Serwis
End User License Agreement
By continuing to use TerraMaster products or software, you agree to comply with this End User License Agreement (this "Agreement"). If you do not agree to this Agreement, do not use the TerraMaster products or software. Please contact your TerraMaster distributor or authorized seller for return and refund procedures, if applicable. Your use of TerraMaster products or software constitutes your acceptance of this Agreement.
1. Definitions
"TerraMaster Software" or the "Software" means TOS, TNAS PC, TNAS Mobile, and any other TerraMaster firmware, software, media, and printed or electronic documentation related to TerraMaster products.
"TerraMaster Products" or the "Products" means TerraMaster devices, applications, services, and related product offerings with which the Software is provided or used.
2. Intellectual Property Rights
TerraMaster or its licensors own all rights, title, and interest in and to the Software, including all copyrights and other intellectual property rights. Subject to your compliance with this Agreement, TerraMaster grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Software only in connection with TerraMaster Products. TerraMaster reserves all rights not expressly granted to you under this Agreement.
3. Account Management
3.1 Account Registration and Login
(1) To use certain TerraMaster services, you may register an account using your mobile number or other methods approved by TerraMaster. Available registration methods may vary by country or region.
(2) TerraMaster may provide third-party platform login functionality, provided that you have a lawful account on the relevant third-party platform and comply with its applicable requirements.
(3) Your account name and password are credentials for accessing and using TerraMaster services. You must keep them secure.
(4) You acknowledge that your account may be a globally unified TerraMaster account, which may be necessary for TerraMaster to provide global services to you.
3.2 Account Information and Security
(1) All information you provide during registration must be true, accurate, and complete. If the information changes, you must update it promptly. If you provide false, inaccurate, or incomplete information, TerraMaster may restrict or terminate your account.
(2) You are responsible for protecting your account information and preventing unauthorized access or use. If you detect any abnormal activity, unauthorized use, or security vulnerability, you must notify TerraMaster immediately and take appropriate protective measures.
3.3 Account Conduct Guidelines
Without the express written consent of another person, you may not create a TerraMaster account in that person's name or use another person's name, business name, trademark, portrait, avatar, or other identifying information as your account information. During account use, you must not mislead or confuse the public regarding account ownership, especially in a manner that could cause confusion with well-known institutions or individuals. You must not infringe the lawful rights and interests of others, including personal rights and property rights.
TerraMaster may review the account information you submit. If your submitted account information does not comply with applicable laws, regulations, rules, or this Agreement, TerraMaster may take measures in accordance with applicable law, including issuing warnings or reminders, requiring corrections within a specified period, resetting account information, restricting account functions, suspending use, closing the account, or prohibiting re-registration.
3.4 Account Transfer and Sharing
(1) A TerraMaster account may be used only by the original registrant and may not be transferred, lent, leased, sold, or shared with others.
(2) If TerraMaster discovers or reasonably suspects that an account is not being used by the original registrant, TerraMaster may suspend or terminate the account or related services.
3.5 Responsibility for Account and Password Security
You must take all necessary measures to maintain the security and confidentiality of your TerraMaster account and password. All operations performed through your account and password will be deemed to be your own actions, and you will bear responsibility for them to the extent permitted by applicable law. This includes potential liabilities arising from content you upload, download, share, publish, store, or process through TerraMaster services.
If you believe your account or password has been used unlawfully or that there is another account security issue, you must notify TerraMaster immediately. If you lose access to your account or forget your password, you may attempt to recover it by following the instructions and procedures provided by TerraMaster. You understand and accept that the account recovery process primarily relies on matching and verifying the account information you provide against system records. TerraMaster cannot guarantee successful account recovery or verify in every case whether a claimant is the legitimate rights holder of the account. You are responsible for ensuring that information provided during account registration and use is accurate, complete, and up to date, and you will bear the losses or risks arising from inaccurate account information or negligent safekeeping of your account credentials.
3.6 Associated Services and Versions
Unless expressly stated otherwise, when you log in with your TerraMaster account and use any associated services, versions, or features, you are also bound by the user agreements and other legal documents applicable to those associated services, versions, or features. If those agreements or legal documents conflict with this Agreement, the terms specific to the associated service, version, or feature will prevail for that associated service, version, or feature.
3.7 Coordinated Management
TerraMaster may adopt coordinated management measures across TerraMaster services and associated services or versions. For example, if you are penalized in TerraMaster services for violating laws, regulations, or this Agreement, your use of associated services or versions may also be affected, and vice versa.
3.8 Account Deletion
You may apply to delete your TerraMaster account. You may apply only to delete your own account and must complete the account ownership verification procedures required by TerraMaster. After account deletion, TerraMaster will delete or anonymize information in the account, or take other similar measures, except where laws, regulations, or applicable standards require a different retention period or processing method.
After account deletion, you will no longer be able to log in to TerraMaster services with the deleted account or recover any content or information associated with it. Even after account deletion, you remain responsible for actions taken through TerraMaster services before deletion.
