Terms of Service

 

Trifo (¡°we¡± or ¡°us¡±) reminds you to carefully read and fully understand these terms of service before using our websites, products or service.

By using our websites, products or service, you agree to and are bound by the following terms of service without limitation or qualification. If you do not accept these terms of service, you should not use our websites, products or service.

If you visit our websites or use our products or services, you must be at least 18 years old, or be supervised by a parent or guardian. Otherwise, we will not be liable for any damages caused by or arising from your using of our websites, products or service.

 

Information about us

When we refer to Trifo (us, we or our), we mean Shenzhen Trifo Technology Co., Ltd. Our company number is 91440300MA5FC3AB7K, with registered address of Room 201, Block A, No. 1 Qianwan 1st Rd., Qianhai Shenzhen-Hong Kong Cooperation Zone, Shenzhen, P.R.China. We are a limited company. The website we are operating is www.trifo.com.

 

Our products and service

The products and service we provide to you including: (1) Trifo¡¯s website: www.trifo.com . (2) The available App for you to download to your smart devices free of charge and can work with your Trifo hardware. (3) Trifo¡¯s hardware and other service.

 

Updates and upgrades

We may from time to time deploy patches, bug fixes, updates, upgrades or other modifications to the App or software on your Trifo products to improve performance of product software and service, or address security concerns. You agree that these updates and upgrades may automatically be deployed without providing any additional notice. If you do not agree to these updates and upgrades then all of the functionality or features of your Trifo products may not be available to you. If you do not cease using your Trifo products, you may receive updates and upgrades automatically. Your continued use of Trifo products means that you agree to these updates and upgrades.

 

Your account and password

You need to register for a Trifo account to use our App, some features of our product software and website. You are responsible for ensuring that all information you provide to us when registering for an account is current, accurate and complete. You agree to promptly update your account information to keep it current, accurate and complete. You are not permitted to register Trifo account on behalf of someone else.

You are responsible for keeping your password confidential. We are not responsible for any unauthorised use of your account. If you know or suspect that your password is disclosed, you must promptly change your password and contact us at info@trifo.com.

 

Protection of personal information

We will follow applicable laws and terms of our ¡°Privacy Policy¡± to protect your personal information. Please make sure that you read our ¡°Privacy Policy¡± carefully before using any of our products or service. If there is any conflict between this ¡°Terms of service¡± and our ¡°Privacy Policy¡±, we should follow the terms in our ¡°Privacy Policy¡±.

 

Third party links

Our product software and website may contain links to third-party contents. Trifo does not have any control over and is not responsible for any third-party content. Links to third-party websites do not mean that Trifo endorses the content of such websites. If you access third-party websites from Trifo¡¯s software or website, you do so entirely at your own risk.  Please review carefully the third-party¡¯s policies and make sure you understand them before you use any third-party content.

  

Restrictions

You agree not to and you will not permit others to,

¡ñ        license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Product Software;

¡ñ        remove or alter any proprietary notices;

¡ñ        reverse compile or reverse engineer any part of the product software;

¡ñ        use the product software for unlawful purposes;

¡ñ        penetrate or attempt to penetrate the product software¡¯s security measures;

¡ñ        modify, interrupt, damage or interfere the service;

¡ñ        access content or data from a non-Trifo interface or without authorization.

 

Intellectual property rights

All worldwide copyrights, trademarks, trade secrets and other intellectual property rights appearing on Trifo¡¯s product and service are the exclusive property of Trifo and its licensors. Your use of the product grants you no rights in relation to our or our licensors¡¯ intellectual property rights. Without Trifo¡¯s authorization, anyone should not publish, copy, commercially exploit, redistribute or make derivative works of the content of Trifo¡¯s products and service.

 

Open source

Certain items of software included with the Product Software are subject to ¡°open source¡± or ¡°free software¡± licenses (¡°open source software¡±). Some of the Open Source Software is owned by third parties and is not subject to these Terms of Services. Instead, each item of open source software is licensed under the terms of the end user license that accompanies such open source software. Nothing in these Terms of Service limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the open source software.

 

Term and Termination

These Terms of Service and the license granted hereunder are effective on the date you first use the product or the product software and shall continue for as long as you own the product, unless these Terms of Service are terminated under this section. Trifo may terminate these Terms of Service at any time if you fail to comply with any term(s) hereof. You may terminate these Terms of Service effective immediately upon written notice to Trifo. Upon termination of these Terms of Service, the license granted hereunder will terminate and you must stop all use of the product and the product software. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

We reserve the right to change, suspend or discontinue all or any aspect of our service at any time without notice.

 

Choice of law and dispute resolution

This agreement and the resolution of any disputes shall be governed by the laws of the mainland of the People¡¯s Republic of China.

You agree to try to resolve the dispute with Trifo informally before filing a claim against Trifo. If the disputes cannot be resolved by negotiation, both parties agree to submit the dispute to the People¡¯s Court with exclusive jurisdiction located at Trifo¡¯s domicile.

  

No class actions

You may only resolve disputes with Trifo on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.

 

Warranty disclaimer

NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIFO PROVIDES THE PRODUCT SOFTWARE ¡°AS-IS¡± AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TRIFO DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT SOFTWARE. TRIFO MAKES NO WARRANTY THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.

YOU USE ALL PRODUCT INFORMATION AND THE PRODUCT SOFTWARE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND TRIFO DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HOME AND ALL ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION OR PRODUCT SOFTWARE.

PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON LEGAL WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

 

Limitation of liability

Nothing in these Terms of Service and in particular within this "Limitation of Liability" clause shall attempt to exclude liability that cannot be excluded under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) TRIFO BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCT SOFTWARE, EVEN IF TRIFO KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) TRIFO¡¯S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCT SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO TRIFO OR TRIFO¡¯S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. TRIFO DISCLAIMS ALL LIABILITY OF ANY KIND OF TRIFO¡¯S LICENSORS AND SUPPLIERS.

 

Change to these Terms of Service

We may modify these Terms of Service from time to time. When these Terms of Service are changed, we will send you the updated Terms of Service via ways such as email or push notification. You can review these Terms of Service from our website or application.

 

Severability

If any term of these Terms of Service is disallowed or found to be unenforceable, then that term should be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining terms.

 

Notices

Notices will be provided to you by email, written communication sent by postal service, or posting to our main website.

 

Related documents

Our Privacy Policy, which is also applicable to our relationship, includes terms about personal information collection and processing.

We should follow the most current version of these Terms of Service. Any old versions are inapplicable and should be replaced by the current version.

 

These Terms of Service were last updated in January 2019.

Previous changes to these Terms of Service:

January 2019               The first version of Terms of Service launched

 

Contact us

If you do not understand any of the Terms of Service or if you have any questions about these Terms of Service, please contact us in any of the following ways: 

By email: info@trifo.com

Room 806 Weixing Building, No. 61, 9th New-high south street, Nanshan district, Shenzhen, Guangdong, P.R.China