AirDroid

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AirDroid Premium Services Agreement Effective Date: 24 July,2020 The AirDroid Premium Services Agreement (thereinafter, the "Agreement") is jointly concluded by You (the user) and SAND STUDIO for Your use of the Premium Services (as defined below) provided by SAND STUDIO. "SAND STUDIO" refers to SAND STUDIO PTE.LTD. and/or any associated operator (hereinafter collectively referred to as "SAND STUDIO", "Company" ， "We"， "Us" or "Our") that may exist with respect to its related services. Both You and We will be legally bound by this Agreement. The terms in this Agreement apply when You choose to upgrade to a Premium Account or use our other paid services (collectively, "Premium Services") as an INDIVIDUAL rather than enterprise. You should read this Agreement carefully to understand Your rights and responsibilities before Your subscription/use of the Premium Services. If You do not agree to any or all of the terms of this Agreement, please stop subscribing to/using the Premium Services. By using the Premium Services, You agree that You have read and understood this Agreement, and that You subscribe to/use the Premium Services in accordance with this Agreement. The terms of this Agreement that are or may be material to Your rights and interests have been marked in bold, and please pay specific attention to them. If You are an Enterprise User, employee, agent, trustee of an Enterprise User, authorized person to supervise or manage the use of AirDroid by an Enterprise User, or other person to use AirDroid for the interest of an enterprise, please visit the AirDroid Payment Agreement for Enterprise Servicesread and decide whether to agree on the AirDroid Payment Agreement for Enterprise Services. Before subscribing to/using Premium Services, please confirm that You are a natural person (not an enterprise) with full capacity for civil conducts under applicable laws and can enter into a binding contract by yourself, otherwise please read this Agreement carefully with Your guardian(s) and operate with the express consent of the guardian(s). Due to the changes in our business and laws and regulations that apply to You and Us, We may update the terms of this Agreement at any time without notice. The terms of the Agreement at the time You confirm the transaction will apply to the transaction. I. Fees and Payment 1. You agree to pay for the Premium Services in the currency specified by the Us when subscribing to/using the Premium Services and to assume all risks associated with changes in the value of the currency compared to other currencies. 2. We accept PayPal, some debit and credit cards, Alipay, etc. as payment methods of Premium Services. When You purchase using the aforementioned payment method, the fees for Your Premium Services will be billed on the date You purchase the Premium Services, and the Premium Services will go into effect immediately after payment. 3. The specified fees for Premium Services may include certain taxes or similar fees applicable to Your purchase of the Premium Services. If any taxes or fees applicable to a purchase are not charged by us, You acknowledge that You are solely responsible for paying the taxes or other fees. 4. Our price for Premium Services does not include any of the third-party fees You incur in connection with using the Premium Services, including but not limited to fees charged by Your Internet access provider, fees for data services charged by any wireless carriers and any other fees charged by third-party applications or services which You may use when paying for the Premium Services. You understand and agree that You are solely responsible for relevant third-party fees. 5. We may send You "activation codes" or "discount coupons" depending on circumstances. In the case that You have an activation code, when the activation code is verified by Us, You could have access to the Premium Services for a certain period of time, at the end of which the Premium Services will terminate if You do not subscribe to them before the end of the aforementioned period of time. In the case that You have a discount coupon, You can enjoy a discount when You pay for the Premium Services using that coupon under the conditions published by us. 6. We reserve the right to charge different prices due to different zones and regions of the world in which the client is based. II. Automatic Renewal 1. If You subscribe to the Premium Services that renew automatically, You authorize Us to withdraw from Your payment account the fee for the next billing cycle on or before the due date of each Premium Services billing cycle, and the Premium Services will keep renewing automatically. The Premium Services billing cycle could be but not limited to a monthly or annual, etc. billing cycle (depending on Your choice). You can choose from the billing cycle plans shown on AirDroid when You purchase Premium Services. 2. In the case that You choose the automatic renewal, You shall bind Your AirDroid account to Your authorized payment account and ensure that We can successfully withdraw money from the aforementioned account. You shall be solely responsible for the failed renewal caused by Your failure to bind Your accounts or insufficient balance in the aforementioned account. 