4. Copyright and Personality Rights
Software content owned by TerraMaster or its licensors is protected by copyright and other applicable intellectual property laws. Images, portraits, names, voices, or other personal identifiers appearing in the Software may also be protected by personality, portrait, publicity, privacy, or similar rights. Unless you have obtained permission from the relevant rights holder or are otherwise permitted by law, you may not copy, share, publish, distribute, or otherwise use such content in a way that infringes those rights or violates this Agreement.
5. Use of Documentation
You may copy and use documentation provided with the Software solely for your internal, personal, or authorized use of TerraMaster Products and Software. You may not publish, distribute, modify, or create derivative works of the documentation except as expressly permitted by TerraMaster or applicable law.
6. Backup and Archiving
You may make a reasonable number of copies of the Software solely for backup or archival purposes, provided that all copyright notices and proprietary notices are preserved and the copies are used only in accordance with this Agreement.
7. Usage Restrictions
You may not, and may not authorize any third party to:
(a) use the Software for any purpose unrelated to the operation or authorized use of TerraMaster Products;
(b) license, sublicense, sell, resell, distribute, rent, lease, lend, transfer, assign, or commercially exploit the Software;
(c) reverse engineer, decompile, disassemble, attempt to derive the source code of, crack, bypass, or circumvent any code, security measure, or technical restriction related to the Software, except to the extent such restriction is prohibited by applicable law;
(d) modify, alter, translate, adapt, or create derivative works of the Software; or
(e) remove, obscure, or alter any copyright, trademark, or proprietary notices contained in or displayed by the Software.
8. Device and Access Responsibility
You understand and agree that you are responsible for obtaining and maintaining all hardware devices and network access required to use TerraMaster Products and Software, including personal computers, mobile phones, network devices, Internet access, and mobile network access. You are also responsible for all related costs, including telephone fees, Internet access fees, and mobile data fees.
9. User Conduct Guidelines
When using TerraMaster Products and Software, you must comply with the laws and regulations, public order, and social morals of the People's Republic of China and of your country or region. You undertake not to use the Products or Software for any illegal, infringing, harmful, or unauthorized activity.
9.1 Prohibited Content
You may not upload, store, process, transmit, publish, or share any content that:
(1) opposes the fundamental principles established by the Constitution of the People's Republic of China;
(2) endangers national security, leaks state secrets, subverts state power, or undermines national unity;
(3) damages national honor or interests;
(4) incites ethnic hatred or discrimination or undermines ethnic unity;
(5) undermines national religious policies or promotes cults or feudal superstition;
(6) spreads rumors, disturbs social order, or undermines social stability;
(7) contains obscene, pornographic, gambling-related, violent, murderous, terrorist, or crime-inciting material;
(8) insults or defames others or infringes the lawful rights and interests of others;
(9) infringes any third party's patent, copyright, trademark, reputation, privacy, trade secret, or other lawful rights; or
(10) contains any other content prohibited by applicable laws or administrative regulations.
9.2 Prohibited Activities
You may not engage in or participate in any of the following activities:
(1) infringing the privacy, trade secrets, intellectual property rights, or other lawful rights and interests of others;
(2) engaging in illegal transactions, including selling firearms, drugs, controlled substances, or other prohibited items;
(3) planning or carrying out money laundering, cash-out schemes, telecom fraud, cyber fraud, or other illegal activities;
(4) accessing or attempting to access, interfere with, or damage any part of the Products, Software, systems, or networks without authorization;
(5) impersonating others or falsely stating or misrepresenting your affiliation with any person or entity;
(6) using the Products or Software for illegal purposes, in an unlawful manner, in violation of this Agreement, or to commit fraud or other malicious acts;
(7) collecting information from other users or using automated means, including crawlers, bots, scripts, or scrapers, to access or extract data without permission;
(8) using the Products or Software for unauthorized commercial purposes without TerraMaster's prior written consent;
(9) soliciting others' login information or accessing others' accounts; or
(10) engaging in other activities that violate applicable laws, regulations, rules, or policy directives.
10. Network Security and Usage Restrictions
To ensure the integrity and stability of the Products and Software, you agree:
(1) not to use, deploy, or distribute any plugins, add-ons, systems, or third-party tools that may interfere with, disrupt, or modify the normal operation of the Products or Software;
(2) not to use any automated programs, scripts, software, or similar tools to directly or indirectly access the Products or Software to collect, store, process, or transmit any information or content, unless you have obtained TerraMaster's prior written permission; and
(3) not to engage in or assist others in activities that may compromise the security of the Products, Software, or any computer network, including unauthorized intrusion, interference, system damage, spreading malicious programs, forging network data, or reverse engineering the Software.
11. Data Responsibility and Compliance
(1) Data Control. You are the owner or controller of the data you store in the Products or Software. TerraMaster will not independently upload, download, copy, share, provide, modify, edit, or intervene in your content, except as required to provide services, comply with law, enforce this Agreement, protect security, or as otherwise authorized by you.
