These Terms of Use are entered into by and between Eternal Egnetic Technology Limited (hereinafter referred to as "we", "us", "our"), a company incorporated under the laws of Hong Kong with its office located at Room 1013, North Water Landmark, and the person agreeing to these Terms of Use (hereinafter referred to as "you", "your" or "client").

These Terms of Use are effective on the date the Customer accesses this website and any of its pages. By continuously accessing this website and any of its pages, you confirm that you have read, understood, and fully agree to the terms of these Terms of Use in effect from time to time. If you do not accept these Terms of Use or disagree with any subsequent revisions, changes or updates we make, you may not access the website or service application, and you do not have the right to use any services we provide. You hereby agree that, in such event, your only recourse is to terminate and cease further use of the services we provide. If you choose to continue visiting our website and/or using our service applications, you will be deemed to have accepted and agreed to this Privacy Policy.

If you are accepting on behalf of a client, you represent and warrant that:-

(i) Customer agrees to participate in and use the Services;

(ii) you have sufficient legal rights to bind your customers to these Terms of Use;

(iii) you have read and understood these Terms of Use; and

(iv) You agree to be bound by these Terms of Use on behalf of the Client.

If you do not have the legal authority to bind Customer, please do not click to accept or continue to use the Website, Services and/or Service Applications on Customer's behalf.

These Terms of Use will govern your use of our products, websites, software, services, etc… It is very important for you to read and understand the terms of these Terms of Use. Before you become a user, you must read and accept all the terms and conditions of these Terms of Use, the Privacy Policy, and their supplements and service descriptions regarding the services you are about to subscribe to. Furthermore, we strongly recommend that you review and read the relevant materials throughout our website. Your subscription to the Services will constitute your agreement to these Terms of Use, the Service Description you subscribed to, and the Privacy Policy.

If there is any inconsistency between the English and Chinese versions of these Terms of Use (unless otherwise stated), the English version shall prevail.

1. Definitions and Interpretation
1.1 In these Terms of Use and all documents incorporated by reference, unless otherwise stated, the following words and phrases shall have the following meanings:-

(a) “Terms of Use” means these terms and conditions of Service as modified, amended or updated from time to time.

(b) "Account" means the relationship established between a user and the network information service we provide, including the user name and password created by the user himself or provided by us and accepted by us, so that the user can use the services we provide.

(c) “Account Information” means information about you that you provide to us in order to create or manage an Account, including name, username, telephone number, email address and billing information for your Account.

(d) “Related Persons” means our respective shareholders, affiliates, employees, consultants, contractors, suppliers, distributors, agents, directors, officers, partners, insurers and attorneys.

(e) “Authorized Person” means an individual duly and legally authorized by Customer to use the Service on behalf of Customer.

(f) “Content” means any material that may be generated or encountered while using the Service, such as data files, equipment characteristics, written text, software, music, graphics, photographs, images, sounds, video, messages and any other similar material.

(g) “Internet” means a network that connects all computers in the world and enables them to communicate with each other through network links and standardized communication protocols.

(h) “Minor” means a person under the age of 18 (or such age as a person is permitted to enter into a contract under the laws of your jurisdiction).

(i) “Order Form” or “Order” means the approved form (electronic or paper) or online ordering process by which you agree to order the Subscription Service and purchase our Services. Ordering is done through our online ordering process, purchasing through the service application or submitting a paper order form.

(j) "Parent" or "legal guardian" means a person who has the legal right (and corresponding obligation) to take care of the personal safety and property interests of a minor user.

(k) “Personal Data” means information about an identifiable individual, business, organization or other entity, but does not include the name, job title, business address or telephone number of an employee and/or associate of an associated individual, business, organization or other entity.

(l) "Privacy Policy" means our privacy policy set out in Section 12 of these Terms of Use.

(m) “Prohibited Use” has the meaning set out in Section 5 of these Terms of Use.

