Tello App
Terms of Use
Last
Updated: January 11, 2018
Thank
you for your interest in the Tello application (the “Tello App”) offered by Shenzhen RYZE Tech
Co., Ltd. (“Ryze Tech”). Please read the following terms and
conditions carefully. By clicking “I Accept” or by using the Tello App or any of the products, software, data or
services provided to you through the Tello App
(together with the Tello App, the “Service”),
you acknowledge that you have read, understood, and agree to be bound by the
following terms and conditions and the Ryze Tech
Privacy Policy (available at https://www.ryzerobotics.com/policy#privacy-policy
and incorporated herein by reference) (together, the “Terms”). If you
are not eligible or do not agree to any of the Terms or the Ryze
Tech Privacy Policy, then you may not use the Service.
Ryze Tech provides flying and camera
stabilization systems and related platforms and products, including commercial
and recreational unmanned aerial vehicles (UAVs) for aerial photography and
videography. You understand and agree that our commercial and recreational UAVs
and other hardware and physical products, and the firmware contained therein
(collectively, “Ryze Tech Hardware”)
are not considered part of the Service.
The terms and any warranties that apply to Ryze
Tech Hardware are included with such Ryze Tech
Hardware.
These
Terms provide that all disputes between you and Ryze
Tech will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT
TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small
claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a
judge or jury, and your claims cannot be brought as a class action. Please
review Section 16 (“Dispute Resolution and Arbitration”) of these Terms for the
details regarding your agreement to arbitrate any disputes with Ryze Tech.
You
acknowledge and agree that, as provided in further detail in these terms:
l The Tello
App is licensed, not sold to you, and that you may use the Service only as set
forth in these Terms;
l You consent to the collection and
use of your personal data and information about your location in accordance
with the Ryze Tech Privacy Policy;
l The Service is provided “as is”
without warranties of any kind and Ryze Tech’s
liability to you is limited.
1. Tello App and Service Overview.
You may use the Tello App to access Ryze Tech Hardware—including certain models of Ryze Tech aircraft and gimbal product lines. When there’s available, You
may also use the Tello App to export flight data, to
simulate flights, and to upload flight data recorded by certain Ryze Tech Hardware to Ryze Tech
server. You may also use the Tello App to download
and upgrade firmware for certain Ryze Tech Hardware.
2. Eligibility. You must be at least 14 years of
age to use the Service, including the Tello App. By
agreeing to these Terms, you represent and warrant to us that: (a) you are at
least 14 years of age; (b) you have not previously been suspended or removed
from the Service; and (c) your registration and your use of the Service is in
compliance with all applicable laws and regulations. If you are using the
Service on behalf of an entity, organization, or company, you represent and
warrant that you have the authority to bind that organization to these Terms
and you agree to be bound by these Terms on behalf of that organization.
3. Limited License.
Subject to your complete and ongoing compliance with all the terms and
conditions set forth in these Terms (including without limitation compliance
with all license restrictions), Ryze Tech grants you
a limited, non-exclusive, non-transferable, non-sublicensable,
revocable license to use one copy of the Tello App
downloaded directly from Ryze Tech, solely in object
code format, for your personal use for lawful purposes, on a single compatible
mobile device that you own or control, and for the purpose of accessing and
using the Service in accordance with these Terms. You may not reproduce, distribute, publicly
display, or publicly perform the Tello App or any
part of the Service. Except if, and
solely to the extent that, such a restriction is impermissible under applicable
law or applicable third party license, you may not (a) decompile, reverse
engineer, or otherwise access or attempt to access the source code for the Tello App, or make or attempt to make any modification to
the Tello App; or (b) interfere with or circumvent
any feature of the Tello App, including without
limitation any security, or access control mechanism. You may not use the Service, including the Tello App, for any purpose other than a purpose for which
the Service, including the Tello App, is expressly
designed. The term Tello
App, as used in these Terms, includes any update or modification to the Tello App made available to you by Ryze
Tech (unless provided with separate terms).
If you are prohibited under applicable law from using the Service,
including the Tello App, you may not use it.
4. Your Obligations when using the Tello App
You are responsible for obtaining
and maintaining all hardware and other communications equipment (including Ryze Tech Hardware) needed to access or use the Services.