3. You understand and agree that if the price for the AirDroid Premium Services is adjusted at or before the automatic renewal, the actual price after the adjustment shall prevail. III. Rules of Use for the Premium Services 1. You can view Your Premium Services validity period and other information at any time at AirDroid. Should You have any question or objection, You shall immediately contact us. In the event that there is an error, We would correct it immediately. 2. You are solely liable for any mistake/losses or responsibility arising during the purchase/use of the AirDroid Premium Services due to Your own reasons, for which We shall not be liable. Such circumstances include but are not limited to the following conditions: (1) You do not operate in accordance with the rules of this Agreement or the instructions on the relevant pages; (2) You purchase services through channels not accepted by Us, or conduct transactions without Our consent, etc.; (3) You do not properly store and manage Your account or password; (4) You do not use or use in an incorrect way the activation codes or discount coupons, due to which You are unable to activate the Premium Services or get the discount; (5) You log in to the account of another person’s; (6) Other losses due to Your own intent or gross negligence. However, to ensure Your good experience while using AirDroid Services, We are available for necessary assistance within the scope of our capability. You can contact Us immediately in the aforementioned circumstances for necessary assistance. 3. We are not liable for damages in the following cases when AirDroid products and services fail to function properly which disable Your access to services or cause losses of any virtual property, files, data, etc. Such cases include but are not limited to: (1) Losses due to Your improper operation during the downtime notified by Us for maintenance, upgrades and adjustment of the system; (2) Failure of data transmission or normal service delivery due to malfunction of telecommunications or equipment; (3) Failure of functioning of AirDroid products or services caused by Force Majeure such as typhoons, earthquakes, tsunamis, floods, power failures, wars, terrorist attacks, government regulation, etc.; (4) Loss of Your account or the data in Your account, interruption or delay of service caused by hacker attacks, technical adjustment or malfunction of the telecommunications department, website upgrades, system instability, Force Majeure (e.g. server crash) and problems of related third parties; (5) Other conditions that cannot be attributed to Us. 4. If You fail to make full and timely payment in accordance with this Agreement for the Premium Services or, in the automatic renewal case, the renewal due to reasons including the issuing bank’s refusal to transfer the amount and other reasons that lead to the failure of the payment (You have the responsibility to ensure that Your credit card information in Your account is valid), We may suspend Your right to use the Premium Service, or We may change the type of privileges You have to a non-premium version of the services (e.g., from AirDroid Premium Services to a free version AirDroid Services). We may also choose not to cancel Your Premium Services immediately, in which case You will continue to pay for the fees of the subscription/automatic renewal of Premium Services. We will withdraw the amounts for the aforementioned fee when such withdrawal is available with Your payment account, and do not exclude the possibility of claiming the remaining part of the aforementioned fee through methods including arbitration, etc. In order to ensure Your good experience while using AirDroid Services, We will endeavor to inform You promptly if You fail to pay in full and on time, but We are not obliged to do so. IV. Cancellation of Premium Services and the Refund 1. In the case that the Premium Services You subscribe to do not include the automatic renewal, the Premium Services terminate automatically at the end of the Premium Services billing cycle for which You have paid. You understand and agree that You will not receive any refund or reimbursement for the Premium Services if You choose to cancel the Premium Services prior to the due date of the billing cycle for which You have paid. The Premium Services You have subscribed to will still terminate at the end of the Premium Services billing cycle for which You have paid. 2. In the case that the Premium Services You subscribe to include the automatic renewal, You may choose to cancel the automatic renewal. To cancel the automatic renewal, You have to request a cancellation before the Premium Services billing cycle which You are in and for which You have paid is due. If the cancellation is successful, Your Premium Services will terminate at the end of the Premium Services billing cycle which You are in and for which You have paid, and will not renew automatically starting from the subsequent billing cycle. If the fee for the subsequent billing cycle has already been withdrawn from the payment account that You have authorized when You request the cancellation, You can request a