Terms of Service
Last Updated: November/22/2023
Thank you for using [BEATDAY] (the “BEATDAY”). Please read the BEATDAY Terms of Service (the “Terms of Service”) carefully to understand your rights and responsibilities hereunder.
By using the services of BEATDAY, you agree to be bound by the Terms of Service. If you do not agree to any parts of the Terms of Service, do not use the services of BEATDAY. By using the services of BEATDAY or agreeing to the Terms of Service, you represent and warrant that you are of legal age as defined by applicable laws of the residence/region of your country and are capable of being bound by the Terms of Service.
The Terms of Service and any other terms offered to you in connection with your use of BEATDAY (the “Additional Terms”, unless otherwise expressly stated in the individual terms, the meaning of the Terms of Service covers the Additional Terms hereinafter) constitute the legal relationship between you (either individually or as an entity) and UOMO VITRUVIANO CORPORATION. (“VITRUVIANO”) for the purpose of governing the use of BEATDAY. You acknowledge that VITRUVIANO is entitled to amend the Terms of Service, in part or in whole, from time to time. For the purpose of keeping you informed of any changes to the Terms of Service which relate to your rights and obligations, you should review the Terms of Service each time as you use the services of BEATDAY or as the Terms of Service are amended. If there is a conflict between the Terms of Service and the Additional Terms of Service, the provisions set forth in the Additional Terms of Service shall prevail.
IF YOU ARE AN ENTERPRISE USER, YOUR USE OF “BEATDAY” (AND ASSOCIATED SERVICES) IS GOVERNED BY THE SERVICE AGREEMENT BETWEEN YOUR COMPANY AND VITRUVIANO or BEATDAY.
The Terms of Service are as follows:
1. The Service
BEATDAY is developed and operated by VITRUVIANO to provide users with mobile experience services of the augmented reality in real-world, including websites, apps, platforms, forums, devices, products, associated media, printed or electronic documentation, content, tools, and functionality, all updates and support (if any), and the services and integrated services of BEATDAY (the “Service”).
2. Minors
The Service is not available directly to minors. If you are under the legal age of majority in your country of a residence or location, you must review and agree the Terms of Service with your parent or legal representative (collectively, the “Legal Representative”). The use of the Service such as to purchase virtual goods/services in the Service with your account (including digital contents, virtual props or virtual currency, etc., collectively, “Virtual Goods/Services”) and all other transactions should get your Legal Representative’s permission.
To the fullest extent permitted by applicable law, VITRUVIANO reserves the right to deny you access to the Service and terminate the Terms of Service at any time when VITRUVIANO is aware of that you are a minor and have used the Service without the permission of your Legal Representative.
3. The System Requirements
In order to enjoy a good experience while using the Service, you need a computer or mobile device that meets the standards or requirements of BEATDAY system, compatibility requirements, other necessary system usage requirements, and Internet connection service at an appropriate speed (collectively, the “System Requirements”). You understand that the System Requirements of the Service may change from time to time, and therefore may affect your experience with the Service and/or the performance of the Service. Under this circumstance, you are solely responsible for any losses (including but not limited to, the loss of the Service’s electromagnetic records) that you incur as a result of the System Requirements equipped not meeting the actual need. In addition, you shall be responsible for the costs and expenses associated with the needs of the System Requirements for whatever reason.
4. The Account
4.1 In order to use certain features of the Service or store settings of the service, you must register a set of account numbers. You shall provide complete, accurate and currently valid account information and protect your login credentials by not authorizing or sharing them with any other third party. You acknowledge that matters in connection with the use and provision of the account and all the activities conducted your account, including the purchase of the Virtual Goods/Services through your account will be deemed your own behaviors and therefore you will assume all responsibility for your account activities and other transactions activities.
4.2 You are allowed to change a password of your account through a mechanism provided by VITRUVIANO. If the Terms of Service is terminated for reasons not attributable to you, you may renew your account within the preceding period by submitting necessary identification documents. If you fail to renew your account after the expiration date, except as otherwise provided by laws, VITRUVIANO is entitled to delete your account and related electromagnetic records. However, you acknowledge that any termination of the Terms of Service (whether or not attributable to you) may result in the loss and failure to restore the relevant electromagnetic records; therefore you will assume all the loss at your own
5. Notification and Handling of Abnormal Use of Account
5.1 If VITRUVIANO or you is aware of that your account has been used or operated by any third party without authorization, illegal use, unfairness use, any distortion of the electromagnetic records or other abnormal use conditions (hereinafter collectively referred to as “Abnormal Use”), VITRUVIANO is entitled to first suspend the use of the account. If the Abnormal Use is not caused by your behavior, VITRUVIANO may provide the new account or password to you.
