Effective date: September 15, 2020.
TAS Smart's device, APP and related products (hereinafter collectively referred to as “TAS Smart Services”) are provided by Touch and Solve (hereinafter referred to as “TAS Smart”).
Thank you very much for using TAS Smart Services. To have a better experience when using TAS Smart Services, please read carefully and fully understand the terms of the TAS Smart User Agreement (hereinafter referred to as “the Agreement”). If you do not accept the Agreement, please do not use TAS Smart Services. By creating your account or otherwise using TAS Smart Services, you shall be deemed to have agreed to be bound by the terms of the Agreement, and such terms shall constitute a binding agreement between you and TAS Smart. Below are the specific terms of the Agreement:
For how we will deal with your data, please read our Privacy Policy. By using TAS Smart Services, you shall be deemed to have agreed that we can collect and use your information in accordance with our Privacy Policy.
If you are under 16 years old (or under 13 years old in some jurisdictions), you are not allowed to use TAS Smart Services. If we believe that you are under 16 years old (or under 13 years old in some jurisdictions), we may terminate your account and your use of our services.
To take full advantage of TAS Smart Services, you need to create an account, for which purpose, you need to provide us with a valid E-mail address and a secure password. You are responsible for ensuring the security of your account and password, and will be held liable for all actions that occur in your account. TAS Smart shall not be held liable for any of your losses or damages caused by your failure to keep your account and password confidential. If you find or suspect any security breaches in TAS Smart Services or your account, please contact us. If you do not create an account, you can only use part of the services provided by TAS Smart. When TAS Smart provides services to you, it may collect your information (refer to our Privacy Policy).
To take full advantage of TAS Smart Services, you need to use a supporting mobile device (such as mobile phone) that can be connected to the Internet, and a smart device such as sports bracelet or watch. The maintenance and safety performance of such devices may affect the services of TAS Smart, so you are responsible for ensuring the normal operation and safety of such devices. It is your responsibility to bear all Internet access fees. Please check with your Internet provider for possible Internet data usage charges.
The “TAS Smart Contents” include any photos, images, graphics, videos, audios, data, texts, music, software, works in any form and other information, contents or data released, generated, provided or otherwise made available by us through TAS Smart. TAS Smart reserves the rights to TAS Smart Contents and all rights that are not expressly specified in the Agreement. Unless otherwise specified in the Agreement, your use of TAS Smart Services shall not constitute the transfer of any ownership of TAS Smart Services or TAS Smart Contents to you or any other person. You agree that you will not modify, delete, extract or hide any TAS Smart Contents contained in TAS Smart Services, or any accompanying statement on copyright, trademark, service mark or other proprietary rights by any means. You shall not duplicate, imitate or use our logo contained in TAS Smart Contents, any other TAS Smart trademarks that may appear in TAS Smart Services, or the overall appearance and style of TAS Smart Services without our prior written permission.
TAS Smart Services record your training data and health data, which will be used only for your private and non-commercial purposes. Below are the main functions of TAS Smart Services.
Please note that we will update the APP or software from time to time, and the actual functions will depend on the version you are using.
TAS Smart grants you a limited, non-exclusive, non-transferable and revocable license (no sub-licensing is allowed) to: (1) use TAS Smart Services; (2) view TAS Smart Contents; (3) use the APP provided by TAS Smart Services; and (4) use the APP built into your TAS Smart device or call the APP from your phone, as authorized in the Agreement. This license will be granted only when you use TAS Smart Services for your personal and non-commercial purposes in the manner permitted by the Agreement.
You may not use, sub-license, duplicate, adapt, modify, translate, disclose, produce derivative works, disseminate, license, sell, lease, transfer, publicly display, publicly demonstrate, communicate, broadcast or otherwise use the TAS Smart Contents, TAS Smart Services or any part thereof (including any third-party software or APP), unless expressly permitted by the Agreement. You cannot obtain licenses or rights to any intellectual property owned or controlled by TAS Smart or its licensors by implied or other means, except for the licenses and rights expressly granted in the Agreement.
The images, names and other information you upload are your contents. You are solely responsible for your contents. You agree that none of your contents will be of the following nature: false, defamatory, infringing, harmful, pornographic, offensive, bullying, harassment, scandal, hatred, incitement, threats, profanity, obscenity, invasion of privacy or otherwise objectionable, including but not limited to facilitating illegal activities, promoting violence, and any discriminatory or illegal contents that may incur civil liabilities.
TAS Smart Services are not intended for the diagnosis, handling, treatment or prevention of any disease. If you have any medical condition or heart disease, please consult your doctor before using TAS Smart Services or participating in a training program. In case of a medical emergency, please consult a medical professional immediately.
Long-time contact with the wearable device may cause skin irritation or allergies to some users. To reduce discomfort, please follow the following 4 wearing and maintenance suggestions: (1) keep the device clean; (2) keep the device dry; (3) do not wear the device too tightly; (4) after long-time wearing, please take off the wristband and allow your wrist to rest for an hour. If you notice skin irritation, pain, tingling, numbness, burning or stiffness on your hand or wrist while or after wearing the device, please take off the device and stop using it. If the symptoms persist for more than 2~3 days after you take off the device, please consult your doctor.