You agree that : (a) you will use each Ryze Tech
Hardware only in conformity with the applicable Ryze
Tech Hardware terms of use, user manual, and safety guidelines; (b) you will
use and maintain with due care, and will not deface, modify, use or operate any
Ryze Tech Hardware in any illegal manner or for any
illegal purpose in violation of any applicable international or U.S. federal,
state, or local law or regulation; (c) you will not (and will not permit others
to) remove, deface, or otherwise obstruct any regulatory or certification
markers affixed to Ryze Tech Hardware; and (d) each Ryze Tech Hardware item will only be repaired subject to Ryze Tech’s express written authorization and in accordance
with Ryze Tech’s instructions and requirements. You further agree to operate your Ryze Tech Hardware in conformity with the user’s manual and
Safety Guidelines provided by Ryze Tech and to not
remove, deface, or otherwise obstruct any regulatory or certification marks
affixed to a Ryze Tech Hardware.
When using the Tello
App to access Ryze Tech Hardware, you agree to abide
by all relevant statutes, rules, and regulations set forth by government, law
enforcement, and regulatory agencies.
By using the Tello
App, and by entering into these Terms, you represent and warrant that your use
of the Tello App complies and will comply with all
applicable laws, statutes, and regulations, and that you will not use the Tello App except as expressly permitted under these
Terms. For users located in China, you
agree to comply with the “People’s Republic of China on Guarding State Secrets
Law,” “Copyright Law of People’s Republic of China,” “Regulations on Protection
of Computer Information System Security People's Republic of China,”
“Regulations on Computer Software Protection,” “Internet Electronic Bulletin
Service Management Requirements,” “Information Network Transmission Right
Protection Ordinance” and other applicable laws and regulations, the
implementation approach. Ryze Tech reserves the right to review, remove, or disable
access to user generated content, including photographs and videos
(collectively, “User Content”) in violation of the applicable laws and
regulations in China. Ryze Tech also welcomes users
to report any User Content that is in violation of the applicable laws and
regulations.
5. Prohibited Conduct. BY USING THE SERVICE YOU AGREE
NOT TO:
5.1
use the
Service for any illegal purpose or in violation of any local, state, national,
or international law;
5.2
violate,
or encourage others to violate, any right of a third party, including by
infringing or misappropriating any third party intellectual property right or
violating any third party’s right to privacy;
5.3
interfere
with security-related features of the Service, including by: (a) disabling or
circumventing features that prevent or limit use or copying of any content; or
(b) reverse engineering or otherwise attempting to discover the source code of
any portion of the Service except to the extent that the activity is expressly
permitted by applicable law;
5.4
interfere
with the operation of the Service or any user’s enjoyment of the Service,
including by: (a) uploading or otherwise disseminating any virus, adware,
spyware, worm, or other malicious code; (b) making any unsolicited offer or
advertisement to another user of the Service; (c) attempting to collect
personal information about another user or third party without consent; or (d)
interfering with or disrupting any network, equipment, or server connected to
or used to provide the Service, or violating any regulation, policy, or
procedure of any such network, equipment, or server;
5.5
perform
any fraudulent activity in connection with your obtaining or using the
Services, including impersonating any person or entity, claiming a false
affiliation, accessing any other Ryze Tech account
without permission, or falsifying your age or date of birth;
5.6
sell or
otherwise transfer the access granted under these Terms or any Materials (as
defined in Section 9), or any right or ability to view, access, or use any
Materials;
5.7
attempt
to do any of the acts described in this Section 5, or assist or permit any
person in engaging in any of the acts described in this Section 5.
6. Termination of Use;
Discontinuation and Modification of the Service. If you violate any provision of
these Terms, your permission from us to use the Service, including the Tello App, will terminate automatically. In addition, Ryze Tech may in its sole discretion terminate your Ryze Tech account or suspend or terminate your access to
the Service at any time for any reason or no reason, with or without notice. We
also reserve the right to modify or discontinue the Service or features of the
Service at any time, temporarily or permanently, without notice to you. We will
have no liability whatsoever on account of any change to the Service or any
suspension or termination of your access to or use of the Service. Without
limiting the foregoing, you understand and agree that in any termination or
suspension of your account or the Service, you will not have access to any data
or content recorded using the Service or otherwise contained in the Service,
and we will have no responsibility to provide you access to such data or
content. You may terminate your Ryze Tech account at
any time by contacting customer service at info@ryzerobotics.com.