(n) “Services” means any services, functions or features provided by us on the Website or Service Application for online collaboration and/or management, including but not limited to cloud POS, inventory management, customer management, e-coupons, promotions, social commerce, HR management and e-commerce.

(o) “Service Application” means the software products we own or license on the Apple App Store or Google Play. Our software products include but are not limited to cloud POS, inventory management, customer management, e-coupons, promotions, social e-commerce, human resources management and e-commerce. As part of the Service, we grant you access to the program documentation and any program updates as part of the Service. “Service Application” does not include other authorized third-party technologies.

(p) “Other Licensed Third Party Technology” means Third Party Technology licensed under terms other than these Terms of Use.

(q) “Website” means the linked website including but not limited to ( www.eternal-hk.net ) or any other website and sub-linked website owned and operated by us.

(r) “Subscription Fee” means the amount payable by You for the Subscription Service.

(s) “Subscription Services” means our website applications, tools and platforms that you order through the Order Form or that we otherwise provide to you and that are developed, operated and maintained by us and accessible through our Website and Service Applications.

(t) "Subscription Term" means the period for which you choose to subscribe to the Services.

(u) “User” means individuals, employees, contractors and End Users (as applicable) who are authorized by you under the Terms of Use or on your behalf to use the Services in accordance with the Terms of Use.

1.2 “Person” includes an individual, association, partnership, company, other corporate body, trust and any form of legal organization or entity.

1.3 The headings and sub-headings in these Terms of Use are for reference only and shall not be taken into account in interpreting or contemplating any provision of this Privacy Policy.

1.4 Unless otherwise specified in these Terms of Use, words importing the singular include the plural and vice versa and words importing gender include all genders.

2. Agreement
2.1 These Terms of Use govern your use of the services contained or provided on our website or service application.

2.2 We provide the Service. You may use the Service for your personal use and/or business purposes and/or for the internal business purposes of the organization you represent. You may connect to the Service's application using an internet browser and/or the Service application and/or any other supporting service. Please note that you are solely responsible for accessing the Internet and obtaining the necessary equipment to use the Service. You may use your account to create and edit content at any time at your own discretion or at our request, and you may publish, share and delete such content at any time.

2.3 In order to use the Service, you must create an account. You hereby agree that you will not disclose your account information to any other person (except for any disclosure permitted under these Terms of Use and other policies issued by us from time to time). You shall be fully responsible for the confidentiality, security and all activities of your account (especially personal information). If there is a security breach in your account, you agree to notify us immediately. Unless the account is a corporate account that can be shared by users, you further agree that the Service is designed and used on an individual basis and that you should not share your account and/or password information with other individuals. We are not responsible for any losses caused by the disclosure of your account information, any unauthorized use of your account due to your failure to comply with these Terms of Use, or any security breaches caused by your failure to adequately implement security measures during the use of the Service (whether directly or indirectly).

2.4 We may revise, amend or update these Terms of Use at any time without prior notice to you. It is your sole responsibility to frequently check the following website: www.eternal-hk.net to ensure that you understand these Terms of Use. Your failure to terminate the Service or your continued use of the Service after the effective date of any such changes, updates and/or revised terms and/or conditions will be deemed as your acceptance of such revised Terms of Use.

3. Membership/Registration
3.1 The Service is only provided to and/or may only be used by persons who are 18 years of age or older and who are able to voluntarily form a legally binding contract under the applicable laws of your jurisdiction, or by minors supervised by their legal guardians or parents, provided that you or your legal guardians or parents (if you are a minor) have read and agreed to be bound by these Terms of Use and the Privacy Policy. By using our services, you and/or your parent or legal guardian represent and warrant to us that:-

(a) you are 18 years of age or older (or otherwise of age to enter into a contract under applicable law) or if you are a minor, you must obtain the prior consent of your legal guardian or parent before registering, and your parent or legal guardian will be responsible for the user's use of the Services and all activities and/or transactions involved;

(b) you will not use the Website or Services to conceal the proceeds of income, violate any applicable laws or regulations, or process the proceeds of crime;

(c) you will not falsify any account registration information you provide to us;

(d) You will not falsify or omit any material information in the course of your activities on the Website or in connection with or arising directly or indirectly from your use of any Services (including registration), or provide misleading information when requested by us.