Using the heart rate measurement function of TAS Smart products may pose risks to users with certain diseases. If you (1) have any medical condition or heart disease, (2) are taking any photosensitive drug, (3) suffer from epilepsy or are sensitive to flashes, (4) suffer from poor blood circulation and are prone to bruising, or (5) suffer from tendinitis, carpal tunnel syndrome or other musculoskeletal diseases, please consult your doctor before using TAS Smart products.
For the sales, return and warranty policies of TAS Smart Services, please consult your dealer, distributor or other sales entities. You must accept the Agreement when placing an order. We may reject or restrict your order by any reason. Paid services:The “paid services” include some special features or services, which can be purchased through one-time payment or auto renewal. We may change, suspend or cancel some services at any time. Also we have the rights to decide which part of the TAS Smart services needs to be paid. If you don’t pay the fees, we have the right to stop offering you such goods and services.
Some paid services are purchased through one-time payment. Once paid for these services, you may not be able to cancel them or obtain a refund.
Free trials: From time to time, we may provide free trials of certain services for a limited period of time. Once the free trial is over, we have the right to stop offering you such goods and services. Any paid service is private for you. No one else should be able to use it. Do not allow anyone else to use your paid services. Do not share your password with anyone else.
While using this App, keep your device, related account number and password safe to prevent your family, friends or other third parties (especially minors) from using your identity and payment ID to purchase or pay for any goods or services without your consent. We will not be liable to you for any loss caused for this reason.
If you submit comments, suggestions or feedback to us, you agree that we can use, disclose, duplicate, distribute or utilize them in compliance with our Privacy Policy without offering you any compensation. We do not waive any right to use any suggestions or feedback that are previously known or developed by TAS Smart, or any similar or related suggestions or feedback obtained from sources other than you. Our feedback and submission policy is an integral part of the Agreement.
You may receive notifications, text messages, reminders, emails and other electronic communications during the use of TAS Smart Services. You agree to receive these communications. You can use “Account Settings” to control most of the communications from TAS Smart Services. We may need to send you certain communications, such as software update notifications. Any notifications, agreements, disclosures or other communications that we send to you electronically will meet any legal communication requirements, including the requirements for written communications.
Among TAS Smart Services, the online payment service is provided by a third party, and TAS Smart will only accept the order information fed back by such third party. Such order information complies with our Privacy Policy. If the technology permits, you can choose to transfer your information to a third party, such as Strava, Google Fit or Apple Health. You can share your training records with other social APPs on your phone, such as Mail.
In the case that you enter into an agreement with the third-party service provider regarding the corresponding service, TAS Smart is not a party to the agreement between you and such third party. Therefore, we strongly recommend that you read the agreement between you and the third party and the third party's privacy policy carefully. TAS Smart has no right or obligation to control or review the products or services provided by third-party service providers, and shall not be held liable for any infringement of your rights or interests in connection with the use of such third-party products or services. TAS Smart is not responsible for the contents or availability of any third-party products or services, and will not endorse any contents, products, services or other information provided by third parties in TAS Smart Services. If you do not comply with the third-party agreement and/or third-party privacy policy, the third party may take legal action against you. Any disputes caused by the use of third-party products or services through TAS Smart Services shall be settled by the third-party service provider, and TAS Smart shall not be liable for such disputes. TAS Smart will not provide any customer support for third-party software or technology. If you need support, please contact the third-party service provider.
TAS Smart may change or discontinue, whether temporarily or permanently, any function, component or content of TAS Smart Services at any time without any notice. TAS Smart shall not be held liable to you or any third party for any revision, suspension or discontinuation of any function, component or content of TAS Smart Services. We reserve the right to determine the time and contents of software update: TAS Smart may send you a software update reminder, and you can choose to download and install the updated software; the updated software may also be downloaded and installed automatically by your App Store without notifying you.
We reserve the right to decide to suspend or discontinue your account or your use of all or part of TAS Smart Services or terminate these terms at any time without any liability. We will do our best to notify you before taking such actions. You can close your account at any time by canceling your account in the TAS Smart APP. If the Agreement is terminated, or TAS Smart Services or your account is suspended, terminated or discontinued, the following provisions of the Agreement shall remain valid: Section 1, 2, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21.
TAS Smart Services are provided for your use only, not for any third party's use. You agree that TAS Smart and its affiliates, third parties, and sellers shall not be held liable for any losses caused by unauthorized use of TAS Smart Services.
TAS Smart Services are provided on an “as is” basis without any kind of guarantee. Without limiting the foregoing provisions, we expressly waive all express or implied warranties arising from or in connection with the Agreement or TAS Smart Services, including but not limited to any warranty of merchantability, fitness for a particular purposes or non-infringement, and any guarantee arising from trading habits or business practices.