5.2 If there is the Abnormal Use of the account, VITRUVIANO may temporarily restrict the account user’s right to use the Service and notify him/her in an appropriate manner for further explanation. If the Abnormal Use is caused by a third party, VITRUVIANO will notify the third party, if available, or you to provide further explanation. Once the third party or you do not provide the explanation within 7 days after being notified, VITRUVIANO is entitled to delete the account and related electromagnetic records within 30 days from the date of notification in order to maintain the operation of the Service.
5.3 If the deletion of your user account or related electromagnetic records by VITRUVIANO is attributable to any third party, you should seek judicial action against the third party to resolve the dispute, which has nothing to do with VITRUVIANO.
5.4 For the Abnormal Use of your account by the third party, VITRUVIANO will not be responsible for any compensation for any Abnormal Use of your account by the third party. You shall bear the legal responsibility for any damage incurred to VITRUVIANO or the third party as a result of your inaccurate notification or explanation.
5.5 You agree that VITRUVIANO is entitled to use any lawful mechanism to detect and inspect the Abnormal Use and the uses prohibited by law and/or by the Terms of Service (e.g., the violation of Section 14 hereunder), including checking your equipment for the presence, the use of exploitation of vulnerabilities, and/or the use of the unauthorized software.
6. Billing Standard
6.1 If there are any relevant charges of BEATDAY, they will be clearly displayed on the website, platform, application or associated media and documents.
6.2 The contents of the Service may include functions allowing users to purchase Virtual Goods/Services for an additional fee. The pricing of Virtual Goods/Services may be updated from time to time. In such cases, VITRUVIANO may engage a third party (“Third-Party Payment Service Provider”) to process the sale, purchase, and other transactions of the Virtual Goods/Services, and you agree to comply with the Terms of Service and the requirements or terms of service of the Third-Party Payment Service Provider at the time of the transaction. To the extent necessary for these transactions, VITRUVIANO is entitled to obtain relevant information such as the payment or balance information or updates to such information from the Third-Party Payment Service Provider (subject to the agreement between the Third-Party Payment Service Provider and you). You acknowledge that Virtual Goods/Services are part of the Service experience and that you do not acquire any title or other rights to the Virtual Goods/Services. Any balance or value of the Virtual Goods/Services on the Service does not reflect or represent any physical value in the real world; in other words, the Virtual Goods/Services do not constitute any type of currencies or properties. Except as otherwise expressly provided in the Terms of Service, Virtual Goods/Services may not be sold, transferred or exchanged to anyone for “real” currency, “real” goods or “real” services. Unless expressly authorized by VITRUVIANO, you also agree that you may obtain Virtual Goods/Services only in the manner provided by VITRUVIANO, and may not transfer them to a third party or other account after you have obtained permission to use them. If you violate this provision, VITRUVIANO reserves the right to limit, terminate or cancel your account or the Service, and you will be solely responsible for all damages.
6.3 VITRUVIANO is entitled to allow or restrict your use of Virtual Goods/Services on the Service free of charge. If you find, at the time of purchase, that the Virtual Goods/Services have a free trial period, you must cancel your subscription before the end of the trial period in order to avoid incurring additional charges. If you fail to do so, you agree to be charged for the continued use of the Virtual Goods/Services by VITRUVIANO or the Third-Party Payment Service Provider.
6.4 The Virtual Goods/Services you purchased in the Service may be subject to a license period. Except as expressly provided in the policies of VITRUVIANO, the Third-Party Payment Service Provider or applicable law, the Virtual Goods/Services will not be refund or be exchanged, regardless of the expiration of the license period. VITRUVIANO reserves the right to offer, modify, delete and/or discontinue all or any part of the Virtual Goods/Services at any time without notice and without any liability to you. If you purchase Virtual Goods/Services in the Service and incur any form of sales tax, customs duty or other government tax or fee (“Taxes”), VITRUVIANO or the Third-Party Payment Service Provider will collect the relevant Taxes from you and show the amount at the time of checkout.
6.5 VITRUVIANO will use commercially reasonable efforts to exclude errors in the description of the content of the Services provided. Notwithstanding the foregoing, VITRUVIANO will not and does not represent or warrant the accuracy, completeness, reliability, or timeliness of any service description or pricing information. In the event of an error, VITRUVIANO or the Third-Party Payment Service Provider reserves the right to correct the error and, as applicable, to amend or modify your order (which may include price corrections), or to cancel the order and return any payment received.
