TERMS AND SERVICE
Terms and Conditions of Use
Welcome to the GOBAO websites and APP (collectively referred to as the “Services”). These terms and conditions of use (“Terms”) govern your use of our Services, so please read them carefully before using any of our Services.
By accessing or using our Services, you acknowledge and agree that you have read, understood and agree to be bound by these Terms, including the various disclaimers set forth herein. If you do not agree to these Terms, please do not use our Services.
GOBAO reserves the right to revise these Terms at any time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most current version will always be posted on our website. If the revisions, in our sole discretion, are material, we may notify you via an update or e-mail to the email associated with your account. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the services.
You are responsible for complying with any and all local laws applicable to your use of the Services. GOBAO makes no representations or warranties that the materials contained within our Services are appropriate for, or accessible from all locations.
Please note that your use of our Services is at your own risk. None of the parties involved in creating, producing, or delivering our Services are liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, from your access to, use of, or browsing of our Services, or through your downloading of any materials, data, text, images, video, or audio from our Services. This includes damages caused by computer viruses, bugs, human action or inaction, or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.
Copyright Notice
All content available on the GOBAO websites and APP (collectively referred to as the “Services”), including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of GOBAO or its content suppliers and is protected by international copyright laws. The compilation of all content on our Services is the exclusive property of GOBAO and is protected by international copyright laws. All software used on our Services is the property of GOBAO or its software suppliers and is protected by international copyright laws.
You are not allowed to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content, in whole or in part, except as otherwise expressly permitted in these Terms.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This notice is made subject to the rights of others pursuant to copyright law and international conventions.
Use of the Service
GOBAO grants you a limited, non-exclusive, non-transferable, revocable license to access and use the materials on our websites and APP (collectively referred to as the “Services”) solely for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You are not permitted to modify, copy, distribute, broadcast, display, reproduce, publish, license, transfer, create derivative works from, sell, lease, or re-use any content obtained from the Services without the express written consent of GOBAO. Unauthorized use of the materials available on our Services may violate copyright, trademark, and other applicable laws, and could result in criminal or civil penalties.
You agree not to upload, post, or otherwise transmit through our Services any content that: (i) is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable; (ii) infringes the intellectual property rights of any party; (iii) contains a virus or other harmful component; or (iv) otherwise violates any applicable laws. GOBAO may remove any content that we determine to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms, in our sole discretion.
Any content, materials, information or ideas that you upload, communicate or otherwise transmit or post to us, the Services or our users (“Submissions”) will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose whatsoever, including, but not limited to, quality control and professional development, as well as our marketing and promotional efforts. By making a Submission, you grant us a non-exclusive, royalty-free, perpetual, worldwide, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and perform such Submission, and your name and location (city, state and/or country) as supplied by you in connection with such Submission, in any media now known or hereafter developed. You acknowledge that we may choose to provide attribution of your comments or reviews at our discretion. You further grant us the right to pursue at law any person or entity that violates your or our rights in the Submissions by a breach of these Terms.
Disclaimers
The materials and services provided on the GOBAO websites and APP (collectively referred to as the “Services”) are provided “as is” and “as available” without any warranties or guarantees of any kind, either express or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property.
GOBAO’s obligations with respect to its products and services are governed solely by the agreements under which they are provided, and nothing on the Services should be construed to alter such agreements. GOBAO makes no warranties or representations about the accuracy, reliability, completeness, or timeliness of the materials on the Services, and does not commit to updating such materials.
GOBAO reserves the right to modify the materials or products offered through the Services at any time without notice. The materials or products available on the Services may be out of date, and GOBAO makes no commitment to update them. Information published on the Services may refer to products or services that are not available in your country.
GOBAO does not warrant that the Services will operate error-free or that the Services, their servers, or the content are free of computer viruses or similar contamination or destructive features. If your use of the Services or the content results in the need for servicing or replacing equipment or data, GOBAO shall not be responsible for those costs. GOBAO disclaims all liability for the conduct of its users, whether online or offline. Your use of the Services and all content therein is at your own risk. If you are dissatisfied with the Services or any content, your sole remedy is to discontinue using the Services.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of, or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
Limitation of Liability
To the extent permitted by law, in no event shall GOBAO, its affiliates, or any third parties mentioned on the Sites and APP be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; or (v) any other matter relating to the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not GOBAO has been informed of the possibility of such damage.
Notwithstanding anything to the contrary in these Terms, if GOBAO is found to be liable to you for any damage or loss that arises out of or is in any way connected with your use of the Sites, APP, or any content therein, then GOBAO’s total liability will not exceed U.S. $100.00. This limitation of liability shall apply to the fullest extent permitted by law and will survive termination or expiration of this agreement for any reason.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Links to Other Websites
Our Sites and APP may contain links to third-party websites or services that are not owned or controlled by GOBAO. GOBAO has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that GOBAO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. If you decide to access any of the third-party websites linked to our Sites and APP, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Trademarks/Intellectual Property
All trademarks, service marks, and trade names used on the Sites and APP, including but not limited to the GOBAO name and logo, are owned by GOBAO or its affiliates or licensors and are protected by international trademark laws. All other trademarks, service marks, and trade names referenced on the Sites and APP are the property of their respective owners.
By using the Sites and APP, you acknowledge and agree that you are expressly prohibited from using any GOBAO trademark, service mark, trade name, or logo without the prior written consent of GOBAO. Unauthorized use of these marks is a violation of trademark laws and may result in significant legal penalties. Any other intellectual property, including patents and copyrights, appearing on the Sites and APP, whether registered or unregistered, are the property of GOBAO or used with the authorization of the owner. You acknowledge and agree that you are expressly prohibited from using such intellectual property without the prior written consent of GOBAO or the appropriate owner.
GOBAO will enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution where necessary. Unauthorized use of the intellectual property may lead to legal penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.
Indemnity
You agree to indemnify GOBAO against all losses and expenses arising from any breach of these Terms and Conditions by you, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site or APP using your account.
Term and Termination
These Terms apply upon your access to the Sites and APP. GOBAO may, at its sole discretion, terminate or restrict your use of the Site without notice or liability, for any reason. GOBAO may also terminate these Terms, or any part thereof, at any time without notice. Provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous will survive any termination.
Contact Information
Gobao Electronic Technology GmbH（the “GOBAO GmbH”）
Emil-von-Behring-Straße 6, 63128 Dietzenbach
Email: info@gobao-ebike.com
Registration number: HRB 295115
Value Added Tax Act: DE438790363307751