(e) you will fairly and/or promptly report income related to your activities on the Website in accordance with applicable law and pay any and all related taxes imposed; and

(f) you are not a person barred from receiving the Services under the laws of Hong Kong or other applicable jurisdictions (including your country of residence or the place from which you use the Services).

3.2 You are required to provide accurate, complete and current information in order to register an account, and you must endeavor to update the information at any time. It is hereby expressly and strictly prohibited to provide false information when registering and using an account. Violation of this agreement may constitute a criminal offense. We reserve the right to report any such possible criminal conduct and provide relevant information to the relevant agencies and/or competent authorities for investigation, and may take legal action against you for any losses resulting from such conduct.

3.3 By registering for an account, you accept these Terms of Use, our Privacy Policy (see our Privacy Policy for details) and compliance with all applicable laws regarding online conduct. You must also comply with the services you order and our policies described in these Terms of Use, other policy documents, and all other rules and regulations that we have and/or may notify and publish from time to time at http://www.posify.me/legal/master-agreement. Each Description is incorporated herein by reference and, subject to Section 2.4, each Description may be updated by us from time to time.

3.4 We have the right to amend these Terms of Use in accordance with Clause 2.4 at any time at our absolute discretion.

4. Your obligations and responsibilities
4.1 You are entirely responsible for the security of your username and password and hereby undertake to keep it secure. You are fully responsible for all actions, omissions, liabilities and damages arising from your failure to maintain the confidentiality of your username and password. You must not disclose your user name and password to any third party without our prior written consent (unless such disclosure is permitted in these Terms of Use), and must notify us immediately of any unauthorized use of your account or any breach of security.

4.2 You are responsible for storing and backing up important information obtained or stored through the Service to and from your computer or other devices.

4.3 You must keep all account information up to date and accurate at all times. You must also provide us with accurate and truthful information promptly at all times as requested by us.

4.4 You must not use the Services in any way that violates the Acceptable Use Policy set out in Section 5.

4.5 If you agree and comply with these Terms of Use, we grant you limited rights to use the Website and Services. You agree that the right to use the Site and Services is a non-exclusive, non-transferable, revocable, limited license granted by us, subject to the restrictions and obligations set forth in these Terms of Use. These Terms of Use do not grant you any authorization (except for the authorization provided in Section 4.5 of these Terms of Use), rights, title or ownership with respect to the Website or any of the Services.

4.6 You agree that you may not assign these Terms of Use and any rights, duties and obligations contained herein without our prior written consent and that you will be liable to us for any loss or damage resulting from your unauthorized assignment. Any assignment or attempted assignment of these Terms of Use without our consent will be void. We may assign these Terms of Use and any rights, duties and obligations herein without prior notice to you or your consent.

4.7 You are solely responsible for your conduct and activities on the Website and any Content, including but not limited to text, audio, photos, items, links and user names that you post, submit and display on our Website.

4.8 You understand and acknowledge that all Content publicly posted or privately transmitted through the Service is the sole responsibility of the person from whom it originated, and that you are solely responsible for any Content that you upload, download, post, email, transmit, store or otherwise make available through your use of the Service.

4.9 You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable, and that you may expose others to objectionable Content. However, if you find any content objectionable, you must report it to us.

4.10 You are solely and fully responsible (or jointly and severally if you are an entity) for any and all transactions (if any) entered into between you and any third party.

4.11 You hereby agree to release the Related Parties from any and all losses and you shall indemnify and hold them harmless from all losses. Regardless of whether the alleged liability or loss is based on contract, negligence, tort, unjust enrichment, strict liability or any other basis, even if the person connected has been advised or should have known of the possibility of such losses and damages, the above limitation of liability

The restrictions still apply and are not considered the success or effectiveness of any other remedies.