7. Intellectual Property Rights
Except as otherwise provided in the Terms of Service, VITRUVIANO, VITRUVIANO ‘s licensors and suppliers own the existing intellectual property rights and all other rights based on the Service and, at the same time, reserve any rights not expressly granted to you according to the Terms of Service. VITRUVIANO, BEATDAY, relavant logos, and the names of other VITRUVIANO products and services in the Service are the trademarks, logos, works of authorship, or other rights owned by VITRUVIANO and/or its affiliates. In addition, any other company names, product or service names and logos associated with the Service may be the trademarks, logos, works of authorship or other rights owned by other third parties and are not allowed to be used without prior permission.
8. License
Subject to your full compliance with the Terms of Service and the Additional Terms, VITRUVIANO grants you a limited, personal, non-transferable, non-sublicensable, non-exclusive and revocable right to use the Service for your personal and non-commercial use and to purchase Virtual Goods/Services.
9. License Restrictions
In case that any Virtual Goods/Services within the Service require payment, your authorization to use such Virtual Goods/Services is granted on the condition that you have made payment already. If you breach the Terms of Service, VITRUVIANO may immediately terminate your right to use the Service and/or VITRUVIANO’s associated account without any refund. The authorization set forth in this section is subject to your compliance with the following restrictions, and therefore you are not allowed to:
(1) circumvent any technical limitations in the Service.
(2) proceed reverse engineering, decompile, decipherment, reverse compile, or otherwise attempt to access source code associated with the Service, except as expressly permitted by law.
(3) engage unauthorized sale, rental, distribution, sublicense or transfer of the Service or your rights to the Service to any third party.
(4) modify or create derivative works of the Service, in whole or in part.
(5) remove any proprietary notices or labels from the Service or its backups.
(6) use the Service for commercial purposes.
(7) use the Service, in whole or in part, as part of a public performance or display, whether or not for charge.
(8) use the Service in a manner that infringes on the rights of VITRUVIANO, its affiliates or any third party, or use the Service in a manner that violates any relevant laws or regulations; or
(9) use the Service in a manner not permitted by the Terms of Service or the Additional Terms.
10. User’s Authorization
10.1 Any content generated through the use of the Service (including but not limited to graphics, photos, music, sound or video works, collectively referred to as “User Content”), you agree to grant VITRUVIANO a non-exclusive, transferable, sublicensable, worldwide, royalty-free, perpetual license (if the applicable law of the country or territory in which the user resides/domiciles does not permit perpetual licenses, the maximum period of time permitted by applicable law applies, including the times and period of the extension) to use, copy, modify, adapt, create derivative works, publicly display, publicly perform, distribute, promote, publish and distribute your User Content. By agreeing to the provisions of this section, you agree that VITRUVIANO is solely entitled to the benefits derived from the use of User Content, including but not limited to:
(1) the right to exploit User Content in any manner and form.
(2) the right to broadcast or make available User Content publicly or privately, by any means or process, for a fee or for free, at any currently known or unknown location.
(3) the right to use User Content for all presentations, promotions and advertising related to the Service.
(4) the right, at VITRUVIANO’s option, to use User Content in the manner set forth in the preceding three paragraphs, either by itself or by third parties.
10.2 You are solely responsible for your User Content. You represent and warrant that if you own the rights to the User Content, you will have all rights granted to grant VITRUVIANO pursuant to this section and you represent and warrant that none of your User Content will violate, plagiarize, misappropriate, or infringe upon any intellectual property or other rights of third parties. To the extent permitted by applicable law, you agree that you will not exercise your personality rights (or the corresponding rights under applicable law, such as the moral rights) against VITRUVIANO or third parties authorized by VITRUVIANO.
11. Support and Updates
VITRUVIANO is not obligated to, and may not, provide any support services in connection with the Service. However, if an update service is available, you agree that VITRUVIANO may automatically check the version of BEATDAY that you have downloaded and notify you of the update.
12. Protection of Personal Data
VITRUVIANO will process and protect the personal information in connection with the Service collected by VITRUVIANO from you according to the applicable law and VITRUVIANO’s Privacy Policy (link: https://beatday.com/legal/).
13. Administrative Guidelines For BEATDAY Users ( “Administrative Guidelines”)
13.1 You shall not engage in any illegal conduct, violate, or infringe the rights of others, or attempt to generate or share illegal or inappropriate content.
13.2 You agree that you will not misuse, attempt to misuse, or otherwise Abnormal Use to the Service.
13.3 You shall not post or transmit any unlawful or inappropriate content or information with the Service, including but not limited to comments or information that is abusive, defamatory, obscene, sexually explicit, harassing, threatening, hateful or discriminatory, or that is incorrect or maliciously untrue.