We do not guarantee that TAS Smart Services will meet your requirements, or that no interruption, safety or failure will occur during the use of TAS Smart Services. We do not guarantee the quality, accuracy, timeliness, authenticity, completeness or reliability of TAS Smart Services or any TAS Smart Contents. TAS Smart Services may change over time, and may vary from place to place. For example, the update of the APP or software may cause changes to TAS Smart Services, or cause the map to be unusable, inaccurate or incomplete. The use of TAS Smart Services should not replace your good judgment and common sense.
You expressly agree that TAS Smart will not provide medical advice through TAS Smart Services. The contents provided through TAS Smart Services cannot be used and should not be used to replace (a) the advice of your doctor or other medical professionals, (b) your going and seeing, or calling and consulting your doctor or other medical professionals, or (c) the information provided on any product package or label. If you have any health-related problem, please call your doctor or other medical professional for treatment. You should never ignore medical advice or delay seeking medical advice due to any content of TAS Smart Services, or use any content of TAS Smart Services to diagnose or treat your health problems. Spreading and receiving our contents in whole or in part via the Internet, email or other means will not constitute or establish a relationship of doctor, therapist or other health care professionals with patient between you and TAS Smart.
You expressly agree that your physical activities (including but not limited to biking, running or following the training program provided in TAS Smart Services) have certain inherent and significant risks of property loss, personal injury or death. You will voluntarily assume all the known and unknown risks associated with such activities, even if they are caused wholly or partly by any act, omission or neglect of TAS Smart or others.
For any claims, prosecutions, lawsuits, demands, disputes, appeals or investigations brought against TAS Smart by any third party, government agency or industry organization based on your following actions, and all liabilities, damages, losses, costs and expenses incurred therefrom, including but not limited to reasonable attorney fees, TAS Smart has the right to claim compensation from you and be held harmless by you: (1) your access to or use of TAS Smart Services; (2) your contents; (3) your violation or alleged violation of any of your warranties or the Agreement; or (4) your violation of any law or third-party rights. Besides, we reserve the right to defend against third-party claims (you are responsible for compensation). In such case, you must cooperate with us to make any effective defense.
For any incidental, special, punitive or indirect damage arising from or in connection with your use of the Agreement, or the use of or inability to use TAS Smart Services, including loss of profit, data loss, service interruption, computer damage, system failure or replacement service charges, TAS Smart, its suppliers or licensors, and any other parties participating in the creation, production or delivery of TAS Smart Services shall not be held liable, whether based on warranty, contract, tort (including negligence), product liability or other legal theories, and whether TAS Smart has ever been notified of the possibility of damage or not, even if the limited remedy provisions contained herein are deemed to have failed to achieve their necessary purpose.
In no event shall the total liability of TAS Smart arising from or in connection with the Agreement, or your use of or inability to use TAS Smart Services exceed the amount paid to TAS Smart by you for using TAS Smart Services. The above-mentioned damage exclusion and limitation provisions are the fundamental basis for TAS Smart to make a deal with you.
In some jurisdictions, no exclusion or limitation of liability for indirect or incidental damage is allowed, so the above limitations may not apply to you.
The validity and interpretation of the Agreement shall be governed by the laws of the Mainland of the People's Republic of China. If there are no applicable laws or regulations, the international commercial practices and/or general commercial practices shall apply. The Agreement has been signed in Longgang District, Shenzhen Municipality, Guangdong Province, China.
Both the user and TAS Smart agree that all disputes arising from the Agreement shall be settled through negotiation. If the negotiation fails, either party may submit such dispute to Shenzhen Court of International Arbitration for arbitration.
We will notify you before making major amendments to the Agreement and give you the opportunity to view the revised terms. You can then decide whether to continue using TAS Smart Services or not. By continuing to use TAS Smart Services after the revision is released, you shall be deemed to have accepted the revised agreement.
If any provision of the Agreement is declared to be invalid or unenforceable by a court of competent jurisdiction for any reason, such provision shall be enforced to the maximum extent permitted, and the remaining provisions of the Agreement shall remain in full effect.
Any notifications or other communications provided by TAS Smart under the Agreement, including the notifications or communications regarding amendments to the Agreement, shall: (1) be delivered by email; or (2) be released on TAS Smart. Any notification delivered by email shall be deemed served on the date of receipt of the email.
TAS Smart's failure to exercise any rights or provisions under the Agreement shall not be deemed a waiver of such rights or provisions. No waiver of such rights or provisions shall be considered effective unless made in writing and signed by a duly authorized representative of TAS Smart. Unless otherwise expressly provided in this Section, either party's exercise of its any remedy under the Agreement shall not affect its other remedies under the Agreement or elsewhere.
Additional provisions may apply to specific products or services. If there is any conflict between these provisions and any additional provisions, the additional provisions shall prevail.
If you have any question about the Agreement, please contact us.
E-mail: info@touchandsolve.com
Company Name: Touch and Solve
Address: H-645, Flat-6B, Road-10, Mirpur DOHS, Dhaka-1216, Bangladesh