Terms of Service

Allxon DMS Terms of Service

These Allxon Device Management Solution (“Allxon DMS”) Terms of Service are entered into by Allxon Inc. (“Allxon”) and the entity or person agreeing to these terms ("Customer") and govern Customer's access to and use of the Services. This Agreement is effective when Customer clicks to accept it. If you are accepting on behalf of Customer, you represent and warrant that (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement.

1. Server Level Commitment

1.01. Definitions
The following definitions shall apply to the Allxon DMS Terms of Service.

I. “Uptime”: means the Allxon DMS service available time for a properly registered user to log in to Allxon DMS web interface.

II.“Scheduled Downtime”: means any time that Allxon notifies Customers of a period of downtime by five (5) business days prior notice before the commencement of such Scheduled Downtime.

III. “Emergency Maintenance”: means any maintenance where Allxon may temporarily limit or suspend the availability of all or part of the Allxon DMS service at any time if it is necessary for reasons of public safety, security, or emergency maintenance of the service. In cases that the maintenance could not reasonably have been planned in advance as scheduled downtime, Allxon will use its best efforts to notify the Customer of the emergency maintenance as soon as possible.

IV. Software Update: means update or upgrade of Allxon DMS agent and/or the web interface or portal.

V. Free Trial: means a certain period of time in which Customer has access to Allxon’s paid features provided by Allxon.

1.02. Allxon DMS Server Level Availability
Allxon commits to use all reasonable efforts to ensure that the Allxon DMS log-in web interface is available for Customer at the level of 99.5% of the time in any calendar month. This does not include any scheduled downtime and emergency maintenance. In the event that Customer experiences any of the service unavailable issues due to Allxon failure to provide Services, Customer will be eligible to receive the Service Credit described above.

1.03. Allxon DMS server level commitment does not include downtime caused by the devices (either hardware or software) used by Customer and does not include end point internet connection failure.

1.04. Service Credit will be calculated at each following month of the affected month and totaled with financial credit or refund back to the Customer. The aggregate maximum number of Service Credit to be issued by Allxon to Customer for any and all service unavailable period that occur in a single calendar month shall not exceed 50% of the total invoice amount for the affected month.

2. Data Backups and Data Protection

2.01Data Backups

Customer data is stored in a redundant database cluster which provides both high availability and failover protection. In the unlikely event that these systems should fail, Allxon will make commercially reasonable efforts to restore customer data. Data will be restored from the most recent nightly backup within a 72-hour period.

2.02Customer’s Compliance with Data Protection

Customer acknowledges that Allxon will receive the technical information, including but not limited to logs, form the devices used by Customer. Allxon does not use this mechanism to collect personal data. Allxon is only the Allxon DMS service provider and it is Customer’s sole responsibility to comply with all applicable data protection laws and regulations to process the information by using Allxon DMS service.

3. Customer’s Responsibility.

The Customer is responsible for the following:

I. Customer is responsible for internet access. Allxon is not responsible for the reliability or performance of any connections which are not owned or operated by Allxon, including, but not limited to any applications or software provided by any third parties.

II. Customer is responsible for their own password and account security. Customer is responsible for the control and management of its authorized personnel who have the right to access the Allxon DMS service. Customer should cancel the right of account and password by any person if such person is no longer authorized personnel of Customer.

III. While using Allxon DMS, the Customer is responsible for third-party applications that do not contain malicious activities against the service. In the event of malicious activity, Allxon reserves the right to deny service and to block or remove such malicious applications, software or activities if necessary. Allxon may claim damage against Customer for the malicious activities.

IV. Customer is responsible for reporting any interruption of the service availability as soon as possible.

V. Customer is responsible for Service Credit notification to Allxon as described in Section 1.01-V.

 

4. Support Level Commitment

4.01. Definitions

Technical support covers only incidents relating to abnormal or undocumented operation of a service provided by Allxon (“Technical Support”). For the purpose of this Support Level Commitment, “Product” means Allxon DMS agent software, Allxon DMS web portal and the connection between agent and portal and “Support” includes creating accounts, enroll devices, verify and respond to customer issues.

4.02. Support operation hour and Language

Technical Support is available on regularly scheduled working days (Monday to Friday) from 09:00 to 18:00 Taiwan local time excluding Taiwan public holidays.