13.4 You shall not set up inappropriate user name, including but not limited to those that cause other users to misidentify you as an employee or customer service agent of VITRUVIANO, or that involve the foregoing unlawful or inappropriate statements or information.
13.5 You shall not engage in activities that are fraudulent, untruthful, or misleading, and you shall not send spam, or engage in phishing.
13.6 You shall not engage in any activity that exploits, threatens, or harms children or their well-being.
13.7 You shall not engage in advertising or trading of goods/services in the Service, except for Virtual Goods/Services trading activities conducted in the manner provided by VITRUVIANO.
13.8 You may not engage in private transactions such as the sale, transfer, or exchange of BEATDAY accounts, redemption codes, digital content, virtual props or virtual currency, points, or goods/services in any manner other than that provided by VITRUVIANO. You shall be responsible for any disputes arising from your private transactions, and you are aware that such actions will result in the termination or cancellation of the Service, for which VITRUVIANO will not be held responsible.
13.9 Your use of the Service shall be subject to the applicable laws of the country or region in which you reside/are located, as well as the norms and practices of the Internet.
14. The Handling of the Violation of the Terms of Service and the “Administrative Guidelines
14.1 If you breach the Terms of Service or the Administrative Guidelines, VITRUVIANO will notify you to make improvements and, depending on the circumstances, restrict your right to use the Service (including but not limited to locking your account, banning you from talking in the Service, etc.). If necessary, VITRUVIANO will announce the restriction decision in an appropriate manner.
14.2 You agree that VITRUVIANO has the right to remove or disable your access to any User Content at any time without notice for the purposes of operating the Service, ensuring compliance with the Terms of Service, complying with applicable law, and for other legitimate measures. VITRUVIANO reserves the right, in its sole discretion, to remove any content that it deems objectionable or otherwise violates the Terms of Service.
14.3 You are well aware that any attempt to disrupt or interfere with the Service, including but not limited to disruption, manipulation or interference with the lawful operation of any website or application may involve violations of criminal and civil law, and that VITRUVIANO will take the necessary legal action.
15. Safety and Proper Use
15.1 Please pay attention to the surrounding environment while using the Service, and then use and communicate safely. You agree to use the Service at your own risk, and you will not use the Service in violation of any applicable laws and regulations and the Terms of Service, nor will you solicit any third parties to make the same or similar use. You acknowledge that VITRUVIANO does not intend to use the Service as a medical or health device, or to provide medical or health advice.
15.2 You agree that you will not provide any illegal, inappropriate or incorrect, or misleading content while using the Service, and that VITRUVIANO reserves the right to delete such content.
15.3 In using the Service, you are well aware that you will inevitably interact with real-world individuals or other users, but you agree to maintain safe and appropriate communication with those users. Any use that harasses, threatens, or otherwise violates the legal rights of other individuals or users may result in injury, death, property damages, or mental damages, and if a dispute arises as a result, you will be solely responsible for any legal liability and will not be entitled to assert or claim any indemnity or joint liability against VITRUVIANO (including VITRUVIANO’s directors, managers, employees or counterparties and their directors, managers and employees).
15.4 You acknowledge that use of the Service does not give you free access to the private property, locations or related areas of third parties, and that you will be responsible for your own unauthorized infringement of the private property, locations or areas of third parties.
16. Feedback
You may provide oral or written comments, suggestions, ideas, plans, illustrations, drawings or other information relating to the Service (collectively, “Feedback”). VITRUVIANO shall have the right to freely use, disclose, reproduce, license or distribute Feedback without compensation and shall not be responsible for any other legal obligation to you.
17. Update of the Terms of Service
17.1 If the Terms of Service are updated, VITRUVIANO will notify or announce it in an appropriate manner.
17.2 Within 15 days after the aforementioned notice or announcement, if you have no objection or continue to use the Service, you shall be deemed to have agreed to accept the updated Terms of Service; if you have an objection, you shall be deemed to have terminated the use of the Service.
18. Termination of the Terms of Service and Refunds
18.1 You may terminate the Terms of Service at any time by notifying VITRUVIANO.
18.2 If you have not logged in your account to use the Service for more than one year, VITRUVIANO is entitled to ask you to log in by giving you at least 15 days’ notice. Once you fail to log in as the expiration of the notice period, VITRUVIANO is entitled to terminate the Service.
18.3 If you do any of the following, VITRUVIANO is entitled to terminate the Terms of Service by notice.
(1) using any system or tool to maliciously attack or damage VITRUVIANO’s computer system.