4.12 If we and our affiliates suffer any damage due to your intent or negligence, you shall bear full liability for damages, which shall not be limited by the amount in Article 10.2.

5. Our Cloud Platform Acceptable Use Policy
5.1 You and the User are bound by Section 5 (“Acceptable Use Policy”) and you hereby agree not to abuse the Service or aid, abet, counsel or procure any person to do so.

5.2 When using the Service, you should not intend to do any of the following in relation to the Service: -

(a) probe, scan or test the vulnerability of any system or network service related to the Service, Service Application and/or Website;

(b) disable, interfere with, abuse, disrupt, intercept, circumvent or otherwise violate the security or authentication measures of the Service;

(c) engage in, promote or encourage illegal activity or violate any law;

(d) upload, download, post, email, transmit, store or otherwise make available any Content or any material that is unlawful, harassing, threatening, harmful, tortious, defamatory, abusive, violent, pornographic, vulgar, invasive of another’s privacy, hateful, racially or ethnically objectionable, or otherwise objectionable, or that could cause harm to other users and any third party’s public, private and/or confidential information;

(e) violate any third party rights or any of our policies (including these Terms of Use, Privacy Policy or other policies published from time to time);

(f) stalk, harass, threaten or harm others;

(g) Solicit personal or other information from a minor whom you do not know, including, but not limited to, any of the following: full or last name, home address, zip/postal code, telephone number, photograph, or the name of the minor’s school, church, sports team, or friends;

(h) If you use the Service despite violating any provision of these Terms of Use;

(i) manipulate the prices of any items or interfere with other Service operators’ listings (if applicable);

(j) take any action that would affect our fee structure, billing process, or fees owed to us;

(k) post content that may lead to the trade of illegal, counterfeit or stolen items (if applicable);

(l) promotes bigotry or hatred against any person or group of persons based on race, religion, ethnicity, sex, gender identity, sexual orientation, disability or impairment;

(m) distribute, post, transmit or spam any disruptive code, unsolicited or bulk electronic communications, chain letters or pyramid schemes;

(n) distribute viruses or any other technology that is harmful to us or any other customer;

(o) post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam or chain letters, including, without limitation, bulk commercial advertising and material announcements;

(p) download or transmit any material from any third party that you know or reasonably should know may infringe their interests or rights;

(q) take any action that may infringe any third party’s copyright, trademark, patent, trade secret or other proprietary or intellectual property rights or rights of publicity and privacy;

(r) restrict or inhibit any other user from using and enjoying the Service;

(s) breach any term or condition of these Terms of Use or other rules or regulations of our website that may apply to the Service and/or Service App;

(t) use third party links to their websites without accepting any such third party's terms and conditions for use of their websites;

(u) take any action that may violate any applicable law, statute, ordinance or regulation;

(v) copy, modify and/or distribute content from us and our subdomains, including but not limited to our copyrights and trademarks;

(w) collect or store information about other users/third parties unless we have their consent and permission;

(x) use any method that could damage, disable, overburden, impair or harm any server, network, computer system or resource used to provide the Service (whether or not such server, network, computer system or resource is owned by us), including but not limited to:-

x.I. defeat or otherwise circumvent any security or authentication measures; or

x.II. interfere with or disrupt any user, host, or network, including, without limitation, sending a virus, overburdening a host or other equipment, spamming, junk email, or mail-bombing any portion of the Service;

(y) You may not falsely represent yourself as any person or entity and falsify any account registration information you provide to us. You may not impersonate or falsely represent that you are another person (including a celebrity), entity, another user, an affiliate, or a municipal or government official, nor may you otherwise misrepresent your affiliation with a person or entity;

(z) falsify or omit any material information (directly or indirectly related to or arising therefrom) or provide misleading information when providing information to us in response to your website activities and service applications or use of any services (including during registration activities);

(aa) reverse engineer, decompile, or disassemble any hardware and/or software that runs on the Website and/or Service Applications;

(ab) attempt to harm or injure any other authorized third party technology (whether directly or indirectly) through the use of the Services or Service Applications; or

(ac) you attempt to harm us while accessing the Website, Service Applications or any Services.