Technical Support is provided in English or Chinese, as appropriate.

4.03. Submitting a Case

I. For security reasons, only registered account contacts with Allxon are authorized to report incidents through the support system Allxon provided.

II. When reporting a case, to ensure proper diagnostics of the issue being reported, Customer should provide as much detail as possible. Customer should provide including, but not limited to, a clear definition of the problem, what is the expected behavior, what are the resources (by providing device serial number) involved for the reported problem, steps tried to solve the issue, when the issue first started occurring, and the severity of the issue being reported.

III. When reporting a case, ensure the impacted devices are turned on with internet connected.

IV. In attempt to resolve an issue reported on older versions of the licensed Product, Allxon may ask the Customer to reproduce the event on the latest available version of the licensed software before proceeding with the investigation. Should the issue remain reproducible on the latest version, and no workaround is possible, Allxon will provide the software correction (or "hotfix") only to the latest version of the licensed Product.

V. While investigating an issue reported, Allxon may need to temporarily add a test player/software to a Customer's network to help identify the issue. Allxon shall not be responsible for additional bandwidth usage incurred as a result of issue investigation. This additional bandwidth usage may be as a result of, but is not limited to, application error report submissions or the retrieval of system logs.

VI. Technical Support is available for Products installed on a certified device model and operating system (“OS”).

VII. Should the Customer require Product usability assistance or training, it may be made available by Allxon for an extra charge and is subject to Allxon’s availability.

4.04. Response Time

Priority Level Criteria Response Time
Critical No service available 1 working day
Urgent Functionality is impacted or performance is significantly degraded, impacting many users or Players, with no reasonable workaround. 5 working day

 

4.05. Support Exclusions

I. Technical Support does not include incidents resulting from issues with non-Allxon DMS infrastructure. This includes, but is not limited to, command related issues, hardware related issues, network related issues, and/or OS related issues.

II. Technical Support does not include Product help or Product usability issues defined within Allxon DMS’ documentation.

4.06. Customer’s Responsibility

I. The Customer technical contact will provide to Allxon appropriate and sufficient information to help identify and solve incidents such as, but not limited to, device serial number, release, environment, OS, nature of question or problem, diagnostic information, description of the situation, number of devices affected and any action taken. The Customer technical contact will also provide documentation such as error messages, files or screen dumps if required.

II. Only registered account contacts are eligible for Product support. The Customer is responsible to register appropriate contacts by providing the contact’s full name, email address and phone number. The Customer is also responsible for communicating account changes (i.e. adding or removing authorized contacts, or updates to contact information) by opening a case with Allxon as defined in Section 4.03-I

III. All third-party applications running on systems associated to an incident must be disclosed in sufficient detail in the report sent to Allxon Support. If Allxon determines a third-party application is interfering with Allxon DMS service, the incident may be rejected at Allxon’s discretion.

IV. Customer acknowledges that when Allxon carries out Technical Support, Allxon may need to access Customer’s devices either on site or remotely. Customer should provide necessary assistance and cooperation for Allxon to provide Technical Support and should ensure that the third party software used in Customer’s device does not intervene with Allxon’s Technical Support.

V. Upon receiving Allxon’s notice of Software Update, Customer should accept the update with the period recommend by Allxon. If Customer does not complete Software Update within Allxon’s recommended period, Allxon may remotely carries out Software Update in order to make Allxon DMS service works functionally.

4.07. Allxon’s Responsibility

Allxon reserves the right to modify in 30 days the following provided that Allxon will give Customers fourteen (14) days’ advance notice:

I. Product minimum requirement changes

II. Allxon DMS client applications that are no longer supported by the Allxon DMS Server

III. Changes to the Terms of Service

IV. Above responsibility exclude Allxon DMS web/agent update

4.08. Standard Service Charges

For all service charges, please refer to the official signed an agreement with Allxon.

 

5.01. Use of Service

5.01. (1) Access.