(2) User Responsibility. You understand and agree that the data and content you upload, store, process, transmit, or share are under your control. You must ensure that such data and content comply with all applicable laws and regulations. As the controller of such data, you bear the legal obligations and consequences arising from it to the extent permitted by applicable law.
(3) Compliance. You acknowledge and agree that your use of the Products and Software must comply with all applicable laws and regulations, including export control and sanctions laws. You undertake not to directly or indirectly export, re-export, transmit, or make the Products or Software available to any country, entity, or individual in violation of applicable export control laws or sanctions.
12. Support Services
During the applicable product warranty period, TerraMaster will provide support services in accordance with the warranty terms and will use reasonable efforts to correct, replace, or provide a workaround for Software that does not comply with those warranty terms.
13. Disclaimer
To the maximum extent permitted by applicable law, TerraMaster and its suppliers will not be liable for:
(a) losses resulting from your violation of the usage, security, data, or compliance requirements set forth in Sections 7 through 11 of this Agreement;
(b) third-party claims, administrative penalties, lawsuits, disputes, or losses arising from data or content you upload, store, process, transmit, or share;
(c) data loss, leakage, or damage caused by operational errors, password disclosure, improper device management, unauthorized account use, or other reasons not attributable to TerraMaster;
(d) losses caused by force majeure events, network service interruptions, power supply issues, third-party service failures, or other factors beyond TerraMaster's reasonable control; or
(e) vulnerabilities, errors, viruses, interruptions, or other defects in the Software, except as expressly provided in applicable warranty terms or required by applicable law.
Except as expressly provided in applicable warranty terms, the Software is provided "as is" and "as available" to the maximum extent permitted by applicable law.
14. Limitation of Liability
To the maximum extent permitted by applicable law, TerraMaster and its licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, revenue, profits, goodwill, or business opportunities, whether arising in contract, tort, or otherwise, even if TerraMaster has been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, TerraMaster's and its suppliers' aggregate liability arising out of or relating to this Agreement, the Products, or the Software will not exceed the amount you actually paid for the TerraMaster Products or Software giving rise to the claim.
15. Remedies for Breach
(1) Breach. Any violation of this Agreement by you, or any conduct that TerraMaster reasonably believes may cause harm or legal liability to the operation of the Products or Software, other users, TerraMaster, or third parties, will be considered a breach.
(2) Remedies. TerraMaster may take one or more of the following actions based on the nature, severity, and frequency of the breach:
(a) issue a warning regarding the violation;
(b) require you to provide a written explanation;
(c) suspend or terminate part or all of the services provided to you, with or without prior notice where permitted by applicable law;
(d) freeze, restrict, or delete your account;
(e) report the matter to relevant legal, administrative, or other authorities and cooperate with investigations; and
(f) pursue your legal liability and require you to compensate TerraMaster or third parties for resulting losses.
(3) Consequences. You will bear the consequences arising from your breach, including limited functionality, account deletion, or loss of rights within the account. TerraMaster is not obligated to restore such rights except as required by applicable law.
16. Protection of Third-Party Rights
(1) Respect for Third-Party Rights. TerraMaster respects and is committed to protecting the intellectual property rights, reputation rights, name rights, privacy rights, and other lawful rights and interests of users and third parties.
(2) Indemnification. If your actions cause TerraMaster to incur compensation, fines, penalties, legal fees, litigation or arbitration costs, damages, economic losses, or non-economic losses such as damage to TerraMaster's reputation or goodwill, you will be responsible for compensating TerraMaster for all resulting losses to the extent permitted by applicable law.
17. Termination of Agreement
If you fail to comply with this Agreement, TerraMaster may terminate this Agreement. Upon termination, you must cease using the Software and destroy all copies of the Software and its components in your possession or control. Sections that by their nature should survive termination will remain in effect, including Sections 2, 7, 11, 13, 14, 15, 16, 18, 19, 20, and 21.
18. Governing Law
Unless expressly prohibited by local law, this Agreement is governed by the laws of the People's Republic of China, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
19. Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to this Agreement, the Products, or the Software shall be submitted to [name of arbitration commission] for arbitration in [city], People's Republic of China, in accordance with the arbitration rules of that commission in effect at the time of submission. The arbitral award shall be final and binding on both parties and may be enforced by any court with jurisdiction.
Note: before publication, TerraMaster should replace the bracketed placeholders in this section with the specific arbitration commission and seat/place of arbitration selected by TerraMaster.
20. Severability
If any court or arbitral tribunal with jurisdiction holds any provision of this Agreement to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement will continue to be valid and enforceable. The invalid, illegal, or unenforceable provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent as closely as possible.
21. Language Versions
This Agreement may be translated into other languages. In the event of any inconsistency or discrepancy between the English version and any translated version, the English version will prevail, unless prohibited by applicable law.
