Terms of Service – PanL Desk Manager
Updated: November 15th, 2019
IMPORTANT – READ CAREFULLY.
THESE TERMS OF SERVICE (“TOS”) ARE A LEGAL AGREEMENT BETWEEN YOU AND BRIDGETEK PTE LTD AND/OR ITS RELEVANT AFFILIATES (COLLECTIVELY, “BRIDGETEK”) FOR PanL SMART LIVING, PanL ROOM MANAGER AND PanL DESK MANAGER (COLLECTIVELY, THE “SERVICE”) PROVIDED BY BRIDGETEK OR ITS THIRD-PARTY SUPPLIERS OR LICENSORS. BY AGREEING TO THESE TOS OR BY INSTALLING OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TOS. IF YOU DO NOT AGREE TO THESE TOS, DO NOT INSTALL OR USE THE SERVICE.
The SERVICE enables you to locally and remotely connect with consumer products compatible with the SERVICE and to which the SERVICE is applicable to PanL (“Product”), which are manufactured, distributed, or sold by BRIDGETEK. Certain products manufactured, distributed, or sold by Third-Parties may also be available for use with the SERVICE (“Third-Party Product”).
You should review BRIDGETEK’s Product User Guide available at http://panl.brtchip.com/resources for compatibility information prior to connecting a Third-Party Product. You may connect your own Products or Third-Party Products directly, be invited by another user to gain control of the Products or Third-Party Products through your own device, or invite others to control your Products or Third-Party Products. Please note that if you choose to invite another user, that invited user will have full control over the connected device.
THE SERVICE OR CERTAIN FEATURES OF THE SERVICE MAY BE DISABLED OR CEASED IN ACCORDANCE WITH YOUR REGIONAL LAWS, REGULATIONS, OR ANY APPLICABLE GUIDELINES.
1. Grant of License
Subject to the terms of the TOS, you are granted a limited, non-exclusive, and revocable license to install, access, and use the SERVICE. The services and features provided by the SERVICE may vary or be limited depending on certain factors, including, without limitation, your country, device, operating system, or network operator. If you are a minor in your jurisdiction (“Minor”), you represent that you have reviewed the TOS with your parent or legal guardian and that you and your parent or guardian understand and consent to the terms and conditions of the TOS. If you are a parent or guardian permitting a Minor to use the SERVICE, you agree to: (i) supervise the Minor’s use of the SERVICE; (ii) assume all risks associated with the Minor’s use of the SERVICE, (iii) assume any liability resulting from the Minor’s use of the SERVICE; (iv) ensure the accuracy and truthfulness of all information submitted by the Minor; and (v) assume responsibility and be bound by the TOS for the Minor’s access and use of the SERVICE.
2. Reservation of Rights and Ownership
This SERVICE includes software and data provided by Third-Parties. You acknowledge that the SERVICE is proprietary to BRIDGETEK and its licensors, and protected under applicable copyright and other intellectual property laws and treaties. The TOS and your use of the SERVICE do not grant you any ownership interest in or to the SERVICE, and you are granted only a limited license to use that is revocable in accordance with the terms of the TOS. You may not use the SERVICE to reproduce or infringe copyrighted materials or materials for which you do not have the right or legal approval for reproduction. For serious or repeated violations of a Third-Party’s intellectual property rights, BRIDGETEK reserves the right, at its sole discretion, to terminate your right to use the SERVICE.
You may not (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of the SERVICE; (ii) modify or disable any features of the SERVICE; (iii) create derivative works based on the SERVICE, except to the extent that your local law requires you to be able to do so; (iv) rent, lease, lend, sublicense, or provide commercial hosting services with the SERVICE; (v) infringe our intellectual property rights or those of any Third-Party in relation to your use of the SERVICE (to the extent that such use is not licensed by these TOS); (vi) use the SERVICE in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the TOS, or act fraudulently or maliciously, for example, by infringing any copyright or intellectual property right of others, or hacking into or inserting malicious code or harmful data, including viruses, into the SERVICE or any operating system; (vii) use the SERVICE in a way that could damage, disable, overburden, impair, or compromise our systems or security or interfere with other users; or (viii) collect or harvest any information or data from the SERVICE or our systems or attempt to decipher any transmissions to or from the servers running the SERVICE.
4. Copyright Infringement
BRIDGETEK reserves the right to (i) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by you and (ii) remove and discontinue the SERVICE to repeat offenders.