Allxon DMS service is available for purchase on a subscription basis. Customers may upgrade their service to paid Subscription Service at any time by contacting Allxon directly and placing Orders. For details about Subscription Service plan, pricing, and Subscription term, please refer to the official signed agreement with Allxon or contact Allxon directly. During the Subscription Term, Allxon will provide Customers access to use the Subscription Service as described in this Agreement and the applicable Order. Allxon may also provide Customers access to use our Free Services at any time by activating them in Customer’s Allxon account. Allxon might provide some or all elements of the Subscription Service through third party service providers. You may provide access and use of the Subscription Service to your Affiliate's Users or allow them to receive the Consulting Services purchased under this Order; provided that, all such access, use and receipt by your Affiliate's Users is subject to and in compliance with the Agreement and you will at all times remain liable for your Affiliates' compliance with the Agreement.

5.01. (2) Additional Features.

Customer may subscribe to additional features of the Subscription Service by placing an additional Order or activating the additional features from within Customer’s Allxon account (if this option is made available by Allxon.). This Agreement will apply to all additional Order(s) and all additional features that Customer activate from within Customer’s Allxon account.

 

5.01. (3) Limits.

The limits that apply to Customer will be specified in Customer’s Order, this Agreement, and for our Free Subscriptions, these limits may also be designated only from within the product itself.

Customer must be 18 years of age (or 20 years of age, if you are subject to the laws of Japan) or older to use the Subscription Service.

 

5.01. (4) Downgrades.

Depending on Customer’s Allxon product, Customer may be entitled to downgrade Customer’s subscription. The downgrades to Subscription Service plan will take effect on the next annual or monthly billing date.

 

5.01. (5) Modifications.

Allxon may modify the Subscription Service from time to time, including by adding or deleting features and functions, in an effort to improve Customer’s experience. Allxon has the right to change, suspend, and cease providing the Services provided that Allxon will give Customers fourteen 14 days’ advance notice at least 30 days months ahead, if necessary. Allxon also has the right to modify this Term at any time by posting the changes to the terms and conditions on Allxon’s website. Allxon may also notify Customer by sending Customer an email that either (a) specifies the changes in the email, or (b) links to a website that specifies the changes, and the change(s) will become effective in accordance and in the timeframe described in that email or on the website. Customer are obligated to keep Customer’s email address correct and current by updating it through supporting website and acknowledge that this is the method of communication that Allxon will use for this notification purpose. Failure to keep Customer’s email address correct and current may result in email not reaching Customer, but Customer will still be bound by any changes if Customer continues to use the Services.

 

5.01. (6) Customer Support.

If Customer is on Allxon’s paid Subscription Service Plan, Allxon will designate a dedicated customer success member to support any questions Customers have. Customers can contact dedicated customer member directly. Responses will be provided during support hours.

 

5.01. (7) Prohibited and Unauthorized Use.

Allxon may immediately terminate or suspend all or a portion of Customer’s Account and/or access to the Service if (a) Customer use the Subscription Service in any way that violates the terms of this Agreement (b) or for any purpose or in any manner that is unlawful or prohibited by this Allxon DMS Terms of Service. (c) if Customer is legally prohibited from receiving or using the Subscription Service under the laws of the country in which Customer is resident or from which Customer accesses or uses the Subscription Service.

 

5.01. (8) No Sensitive Information.

CUSTOMER ACKNOWLEDGES THAT THE SUBSCRIPTION SERVICES HAVE NOT BEEN DESIGNED TO PROCESS OR MANAGE SENSITIVE INFORMATION AND ACCORDINGLY CUSTOMER AGREES NOT TO USE THE SUBSCRIPTION SERVICE TO COLLECT, MANAGE OR PROCESS SENSITIVE INFORMATION. ALLXON WILL NOT HAVE AND WE SPECIFICALLY DISCLAIM ANY LIABILITY THAT MAY RESULT FROM CUSTOMER’S USE OF THE SUBSCRIPTION SERVICE TO COLLECT, PROCESS OR MANAGE SENSITIVE INFORMATION.

 

5.01. (9) Free Trial.

If Customer is invited toa free trial by either entering the promotional codes offered by Allxon or a Free Trial being enabled by Allxon directly for Cusotmer, Allxon will make the applicable Subscription Service available to Customer on a trial basis free of charge until the earlier of (a) the end of the free trial period (if not terminated earlier) or (b) the start date of paid subscription. Unless Customer purchases a subscription to the applicable Subscription Service before the end of the free trial, Allxon reserves the right to revoke or restrict access to Customer’s stored Content, delete Customer’s stored Content, or terminate Customer’s Account.