7. Privacy Policy; Additional Terms
7.1
Privacy
Policy. Please
read the Ryze Tech Privacy Policy at
https://www.ryzerobotics.com/policy#privacy-polcy carefully for information
relating to our collection, use, storage and disclosure of your personal
information. The Ryze Tech Privacy Policy is
incorporated by this reference into, and made a part of, these Terms.
7.2
Additional
Terms. Your
use of the Service is subject to all additional terms, policies, rules, or
guidelines applicable to the Service (the “Additional Terms”), such as
end-user license agreements for any downloadable software applications, or
rules that applicable to a particular feature or content on the Service,
subject to Section 10 below. All Additional Terms are incorporated by this
reference into and made a part of these Terms.
8. Modification of these Terms. We reserve the right, at our
discretion, to change these Terms on a going-forward basis at any time. Please
check these Terms periodically for changes. Modified Terms of Use are effective
upon its publication. If we make
material changes to the Terms, we will attempt to provide you reasonable notice
before such changes become effective. By continuing using the Service, you
agree to be bound by the updated, amended, or modified Terms. If you do not
agree to be bound by the modified Terms, you must immediately cease your use of
the Service. Disputes arising under these Terms will be resolved in accordance
with the version of these Terms that was in effect at the time the dispute
arose.
9. Ownership; Proprietary Rights. The Service is owned and operated
by Ryze Tech. The visual interfaces, graphics,
design, compilation, information, data, computer code (including source code or
object code), products, software, services, and all other elements of the
Service (“Materials”) provided by Ryze Tech
are protected by intellectual property and other laws. All Materials contained
in the Service are the property of Ryze Tech or our
third-party licensors. Except as expressly authorized by Ryze
Tech, you may not make use of the Materials. Ryze
Tech reserves all rights to the Materials not granted expressly in these Terms.
10. Feedback; Beta Versions.
10.1Feedback.
If you choose to provide input and suggestions regarding problems with
or proposed modifications or improvements to the Service (“Feedback”),
then you hereby grant Ryze Tech an unrestricted,
perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to
exploit such Feedback in any manner and for any purpose.
10.2Beta or Trial Versions.
Ryze Tech may offer “beta” versions or
features of the Service (each, a “Beta Service”). Ryze Tech will
determine, at its sole discretion, the availability, duration (the “Trial
Period”), features, and components of each Beta Service. ANY BETA SERVICE IS PROVIDED “AS IS” WITHOUT
ANY WARRANTIES. Notwithstanding anything
to the contrary in these Terms, in no event will Ryze
Tech be liable to you or any third party for any damages or liability related
to, arising out of, or caused by any Beta Service and/or any modification,
suspension, or termination thereof. If Ryze Tech permits you to use a Beta Service, you agree to
provide Ryze Tech Feedback and respond to Ryze Tech’s questions or other inquiries regarding your use
of the Beta Service, if requested and as applicable. Ryze Tech at its
sole discretion shall determine whether or not to continue to offer any Beta
Service, and may cease offering any Beta Service at any time. Upon completion of a Trial Period, you may
lose access to the applicable Beta Service, unless or until the features of the
Beta Service are incorporated into the Service.
Any production candidate or non-production version of the Service will
be considered a Beta Service. Except as
expressly provided in this Section 10, these Terms govern your use of the Beta
Service as part of the Service.
11. Indemnity. You are responsible for your use
of the Service. You will defend and indemnify Ryze
Tech and its officers, directors, employees, consultants, affiliates,
subsidiaries and agents (together, the “Ryze
Tech Entities”) from and against every claim, liability, damage, loss, and
expense, including reasonable attorneys' fees and costs, arising out of or in
any way connected with: (a) your access to, use of, or alleged use of, the
Service; (b) your violation of any portion of these Terms, any representation,
warranty, or agreement referenced in these Terms, or any applicable law or
regulation; (c) your violation of any third-party right, including any
intellectual property right or publicity, confidentiality, other property, or
privacy, right; or (d) any dispute or issue between you and any third party. We
reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you (without
limiting your indemnification obligations with respect to that matter), and in
that case, you agree to cooperate with our defense of that claim.
12. Disclaimers; No Warranties.
THE SERVICE
AND ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS
IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF
ANY KIND, EITHER EXPRESS OR IMPLIED. THE RYZE TECH ENTITIES DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND
ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF
COURSE OF DEALING, USAGE, OR TRADE. THE RYZE TECH ENTITIES DO NOT WARRANT THAT
THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS, OR CONTENT OFFERED
THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES,
OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL
BE CORRECTED.