(2) using plug-ins program, computer viruses, bugs in the BEATDAY system, or other methods that violate normal settings or are not fair and reasonable use.
(3) purchasing Virtual Goods/Services in the Service by impersonation, fraud or other falsification methods.
(4) the violation of the Administrative Guidelines for the same reason for more than 3 times, and failure to improve after being notified by VITRUVIANO to do so.
(5) any unlawful act that has been detected by judicial authorities.
(6) any other violation of the Terms of Service that constitutes material breach.
18.4 Once the Terms of Service have been terminated, you may no longer use the Service and VITRUVIANO may cancel your account.
18.5 Once your BETADAY account is deleted, or VITRUVIANO takes off BEATDAY, either of them will be considered as the termination of the Service and VITRUVIANO will not be responsible for it. However, if your BETADAY account is deleted for reasons that cannot be attributed to you, the following handling process will be in accordance with the Terms of Service.
18.6 In the event of termination of the Terms of Service, VITRUVIANO will refund any unused points you have paid for within 60 days of termination, after deducting the necessary costs, or as mutually agreed.
19. Cessation of Operation of the Service
If VITRUVIANO plans to discontinue the operation of the Service, it may give 30 days’ notice or announcement in an appropriate manner.
20. Disclaimer
20.1 To the maximum extent permitted by applicable law, the Service is provided “AS IS” without warranty or representation of any kind. In particular, VITRUVIANO does not warrant that: (i) the Service will operate uninterruptedly, promptly, securely or error-free; (ii) any information or content obtained through the Service will be accurate, complete or reliable; and (iii) any defects or errors in the Service will be corrected. Your use of the Service is at your sole risk and you are responsible for any damages or losses arising therefrom. The Terms of Service do not limit any non-waivable warranty or consumer protection rights that you may have under the mandatory laws of your country of residence/region.
20.2 The Service may contain links to third-party websites or resources (the “Third Party Links”). The purpose of providing the Third Party Links by VITRUVIANO is to enhance the convenience of the Service experience, and therefore VITRUVIANO does not guarantee or warrant the content, products or services provided by the Third Party Links (collectively, the “Third Party Link Service”). Before you use the Third Party Link Service, you should understand the content of the services in detail and agree to use the Third Party Link Service at your own risk and responsibility. You, hereby, waive and release VITRUVIANO from all claims, demands, damages, losses and expenses, and/or any other liability indirectly arising out of or in connection with the Third Party Link Service.
21. Limitation of Liability
21.1 To the maximum extent permitted by applicable law, VITRUVIANO shall not be liable to you for any special, indirect, incidental and consequential damages arising out of your use of the service.
21.2 To the maximum extent permitted by applicable law, the total liability of the VITRUVIANO to you for all losses and damages arising out of your use of the Service shall be limited to the amount paid by you for the Service or the Virtual Goods/Services within one year prior to the date of the claim.
22. Indemnification
You shall defend, indemnify and hold harmless VITRUVIANO and its directors, officers, employees, agents, partners, suppliers and licensors from and against all losses and damages, including reasonable attorneys’ fees, resulting from any claim or demand by any third party relating to: (i) your unauthorized use of the Service; (ii) your violation of the Terms of Service or the Additional Terms; (iii) your infringement of the rights of others or violation of applicable law; or (iv) your provision of feedback.
23. Governing Law and Jurisdiction
The interpretation and application of the Terms of Service shall be governed by the laws of the Republic of China. In the event of a dispute arising out of the Terms of Service or the Service, the Taipei District Court of Taiwan shall be the court of first instance.
24. General Provisions
24.1 VITRUVIANO may assign or transfer all or part of the rights and obligations under the Terms of Service to any third party. In this regard, you agree to cooperate with VITRUVIANO for the matters in connection with such assignment or transfer.
24.2 The failure of VITRUVIANO to assert or exercise any right, power or remedy against you for any violation of the Terms of Service shall not constitute a waiver of such right, power or remedy by VITRUVIANO. Any waiver of any provision of the Terms of Service shall be in writing and shall be effective only to the extent set forth in writing.
24.3 If any provision of the Terms of Service is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect without prejudice.
24.4 The Terms of Service and any Additional Terms constitute the entire agreement between you and VITRUVIANO with respect to your use of the Service.
25. Contact Information
If you have any questions about the Service or the Terms of Service, please send all notices and correspondence to:
UOMO VITRUVIANO CORPORATION
Address: 11F, No. 88, Section 3, Zhongxing Road, Xindian Dist., New Taipei City 231, Taiwan (R.O.C.); or
Email Address (Customer Service): contact@beatday.com