However, this clause shall not be construed to limit your freedom under applicable law.

5.3 Any of the matters described in Section 5.2 shall constitute "Prohibited Use". If we determine that you have engaged in any prohibited uses or any violations of the practices specified above, we may immediately suspend or temporarily deny your access to the Service without further notice.

5.4 We hereby expressly reserve the right, in our sole and absolute discretion, to respond to any such prohibited use with appropriate sanctions. Such sanctions may include, but are not limited to, reporting to law enforcement or other authorities and termination of your access to any Services.

5.5 We expressly reserve the right to refuse or block any user or email address that may be deemed to be impersonating, defaming or misrepresenting your identity or misappropriating another person's name, identity, or email address.

6. Our duties and responsibilities
6.1 We will use our reasonable skill, care and diligence to provide and maintain the Services, Service Applications and Website. We have no obligation to ensure the truthfulness or accuracy of any data you post, upload or store through the Services, in particular:

(a) We do not pre-screen content that you upload, but we may refuse or remove any such content in our absolute discretion.

(b) We do not control the Content posted via the Service and do not guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is entirely at your own risk.

(c) If any content is found to be untrue and/or inaccurate, we do not accept any responsibility or liability arising from the use of such content.

6.2 We and our affiliates shall not be liable for any direct or indirect losses incurred by you as a result of the following circumstances:

(a) your use of or inability to use the Services;

(b) any information, guides etc. on our website;

(c) delays or interruptions in the Service;

(d) viruses or other malicious software or programs obtained through accessing or linking to the Services;

(e) errors, omissions, inaccuracies, etc. in the Services;

(f) any damage to your hardware or software caused by your use of the Services;

(g) the conduct of any third party; or

(h) suspending your account or other action we take against your account for violating these Terms of Use and/or any applicable laws.

6.3 If any dispute arises between you and any third party, we and our affiliates will not be responsible for any such dispute and related requests, demands and damages (whether actual or incidental).

6.4 We do not guarantee continuous, successful or secure access to the Service, and the operation of the Service may be interfered with by various factors beyond our control.

6.5 The Services or any features or portions thereof may not be available in all languages ​​or in all countries and, therefore, we make no representation and do not warrant that the Services or any or part of the Services features are appropriate or available for use in a particular location. To the extent you choose to access and use the Services, you do so on your own initiative, and you are responsible for compliance with any applicable laws.

6.6 We will not be responsible and/or liable for any loss, injury, claim, liability or damage arising from your use of the Service. Your use of the Service is at your own risk.

6.7 We will make every effort to ensure that you have unrestricted access to the Services, Service Applications and our Website (subject to the subscription services you have). If the Services are suspended for some purpose (including but not limited to system maintenance), we will give you prior notice.

6.8 However, if necessary, we may suspend the Services and/or our Website without prior notice to you. We will not be liable if for any reason the Service and/or our Website is unavailable for any particular time.

6.9 We will take all reasonable steps to minimize errors in the information we provide, transmissions, transactions, etc. However, due to the nature of the Internet and any unforeseen circumstances, this cannot and is not guaranteed.

6.10 This website and some articles on it may contain links to other resources and businesses on the internet for information purposes only. This does not mean that we sponsor, are affiliated or involved in or are legally authorized to use any trade name, registered trademark, logo, seal or official stamp, or copyrighted symbol in the above links.

6.11 We will not be responsible or liable for any loss, disruption or damage (including but not limited to consequential loss, disruption or damage) arising from your use or misuse of or reliance on or inability to use any links to such third-party websites or your use or reliance on the content of any such third-party websites and/or other authorized third-party technologies. You should refer to the terms and conditions of such Third Party Websites and/or other authorized third party technologies in connection with their use and acknowledge that any such use of such Third Party Websites and/or other authorized third party technologies is at your own choice and risk.