 

5.01. (10) Legacy Products.

If you have a legacy Allxon product, some of the features and limits that apply to that product may be different than those that appear in the Allxon User Manual If you have legacy Allxon products, Allxon may choose to move you to our then-current products at any time.

5.02. Fees

5.02. (1) Subscription Fees.

The Subscription Fee will remain fixed during the initial term of Customer’s subscription unless (i) Customer exceeds Customer’s 10 MB per day of log collection and/or a maximum of 2GB per OTA transfer, or other applicable limits (see the ‘Limits’ section above), (ii) Customer upgrade products or base packages, (iii) Customer subscribe to additional features or products, including additional Contacts, or (iv) otherwise agreed to in Customer’s Order. Allxon may also choose to decrease Customer’s fees upon written notice to you.

 

5.02. (2) Fee Adjustments at Renewal.

Upon renewal, Allxon may increase Customer’s fees up to our then-current list price. If this increase applies to Customer, Allxon will notify Customer at least thirty (30) days in advance of Customer’s renewal and the increased fees will apply at the start of the next renewal term. If Customer do not agree to this increase, either party can choose to terminate Customer’s subscription at the end of Customer’s then-current term which is listed under Customer’s subscription plan on Allxon DMSby giving the notice required in the ‘Notice of Non-Renewal’ section below.

 

5.02. (3) Payment against invoice.

If Customer is paying by invoice, we will invoice you before the beginning of the Subscription Term and each subsequent Billing Period, and other times during the Subscription Term when fees are payable. All amounts invoiced are due and payable within thirty (30) days from the date of the invoice, unless otherwise specified in the Order Form.

 

5.02. (4) Payment Information.

Customer will keep Customer’s contact information, billing information and credit card information (where applicable) up to date. Changes may be made on Customer’s Billing Page within Customer’s Allxon account. All payment obligations are non-cancelable and all amounts paid are non-refundable, except by mutual consent. All fees are due and payable in advance throughout the Subscription Term. If you are a Allxon Solutions Partner that purchases on behalf of a client, you agree to be responsible for the Order Form and to guarantee payment of all fees.

 

5.02. (5) Taxes.

Customer is responsible for any Taxes, and will pay Allxon for the Services without any reduction for Taxes. If Allxon is obligated to collect or pay any Taxes, the Taxes will be invoiced to Customer and Customer will pay such Taxes to Allxon, unless Customer provides Allxon with a timely and valid tax exemption certificate in respect of those Taxes.

Customer will provide Allxon with any applicable tax identification information that Allxon may require under applicable law to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. Customer will be liable to pay (or reimburse Allxon for) any taxes, interest, penalties, or fines arising out of any mis-declaration by Customer.

 

5.03. Term and Termination

5.03. (1) Term and Renewal.

Customer’s initial subscription period will be specified in the Order and will be listed under Customer’s account in Allxon DMS, and, unless otherwise specified in Customer’s Order, Customer’s subscription will automatically renew for the shorter of the subscription period or one year.

5.03. (2) Notice of Non-Renewal.

Unless otherwise specified in Customer’s Order, to prevent renewal of Customer’s subscription, Customer may give written notice of non-renewal to Allxon. The deadline for sending this notice varies depending on the Allxon product and edition you have subscribed to.

If Customer decides not to renew, Customer may send this non-renewal notice to us by indicating that Customer does not want to renew by turning auto-renew off by accessing the billing details information in Customer’s Allxon account, or by following the steps here, as applicable.

5.03. (3) Early Cancellation.

Customer may choose to cancel Customer’s subscription early at Customer’s convenience provided that, Allxon will not provide any refunds of prepaid fees or unused Subscription Fees, and Customer will promptly pay all unpaid fees due through the end of the Subscription Term. See the 'Notice of Non-Renewal' section for information on how to cancel Customer’s subscription.

5.03. (4) Termination for Cause.

Either party may terminate this Agreement for cause, as to any or all Subscription Services: (i) upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors.

Allxon may also terminate this Agreement for cause on thirty (30) days’ notice if Allxon determine that Customer are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.