refund for the subsequent billing cycle following the rules in "(1)", "(2)" below. To cancel the Premium Services including the automatic renewal, You shall request the cancellation following the rules below: (1) If Your Premium Services are billed on a monthly basis, and You have not used any of the Premium Services within 7 days from the start of a new billing cycle, You may request the cancellation of the Premium Services and the automatic renewal within 7 days from the start of such billing cycle. If such cancellation is approved by Us, We will refund the fee for such billing cycle. If You fail to request the cancellation within 7 days from the start of such billing cycle, or have already used the Premium Services within 7 days from the start of such billing cycle, the fee for such billing cycle will NOT be refunded. However, You can still request the cancellation of the automatic renewal under such circumstance. If the cancellation of the automatic renewal is successful, Your Premium Services will thus stop renewing automatically, and the Premium Services will terminate at the end of such billing cycle. (2) If Your Premium Services are billed on an annual basis, You can request the cancellation within 7 days after You have purchased the Premium Services or within 7 days after the start of a new billing cycle. If such cancellation is approved by Us, We will refund You the fee for such billing cycle. If You fail to request the cancellation within 7 days after You have purchased the Premium Services or from the start of such billing cycle, the fee for such billing cycle will NOT be refunded. However, You can still request the cancellation of the automatic renewal under such circumstance. If the cancellation of the automatic renewal is successful, Your Premium Services and the automatic renewal will stop at the end of such billing cycle. 3. To cancel the automatic renewal, You may log in to Your account on the AirDroid website, visit Your "Account info" on the "User Center" site, and click "Disable auto-renew". If You subscribed via Google Pay or Apple Pay, the cancellation can be requested at the Play Console or Subscriptions at Google Pay or Apple Pay.The more imformation can be read on the website article,and We will proceed such cancellation according to 2, IV of this Agreement. 4. Provided that the conditions stated in 2, IV of this Agreement are met, the refund will be sent back to Your payment account within 45 working days after Your cancellation request is approved. Please make sure that Your payment account is valid for use. Otherwise, We are not responsible for any failure of refund or Your failure to receive the refund arising from the invalidity of Your payment account. V. Changes in Services and the Agreement You understand and agree that We may adjust the price for the Premium Services, charge new fees for certain functions or change, adjust, suspend or terminate parts or all of this Agreement due to changes in business and laws and regulations that apply to You and Us. Unless We notify You otherwise, these changes will not apply to You until the expiration of Your current effective Premium Services billing cycle and will only apply to You when the subsequent billing cycle starts. If You do not agree to the new price or other applicable fees, or any terms after the changes, You may choose to cancel the renewal of Premium Services before the price changes apply to You. For information on how to cancel the automatic renewal of the Premium Services, see "Cancellation of Premium Services" above. VI. Miscellaneous 1. When You enjoy the Premium Services, You shall be bound by the AirDroid End User License Agreement. This Agreement is supplementary to the AirDroid End User License Agreement and is an integral part of the AirDroid End User License Agreement. In case of any conflict between the rules of this Agreement and the AirDroid End User License Agreement,the rules in this Agreement shall prevail. By using the Premium Services, You agree to the terms of the Premium Services and all public notifications We issue for these services. 2. The conclusion, entry into force, interpretation, amendment, supplement, execution, suspension, termination and dispute settlement of this Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore. if there are no relevant provisions in the law, reference shall be made to commercial practices and/or industrial practices. 3. The disputes arising out of or in connection with Your use of the AirDroid Premium Services will be resolved through friendly consultation between You and Us. If the dispute cannot be resolved through consultation, such disputes shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre（SIAC Rules） in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Singapore. 4. If any provision of this Agreement is invalidated, invalid or unenforceable, such provision is separable, and the validity and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. 5. SAND STUDIO reserves the right of final interpretation of this Agreement. VII. Contact Us Should You have any questions, complaint or indemnity claim, please contact Us via: support@airdroid.com. Address: 133 NEW BRIDGE ROAD #08-03 CHNATOWN POINT SINGAPORE