6.12 Certain services on this Website may be provided by third parties. By using any products, services or functionality originating from this Website, you acknowledge and agree that we may provide your information and data to any third party with whom we have a contractual relationship in order to provide the requested products, services or functionality to Website users and customers, in accordance with our Privacy Policy.

6.13 We have the absolute right to remove any content/data uploaded by you if such content/data violates any applicable laws and/or breaches these Terms of Use. We also have the right to suspend your account in connection with such violations.

7. Fees and Payment
7.1 Depending on the level and quantity of Services you require, the Services are provided free of charge (but with limited access to the Services) or under a subscription plan with different subscription conditions.

7.2 You may select your subscription service at any time on the Website or Service Application and pay the subscription fee in advance.

7.3 You can change your subscription by upgrading or downgrading your subscription at any time.

7.4 If you wish to designate a different credit card or payment account, or if your credit card or payment account details change, you must change your details online in the account details section of the Website as soon as possible. Your access to the service may be temporarily interrupted while we verify your new payments profile. We may contact you via the email in your account for reasons including, but not limited to, verifying your updated payment information.

7.5 If you do not wish to renew your subscription, you must notify us at least seven (7) days before the end of the subscription period. At the end of the current Subscription Period, if you have not downgraded to a free plan, or if you have not notified us at least seven (7) days before the end of the current Subscription Period that you do not wish to renew the Subscription Service, we will assume that you accept the existing Subscription Service and we will charge the Subscription Fee for the Subscription Plan you selected and use your last payment method to charge the Subscription Fee.

7.6 You are responsible for paying all fees promptly and for providing us with valid credit card or payment account details for all fees payable.

(a) If we are unable to successfully charge your credit card or payment account for subscription fees due, we reserve the right to cancel or limit your subscription and access to the Services, delete the information stored in your account and/or terminate your account.

7.7 We reserve the right to change or increase the Subscription Fees at any time during the Subscription Term and may start charging for Free Services. Any price changes will not apply to your account until your current subscription period expires. Unless you choose to order a new/upgraded plan, you will not be charged for use of any Services (unless we determine otherwise).

8. Inactive Account Policy
8.1 We reserve the right to terminate any inactive account that has not subscribed to any service after being inactive for ninety (90) consecutive days (i.e., an account that has not been logged into for 90 consecutive days).

8.2 For the purpose of calculating the inactivity period, each Service will be considered a separate and independent Service, where the activity of an account in one Service will not be sufficient to make the accounts in other Services active. For users with multiple accounts, as long as one of the accounts is considered active, it will not be considered inactive.

9. Warranties
9.1 We warrant that we use reasonable care and skill to provide the Services in accordance with these Terms of Use, the Service Description and the Privacy Policy.

9.2 We provide the Services on an "as is" basis, which may contain errors, omissions or inaccuracies, which may cause the failure, damage or loss of data and/or information originating from your devices and peripherals (including but not limited to servers and computers). We strongly recommend that you back up all data and materials on your device and peripherals before using the Service. To the fullest extent permitted by law, we and our affiliates, suppliers and distributors disclaim all warranties, express or implied, with respect to the Services. We also do not warrant any warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.3 To the maximum extent permitted by applicable law and under these Terms of Use, we do not guarantee or warrant that any content you store or access through the Services will not be inadvertently damaged, corrupted, lost or deleted, and we assume no liability arising from any such damage, corruption, loss or deletion. It is your responsibility to maintain appropriate alternative backups of your materials and data.

10. Limitation of Liability and Indemnity
10.1 To the maximum extent permitted by applicable law, in any event, we and our affiliates shall not be liable for: -

(a) any indirect, special, incidental, punitive, exemplary or consequential damages;

or consequential damages; or

(b) any loss of use, data, business or profits.

