These Device Terms of Use (“Terms”) govern your use of the INNIOASIS portable WiFi MP3 player hardware device (“Device”) manufactured by Shenzhen Innioasis Technology Co., Ltd. (“We”, “Us”, “Our”). By poweringon, settingup and using this Device, you (“You”, “User”) agree to be bound by these Terms. If you do not accept these Terms, please stop using the Device.
1. Device Overview
The Device is an Androidbased portable MP3 media player with local media playback, WiFi connectivity and builtin parentalcontrol functions. The Device comes preinstalled with thirdparty streaming applications including Amazon Music, Apple Music, Spotify, Deezer, TIDAL, Audible and Kindle.
We are only responsible for the hardware and nativesystemlevel parentalcontrol function of the Device. All preinstalled thirdparty applications are subject to their own separate terms of service and privacy policies. We have no control over the operation, content and dataprocessing behaviour of those thirdparty services. Please refer to each thirdparty’s official website for detailed rules.
2. ParentalControl Function
The builtin parentalcontrol function allows guardians to set internetaccess limits and daily deviceusagetime restrictions for minor users.
· Guardians shall take full responsibility for configuring passwords and managing usagerules for minors.
· We assume full responsibility for the native parentalcontrol function of this Device and reserve the right of final interpretation for this function.
· Parentalcontrol settings only apply to this local hardware device and cannot modify rules of thirdparty streamingapplications.
3. ThirdParty Preinstalled Applications
1. Preinstalled thirdparty streamingapps are provided by independent external serviceproviders. Your use of those applications shall comply with each provider’s respective terms of service and privacypolicy. 2. We do not collect, store or process your personal data through the Device hardware itself. Any personaldata collection, storage and processing is performed by thirdparty application providers. 3. You acknowledge that thirdparty apps may be updated, modified or discontinued by their operators at any time without our involvement. We shall not be liable for any service change, suspension or termination of thirdparty services.
4. User Obligations
1. You shall use the Device strictly in compliance with applicable local laws of your country/region, including EU consumerprotection rules, GDPR and relevant digitalregulations. 2. You shall not disassemble, modify, tamperwith firmware, root or reflash the Device without our written authorisation; unauthorised modification may void your product warranty. 3. When setting passwords for parentalcontrol functions, you are responsible for safely keeping your password information. You shall bear consequences caused by password leakage or loss. 4. You agree to backup your local media files stored on the internal storage or MicroSDcard by yourself. We are not responsible for loss of local user files.
5. IntellectualProperty & TradeSecrets
1. Hardware design, system firmware, nativesystemsoftware, UI and related technical documents of the Device are intellectualproperty assets of Shenzhen Innioasis Technology Co., Ltd. 2. Certain firmware sourcecode, corealgorithm and internal hardwaretechnicalparameters constitute our legitimate tradesecrets. Without our explicit written consent, you shall not copy, reverseengineer, decompile, disclose or commerciallyuse such tradesecret information. 3. All trademarks appearing on the Device belong to their respective rightholders.
6. Warranty and Disclaimer of Warranties
1. Our limited hardwarewarranty follows the warranty statement attached with product packaging. The warranty only covers hardwaremanufacturing defects. 2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE DEVICE AND NATIVESYSTEMFEATURES ON AN “ASIS” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 3. This disclaimer does not exclude statutory consumerrights that cannot be excluded under EU consumerprotection law.
7. Limitation of Liability
1. We shall not be liable for any indirect, incidental, consequential or special damages arising out of:
· improper useroperation, physical damage, unauthorised disassembly or modification;
· service changes, datapolicy adjustments, service interruption or termination from thirdparty streamingapplication providers;
· loss of local music, ebook and other userfiles stored in device storage or MicroSDcard. 2. Nothing in these Terms shall limit or exclude liability for personalinjury caused by our product defect or other liability which cannot be excluded under mandatory applicable law.
8. ContractTermination
1. You may terminate this hardwareuseagreement at any time by ceasing to use the Device. Upon termination of use, please perform factoryreset operation on the Device to clear local cached data of thirdparty applications. 2. Termination of this hardwareuseagreement does not terminate your useragreement with thirdparty streamingservices. You need to separately submit termination requests to corresponding thirdparty serviceproviders. Personaldata stored on thirdparty cloudservers shall be handled according to thirdparties’ own privacypolicy. 3. We reserve the right to stop providing firmwareupdate support for oldmodel devices as permitted by applicable law.
9. DataRelated Provisions
1. The Device hardware itself does not independently collect, store or process user personalidentifiabledata. For datarelated information please refer to our EU Data Act Transparency Declaration. 2. You have the right to lodge complaints with competent dataprotection supervisoryauthorities of your EU memberstate.
10. Revision of Terms
We reserve the right to revise these Device Terms of Use. Revised terms will be published via our official designated publiclink. Continued usage of the Device after publication means you accept the updated terms.
11. Contact Information
Manufacturer: Shenzhen Innioasis Technology Co., Ltd.
Address: [Room 405, Building C, Dunfa Industrial Park, Hangcheng Avenue, Guxing Community, Xixiang Subdistrict, Bao'an District, Shenzhen City China]
Email: contact@innioasis.com
Effective Date: [30/04/2014]