5. Update, Change, or Suspension of the SERVICE
BRIDGETEK may, at any time, provide or make available updates or upgrades to the SERVICE (“Updates”), including, without limitation, bug fixes, service enhancements, new features, deletion of existing functions, or modification of the SERVICE. Certain Updates may cause older Products, software, or setups to no longer work with the SERVICE and you may be required to update or upgrade a Product in order to continue using the SERVICE. Updates will be governed by the TOS unless separate Terms and Conditions are provided with such Updates, in which case the separate Terms and Conditions shall govern the Updates. Updates for security software, critical bug fixes, or other important Updates may be automatically downloaded and installed, given the importance of receiving such Updates, in a timely manner.
By installing the SERVICE, you consent to the activation of the SERVICE by BRIDGETEK and to all future updates and upgrades. You can withdraw your consent at any time by closing your PanL account. To request assistance, please contact BRIDGETEK for Support.
BRIDGETEK expressly reserves the right to change, suspend, remove, limit the use of, or disable access to the SERVICE or any portion thereof at any time without notice or liability.
6. Consent for Collection and Use of Data
7. Data Access
Some features of the SERVICE and updating or upgrading of the SERVICE may require your mobile device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The SERVICE may require access to the Internet by using a mobile network, which may result in additional charges, depending on your payment plan. In addition, your enjoyment of some features of the SERVICE may be affected by the suitability and performance of your device hardware or data access.
8. Compliance with Law
You acknowledge and agree to comply with any and all applicable laws and regulations in using the SERVICE, including, without limitation, all applicable driving laws and regulations.
These TOS are effective until terminated. You can terminate the TOS by closing your PanL account. You acknowledge that if you close your PanL account, you will be prevented from accessing all services available through your PanL account, your PanL account details or any files, user content, or Third-Party products that are stored with your PanL account. Should you not comply with the TOS, your rights based on the TOS will be automatically terminated without notice from BRIDGETEK. Upon termination of the TOS, you must immediately cease all use of the SERVICE. For the purposes of clarity, BRIDGETEK may terminate the TOS and the SERVICE for any reason. To request assistance, please contact BRIDGETEK for Support.
10. Disclaimer of Warranty
CERTAIN PRODUCT AND/OR THIRD-PARTY PRODUCTS MAY NOT WORK, OR MAY CEASE TO WORK WITH THE PRODUCT DESPITE SUPPORTING THE SAME STANDARDS. BRIDGETEK PROVIDES NO GUARANTEE OR WARRANTY OF COMPATIBILITY FOR THIRD-PARTY PRODUCTS, EVEN IF THIRD-PARTY PRODUCTS ARE ACCESSIBLE THROUGH THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONTRACTUAL CONDITIONS OF ANY KIND FROM BRIDGETEK, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRIDGETEK DISCLAIMS ALL WARRANTIES OR OTHER TERMS EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ERROR-FREE, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OTHER VIOLATION OF RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRIDGETEK OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY BRIDGETEK OF WARRANTY REGARDING THE SERVICE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM BRIDGETEK.
11. Limitation of Liability
BRIDGETEK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SERVICE, ITS CONTENT OR FUNCTIONALITY, INCLUDING, BUT NOT LIMITED TO, DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EVEN IF BRIDGETEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, BRIDGETEK’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICE, OR ANY OTHER PROVISION OF THESE TOS, SHALL NOT EXCEED THE AMOUNT YOU PAID BRIDGETEK SPECIFICALLY FOR THIS SERVICE, IF ANY. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THE TOS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE THAT THE ABOVE PROVISIONS OF CLAUSES 10 AND 11 ARE REASONABLE GIVEN THE BENEFITS OF THE SERVICES AND THAT YOU WILL ACCEPT SUCH RISK AND/OR INSURE ACCORDINGLY.
IT IS ESSENTIAL THAT YOU BACK UP YOUR DATA ON YOUR DEVICE BEFORE USING THE SERVICES TO AVOID LOSING ANY DATA. BRIDGETEK SHALL NOT BE LIABLE FOR ANY DATA YOU LOSE AS A RESULT OF YOUR USE OF THE SERVICES.
You agree to indemnify, defend, and hold harmless BRIDGETEK, its contractors, employees, and agents from any claims, losses, damages, liabilities (including legal fees and expenses) arising out of your use of the SERVICE (including any actions taken by a Third-Party using your SERVICE), your violation of the rights of any Third-Party, or any breach of the TOS.
13. Applicable Law
These TOS are governed by the laws of the jurisdiction of the Republic of Singapore.
14. Entire Agreement
The TOS is the entire agreement between you and BRIDGETEK relating to the SERVICE and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the SERVICE or any other subject matter covered by the TOS. If any provision of these TOS is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect.
15. Changes to TOS
Please check back for amendments to these TOS.