INCLUDING, WITHOUT LIMITATION, WHETHER WE OR ANY OTHER PERSON HAS BEEN ADVISED OF OR WARNED (WITHOUT LIMITATION) OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10.2 In addition, to the maximum extent permitted by applicable law, in no event shall we and our affiliates be liable for an amount exceeding the amount paid by any such user (hereinafter referred to as the "Rightholder") for services two (2) months prior to submitting a claim for compensation for any and all claims related to these Terms of Use, that is, our and our affiliates' liability is limited to the amount paid two (2) months prior to the Right Holder's claim.

10.3 The restrictions in clauses 10.1 and 10.2 apply jointly to us and our affiliates. We are not liable for special, incidental, punitive, indirect, economic consequential damages, or loss of profits, business, value, revenue, goodwill or anticipated savings.

10.4 We are not responsible for any violations of law or third party rights arising from any products, services or items not provided by us, or from your content, materials, designs or specifications.

10.5 Unless prohibited by law, you shall indemnify us and our affiliates (or exempt us and our affiliates from liability) to the maximum extent for any third party litigation caused by you.

11. Data/Content
11.1 We do not own the materials that you post, upload, input or submit to us ("Submissions"). However, by posting, uploading, inputting, providing or submitting Submissions you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise all copyright, publicity and database rights in any Submissions you provide to us during the term of these Terms of Use in connection with our Services.

11.2 By using the Service, you may obtain personal information about various parties (including any other users of the Service). Such information may only be used for the purpose for which it was collected or in the ordinary course of business without the prior consent of the party concerned. We do not authorize you to use your personal information for unsolicited commercial information or direct or indirect marketing unrelated to the Services. Without limiting the foregoing, you are not authorized or permitted to add our customers to your email or physical mailing lists without the prior consent of the relevant party.

11.3 As provided in these Terms of Use, no compensation (whether monetary or otherwise) will be paid to us in connection with our use of your Submissions. We are under no obligation to post or use any submission you make, and we may remove any submission you make at any time in our sole discretion.

11.4 Third party websites or third party individuals may reprint Submissions without notifying us and we are not responsible for any disputes regarding this matter.

11.5 By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in these Terms including, without limitation, all the rights and licenses necessary for you to post, upload, input or provide the Submissions.

11.6 We accept no liability for any use of your Submissions. We have no obligation to ensure the authenticity or accuracy of the data you store based on the Services.

11.7 We strongly recommend that you read the Service Description for the Services you order.

11.8 To the maximum extent permitted by applicable law, the Client shall indemnify us and our affiliates for any loss or damage caused by our and/or our affiliates' use of the Submissions.

12. Privacy
12.1 Please read our Privacy Policy (https://www.eternal-hk.net/pages/97) carefully which explains how we treat your personal data and protect your privacy.

13. Termination/Suspension
13.1 You may terminate your account and/or services with us at any time while you are performing these Terms of Use. However, if you have a subscription plan and terminate your account before the end of your then-current subscription period, your termination will be effective immediately and there will be no refund of any paid subscription fees, if any.

13.2 If your account is terminated:

(a) your account will be disabled or deleted;

(b) all rights granted to you under these Terms of Use shall be immediately void;

(c) We may, or upon your request, delete all your data and content from our service website.

13.3 Once your account is terminated, your content will not be restored. We are not responsible for any subsequent losses or damages caused by the termination of your account. You are responsible for backing up or copying any required materials or data before terminating your account.

13.4 In the event of termination pursuant to Section 8, all data associated with such Account may be deleted. We will notify you thirty (30) days in advance of such termination, and you will have the option to back up your data within the said thirty (30) days. After this period of thirty (30) days, your data may be deleted in accordance with Section 13.

13.5 We reserve the absolute right to terminate and/or suspend your account immediately without prior notice and to take legal action against you if you fail to comply with any term of these Terms of Use or the Service Description applicable to the Service and/or if you breach any applicable law and such breach and/or infringement is not cured within three (3) days.