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY
MATERIALS, OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY
REGARDING ANY OF THE RYZE TECH ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY
STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM
YOUR USE OF OR ACCESS TO THE SERVICE AND ANY MATERIALS, OR CONTENT AVAILABLE
THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR
OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL
INJURY, DEATH, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR
MOBILE DEVICE OR RYZE TECH HARDWARE USED IN CONNECTION WITH THE SERVICE) OR
THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR
INABILITY TO USE THE SERVICE.
SOME
JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER
RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
13. Limitation of Liability
IN NO EVENT
WILL THE RYZE TECH ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF
PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO
YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR
ANY MATERIALS, OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT ANY RYZE TECH ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED
IN SECTION 16.4(iii), THE AGGREGATE LIABILITY OF THE RYZE TECH ENTITIES TO YOU
FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE
ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT,
TORT, OR OTHERWISE, IS LIMITED TO $100.
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
EACH PROVISION
OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF
WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS
BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT
OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS
SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE
LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF
ITS ESSENTIAL PURPOSE.
14. Governing Law. These Terms are governed by the
laws of the State of California without regard to conflict of law principles.
If a lawsuit or court proceeding is permitted under these Terms, then you and Ryze Tech agree to submit to the personal and exclusive
jurisdiction of the state courts and federal courts located within San
Francisco County, California for the purpose of litigating any dispute. We make
no representation that the Service or any Materials included in the Service are
appropriate or available for use in your location.
15. General. You agree that the Service shall
be deemed a passive website that does not give rise to personal jurisdiction
over Ryze Tech, either specific or general, in
jurisdictions other than California. These Terms and any other agreements
expressly incorporated by reference into these Terms are the entire and
exclusive understanding and agreement between you and Ryze
Tech regarding your use of the Service. Except as expressly permitted above,
these Terms may be amended only by a written agreement signed by authorized
representatives of all parties to these Terms. You may not assign or transfer
these Terms or your rights under these Terms, in whole or in part, by operation
of law or otherwise, without our prior written consent. We may assign these
Terms at any time without notice or consent. The failure to require performance
of any provision will not affect our right to require performance at any other
time after that, nor will a waiver by us of any breach or default of these
Terms, or any provision of these Terms, be a waiver of any subsequent breach or
default or a waiver of the provision itself. Use of section headers in these
Terms is for convenience only and will not have any impact on the
interpretation of any provision. If any part of these Terms is held to be invalid
or unenforceable, the unenforceable part will be given effect to the greatest
extent possible, and the remaining parts will remain in full force and effect.
Upon termination of these Terms, Sections 3 through 18, along with the Privacy
Policy and any other accompanying agreements, will survive.
16. Dispute Resolution and Arbitration
16.1 Generally. In the interest of resolving
disputes between you and Ryze Tech in the most
expedient and cost effective manner, you and Ryze Tech agree that every dispute arising in connection
with these Terms will be resolved by binding arbitration. Arbitration is less
formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead
of a judge or jury, may allow for more limited discovery than in court, and can
be subject to very limited review by courts. Arbitrators can award the same
damages and relief that a court can award. This agreement to arbitrate disputes
includes all claims arising out of or relating to any aspect of these Terms,
whether based in contract, tort, statute, fraud, misrepresentation, or any
other legal theory, and regardless of whether a claim arises during or after
the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO
THESE TERMS, YOU AND RYZE TECH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR
TO PARTICIPATE IN A CLASS ACTION.
16.2 Exceptions. Despite the provisions of Section
16.1, nothing in these Terms will be deemed to waive, preclude, or otherwise
limit the right of either party to: (a) bring an individual action in small
claims court; (b) pursue an enforcement action through the applicable federal,
state, or local agency if that action is available; (c) seek injunctive relief
in a court of law; or (d) to file suit in a court of law to address an
intellectual property infringement claim.
16.3 Arbitrator. Any arbitration between you and Ryze Tech will be settled under the Federal Arbitration
Act, and governed by the Commercial Dispute Resolution Procedures and the
Supplementary Procedures for Consumer Related Disputes (collectively, “AAA
Rules”) of the American Arbitration Association (“AAA”), as modified
by these Terms, and will be administered by the AAA. The AAA Rules and filing
forms are available online at www.adr.org, by calling the AAA at
1-800-778-7879, or by contacting Ryze Tech.