5.03. (5) Suspension

5.03. (5) A. Suspension for Prohibited Acts

Allxon may suspend any User’s access to any or all Subscription Services without notice for:

(i) use of the Subscription Service in a way that violates applicable local, state, federal, or foreign laws or regulations or the ALLXON DMS TERMS OF SERVICE,

(ii) repeated instances of posting or uploading material that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity.

 

Allxon may, without notice, review and delete any Customer Data or Customer Materials that we determine in good faith violate these terms, provided that, Allxon have no duty (unless applicable laws or regulations provide otherwise) to prescreen, control, monitor or edit your Customer Data or Customer Materials.

 

5.03. (5) B. Suspension for Non-Payment

Allxon will provide Customer with notice of non-payment of any amount due. Unless the full amount has been paid, Allxon may suspend your access to any or all of the Subscription Services ten (10) days after such notice. Allxon will not suspend the Subscription Service while Customer are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If a Subscription Service is suspended for non-payment, Allxon may charge a re-activation fee to reinstate the Subscription Service.

 

5.03. (5) C. Suspension for Present Harm

(i) is being subjected to denial of service attacks or other disruptive activity,

(ii) is being used to engage in denial of service attacks or other disruptive activity,

(iii) is creating a security vulnerability for the Subscription Service or others,

(iv) is consuming excessive bandwidth, or

(v) is causing harm to us or others, then Allxon may, with electronic or telephonic notice to Customer, suspend all or any access to the Subscription Service.

 

Allxon will try to limit the suspension to the affected portion of the Subscription Service and promptly resolve the issues causing the suspension of the Subscription Service. Nothing in this clause limits our right to terminate for cause as outlined above, if Allxon determine that Customer are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.

 

5.03 (5) D. Suspension and Termination of Free Services

Allxon may suspend, limit, or terminate the Free Services for any reason at any time without notice. Allxon may terminate Customer’s subscription to the Free Services due to Customer’s inactivity.

 

5.03 (6) Effect of Termination or Expiration

If your paid subscription is terminated or expires, Allxon will continue to make available to Customer our Free Services provided however, this may not be the case if Customer’s Service was terminated for cause.

Customer will continue to be subject to this ALLXON DMS TERMS OF SERVICE for as long as Customer has access to a Allxon account.

Upon termination or expiration of this Agreement, Customer will stop all use of the Subscription Service and Allxon Content. If Customer terminate this Agreement for cause, Allxon will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination. If Allxon terminate this Agreement for cause, Customer will promptly pay all unpaid fees due through the end of the Subscription Term. Fees are otherwise non-refundable.

 

6. Miscellaneous provisions

6.01. Legitimacy

It is Customer’s sole responsibility to comply with all laws and regulations and shall not infringe the intellectual property rights, including but not limited to copyright and business secret, of any third party when uploading any data, program and software via and using Allxon DMS service. Customer shall not upload data, program, or software comprising computer virus or Malware, if so, Customer shall be liable to all damage caused by the action.

6.02. Disclaimer

Except as expressly provided for in the Agreement, Allxon does not make and expressly disclaims to the fullest extent permitted by applicable law (a) any warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular use, title, non-infringement, or error-free or uninterrupted use of the Services or Software and (b) any representations about content or information accessible through the Services.

 

7. Limitation of Liability

Except where prohibited by law, in no event will Allxon be liable to Customer for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Allxon has been advised of the possibility of such damages.

 

If, notwithstanding the other provisions of these Allxon DMS Terms of Service, Allxon is found to be liable to Customer for any damage or loss which arises out of or is in any way connected with Customer’s use of the services, or the Site, or any Content, Allxon’s liability shall in no event exceed the greater of (1) the total of any purchase or subscription or similar fees with respect to any service or feature of or on the Allxon DMS paid in the three months prior to the date of the initial claim made against Allxon, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to Customer.

 

8. Governing Law and Jurisdiction

Customer agree that all matters relating to Customer’s access to or use of the services or the Site, including all disputes, will be governed by the laws of the Republic of China (R.O.C.) without regard to its conflicts of laws provisions. Customer agree to the personal jurisdiction by and venue in Taipei, Republic of China (R.O.C.), and waive any objection to such jurisdiction or venue.

 

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Last updated: Sept. 10th, 2021

 

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