TO THIS AGREEMENT WILL TAKE IMMEDIATE EFFECT UPON POSTING. While we are not obligated to notify you of changes, they will not apply retroactively to prior events. Your continued use of our App constitutes your consent to any new terms included in the revised Agreement.

5.3 Survival of Provisions:

Provisions within this Agreement designed to endure beyond its expiration or termination, including but not limited to those governing intellectual property ownership and usage, disclaimers, liability, indemnification, applicable law, jurisdiction, venue, remedies, post-termination rights, and interpretation, shall remain in full force and effect for their entire statutory duration following the termination or expiration of this Agreement.

5.4 Force Majeure Events:

Neither party shall be held liable for any inadequate or delayed performance under this Agreement resulting from conditions beyond their reasonable control, including but not limited to natural disasters, acts of war or terrorism, riots, labor conditions, governmental actions, and disruptions in Internet services.

5.5 Electronically Conducted Business:

Both parties acknowledge and consent to the use of electronic records and electronic signatures for the execution, delivery, and communication of this Agreement, as well as any related agreements, notices, disclosures, or documents. These electronic records and signatures are integral to our mutual obligations and rights under this Agreement. Neither party shall hinder or impede the other party’s ability to print, save, or securely store electronic records exchanged between them. You expressly agree not to challenge the validity, authorization, or enforceability of electronic records and electronic signatures, including the admissibility of their copies under any relevant law pertaining to written agreements or signatures. You are responsible for any costs associated with conducting electronic transactions and must take all necessary steps including software hardware and equipment upgrades to enable electronic business transactions.

Contact us: For more support with the Altverse Device, the Services, App, or resolving other issues please feel free to contact us.

Altverse Robotics Co., Ltd.

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Tel:

Technical Support Email: xxx@altversebot.com