14. Intellectual Property Rights
14.1 We, our products (including services, service applications or websites) and all text, product graphics, logos, designs, page headers, button icons, scripts and service names contained in our products are our intellectual property and may not be used as part of your trademarks and/or as part of your domain name or email address in connection with any product or service in any manner that is likely to cause confusion.

14.2 The company names and products mentioned in our products may be the intellectual property of their respective owners.

15. General
15.1 These Terms of Use do not create any joint venture, partnership, employment or agency relationship between you and us.

15.2 These Terms of Use are subject to applicable laws and regulations. Nothing contained in these Terms of Use violates our rights to comply with governmental, court and law enforcement requests or requirements relating to your use of our Services or information provided to or gathered by us with respect to such use.

15.3 Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and us with respect to the Service and supersede all prior communications and proposals, whether electronic, oral or written, between you and us with respect to this Service.

15.4 You may not assign or otherwise transfer these Terms of Use, or any rights and obligations granted under them, without our prior written consent.

15.5 We may assign or otherwise transfer any rights and obligations under these Terms of Use without your prior consent, but the assignment or transfer referred to in the previous clauses shall not affect your rights and interests under these Terms of Use.

15.6 If there is any inconsistency between the English and Chinese versions of these Terms of Use, the English version shall prevail.

15.7 Any failure or delay by us in exercising any right, power or remedy granted to us under these Terms of Use will not constitute a waiver of such right, power or remedy. If we only exercise one or some of our rights, powers or remedies, we can still exercise our other rights, powers or remedies.

16. Additional Terms for Downloads from Third-Party App Stores
If you download the Service App from the Apple App Store, Google Play, or a third-party app store (collectively, an “App Store”), these Terms apply:

16.1 These Terms of Use are concluded entirely between you and us, and not with the app store owner or operator (“App Store Owner”). We (not the app store owners) are solely responsible for the service app and the content therein (subject to these Terms of Use). By accepting these Terms of Use, you acknowledge that the App Store Owner has no obligation to provide you with any maintenance or support services with respect to the Service Application.

16.2 Any claims relating to product liability related to the Service App, failure to comply with applicable legal or regulatory requirements, or infringement of consumer protection or similar laws or intellectual property rights are governed by these Terms of Use and the App Store Owner or us are not responsible for any such claims.

16.3 You should read and comply with the App Store Terms of Service, including the Usage Rules (as defined in the Terms of Service).

16.4 You represent and warrant that you are not located in a U.S. embargoed country or in any U.S. government list of prohibited or restricted persons.

16.5 You and we acknowledge and agree that the App Store Owner and the App Store Owner’s subsidiaries are third-party beneficiaries of these Terms of Use in connection with your license of the Service Application. Furthermore, upon your acceptance of these Terms of Use, as it relates to your license of the Service Application, the App Store Owner, as a third-party beneficiary of these Terms of Use, will have the right (and will be deemed to have accepted the right) to enforce the terms of these Terms of Use against you.

16.6 Without limiting any other term of these Terms of Use, you must comply with all applicable third-party terms of agreement when using the Service Application.

16.7 All other terms and conditions of these Terms of Use apply to your use of the Service App.

17. Severability
17.1 If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be deemed invalid and shall not affect the remaining provisions of these Terms of Use which shall continue to be in force.

18. Dispute Resolution
18.1 These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong.

18.2 We strive to resolve your issue as quickly as possible. Before submitting a request, you agree to try to resolve the dispute informally by contacting us at info@ava-hk.com. We will attempt to resolve the dispute informally by contacting you via email. We will endeavor to resolve a dispute within ninety (90) days of its submission.

18.3 Subject to clause 18.2, the parties hereby irrevocably agree that any dispute, controversy, controversy or claim which may arise under or in connection with these Terms of Use, including as to their existence, validity, interpretation, performance, breach or termination, or any dispute concerning any non-contractual obligations arising out of or in connection with them, shall be finally settled by the courts of Hong Kong, which shall have non-exclusive jurisdiction to adjudicate upon them.