16.4 Notice; Process. A party who intends to seek
arbitration must first send a written notice of the dispute to the other party
by certified U.S. Mail or by Federal Express (signature required) or, only if
such other party has not provided a current physical address, then by
electronic mail (“Notice”). Ryze Tech’s
address for Notice is: 10 th Floor, West Wing,
Skyworth Semiconductor Design Building, No.18 Gaoxin
South 4th Ave, Nanshan District, Shenzhen, China, 518057. The Notice must: (a)
describe the nature and basis of the claim or dispute; and (b) set forth the
specific relief sought (“Demand”). The parties will make good faith
efforts to resolve the claim directly, but if the parties do not reach an
agreement to do so within 30 days after the Notice is received, you or Ryze Tech may commence an arbitration proceeding. During
the arbitration, the amount of any settlement offer made by you or Ryze Tech must not be disclosed to the arbitrator until
after the arbitrator makes a final decision and award, if any. If the dispute
is finally resolved through arbitration in your favor, Ryze
Tech will pay you the highest of the following: (i)
the amount awarded by the arbitrator, if any; (ii) the last written settlement
amount offered by Ryze Tech in settlement of the
dispute prior to the arbitrator’s award; or (iii) $1,000.
16.5 Fees. If you commence arbitration in
accordance with these Terms, Ryze Tech will reimburse
you for your payment of the filing fee, unless your claim is for more than
$10,000, in which case the payment of any fees will be decided by the AAA
Rules. Any arbitration hearing will take place at a location to be agreed upon
in San Francisco County, California, but if the claim is for $10,000 or less,
you may choose whether the arbitration will be conducted: (a) solely on the
basis of documents submitted to the arbitrator; (b) through a non-appearance
based telephone hearing; or (c) by an in-person hearing as established by the
AAA Rules in the county (or parish) of your billing address. If the arbitrator
finds that either the substance of your claim or the relief sought in the
Demand is frivolous or brought for an improper purpose (as measured by the
standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment
of all fees will be governed by the AAA Rules. In that case, you agree to
reimburse Ryze Tech for all monies previously
disbursed by it that are otherwise your obligation to pay under the AAA Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator
must issue a reasoned written decision sufficient to explain the essential
findings and conclusions on which the decision and award, if any, are based.
The arbitrator may make rulings and resolve disputes as to the payment and
reimbursement of fees or expenses at any time during the proceeding and upon
request from either party made within 14 days of the arbitrator’s ruling on the
merits.
16.6 No Class Actions. YOU AND RYZE TECH AGREE THAT EACH
MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both you and Ryze Tech
agree otherwise, the arbitrator may not consolidate more than one person’s claims,
and may not otherwise preside over any form of a representative or class
proceeding.
16.7 Modifications of This Arbitration
Provision. If Ryze Tech makes any future change to this arbitration
provision, other than a change to Ryze Tech's address
for Notice, you may reject the change by sending us written notice within 30
days of the change to Ryze Tech’s address for Notice,
in which case your account with Ryze Tech will be
immediately terminated and this arbitration provision, as in effect immediately
prior to the changes you rejected will survive.
16.8 Enforceability. If Section 16.6 is found to be
unenforceable or if the entirety of this Section 16 is found to be
unenforceable, then the entirety of this Section 16 (other than, in the latter
case, Section 16.6) will be null and void and, in that case, the parties agree
that the exclusive jurisdiction and venue described in Section 14 will govern
any action arising out of or related to these Terms.
17 Consent to Electronic
Communications. By
using the Service, you consent to receiving certain electronic communications
from us as further described in our Privacy Policy. Please read our Privacy
Policy to learn more about our electronic communications practices. You agree
that any notices, agreements, disclosures, or other communications that we send
to you electronically will satisfy any legal communication requirements,
including that those communications be in writing.
18 Contact Information. The Service is offered by
Shenzhen Ryze Tech Technology Co., Ltd. and its affiliated
companies, located at 14th Floor, West Wing, Skyworth Semiconductor Design
Building, No.18 Gaoxin South 4th Ave, Nanshan
District, Shenzhen 518057, China. You may contact us by sending correspondence
to that address or by emailing us at info@ryzerobotics.com.