Terms and Conditions
Last updated: August 19,
2024
These
Terms and Conditions ("Terms", "Terms and Conditions")
govern your relationship with Daily mobile application (the
"Service") operated by Seekrtech Co. Ltd. ("us",
"we", or "our").
Please
read these Terms and Conditions carefully before using our Daily mobile
application (the "Service"). Your access to and use of the Service is
conditioned on your acceptance of and compliance with these Terms. These Terms
apply to all visitors, users and others who access or use the Service.
By
accessing or using the Service, you agree to be bound by these Terms. If you
disagree with any part of the terms then you may not access the Service.
The
Service is available on mobile devices. Do not use the Service in a way that
distracts you and prevents you from obeying traffic or safety laws.
Purchases
If
you wish to subscribe to the Service or purchase any product or service made
available through the Service ("Purchase"), you may be asked to
supply certain information relevant to your Purchase including, without
limitation, your credit card number,
the expiration date of your credit card, your billing address, and your
shipping information.
You
represent and warrant that: (i) you have the legal
right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the
information you supply to us is true, correct and complete.
By
submitting such information, you grant us the right to provide the information
to third parties for purposes of facilitating the completion of Purchases.
We
reserve the right to refuse or cancel your order at any time for certain
reasons including but not limited to: product or service availability, errors
in the description or price of the product or service, error in your order or other reasons.
We
reserve the right to refuse or cancel your order if fraud or an unauthorized or
illegal transaction are suspected.
Software in our Service
When
a Service requires or includes downloadable software, Seekrtech gives you a
personal, worldwide, royalty-free,
non-assignable and non-exclusive license to use the software provided to you by
Seekrtech as part of the Service.
This license is for the sole purpose of enabling you to use and enjoy the
benefit of the Service as provided by
Seekrtech in the manner permitted by these terms. You may not copy, modify, distribute, sell or lease any part of our
Service or included software, nor may you reverse engineer or attempt to
extract the source code of that software, unless laws prohibit those
restrictions or you have our written permission.
Availability, Errors
and Inaccuracies
We
are constantly updating our offerings of products and services on the Service.
The products or services available on our Service may be mispriced, described
inaccurately, or unavailable. We may also experience delays in updating
information on the Service and in our advertising on other web sites.
We cannot
and do not guarantee the accuracy or completeness of any information, including
prices, product images,
specifications, availability, and services. We reserve the right to change or
update information and to correct errors, inaccuracies, or omissions at any
time without prior notice.
Suspension or Interruption of Services
If it becomes necessary to suspend or interrupt all or part of the service due
to the migration, replacement, or maintenance of our related system equipment,
we will perform such actions during times when the number of users is
relatively low. We acknowledge that the suspension or interruption of the
service during maintenance may cause inconvenience to you.
We
may suspend or interrupt all or part of the service to users under the
following circumstances, and we shall not be liable for any compensation to the
members:
·
When performing migration, replacement, or
maintenance of the system equipment related to the service.
·
When the service is stopped or interrupted
due to reasons not attributable to us.
·
When circumstances beyond our control cause
service information to be displayed incorrectly, or to be forged, tampered
with, deleted, or extracted, or when the system is interrupted or cannot
operate normally.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or
other promotions (collectively, "Promotions") made available through
the Service may be governed by rules that are separate from these Terms. If you
participate in any Promotions, please
review the applicable rules as well as our Privacy Policy. If the rules for a
Promotion conflict with these Terms, the Promotion rules will apply.
Content
Our
Service allows you to post, link, store, share and otherwise make available
certain information, text, graphics, videos, or other material
("Content"). You are responsible for the Content that you post to the Service, including its legality,
reliability, and appropriateness.
By
posting Content to the Service, you grant us the right and license to use,
modify, publicly perform, publicly
display, reproduce, and distribute such Content on and through the Service. You
retain any and all of your rights to any Content you submit, post or display on
or through the Service and you are responsible for protecting those rights. You agree that this license includes
the right for us to make your Content available to other users of the Service,
who may also use your Content subject to these Terms.
When
using our service, you understand that the content you input will be collected
and stored by us. You agree that the content you input may be used by us to
train AI models or to optimize our services. If the content you input contains
sensitive information or personal data, you will de-identify or anonymize it
before inputting it.
You
represent and warrant that: (i) the Content is yours
(you own it) or you have the right to use it and grant us the rights and
license as provided in these Terms, and (ii) the posting of your Content on or
through the Service does not violate
the privacy rights, publicity rights, copyrights, contract rights or any other
rights of any person.
If
you submit feedback or suggestions about our Service, we may use your feedback
or suggestions without obligation to you.
If
you wish to delete the content you have input into the service, please
immediately notify our contact at: [email protected], and we will
promptly delete the relevant information for you.
Accounts
You may need an account in order
to use our Service. Upon creating an account and subscribing to this service,
unless you cancel the subscription before the billing date, it is considered an
authorization for us to charge the next subscription period's fees according to
the payment method you have selected.
When
you create an account with us, you must provide us information that is
accurate, complete, and current at all times. Failure to do so constitutes a
breach of the Terms, which may result in immediate termination of your account
on our Service.
You
are responsible for safeguarding the password that you use to access the
Service and for any activities or actions under your password, whether your
password is with our Service or a third-party service.
You
agree not to disclose your password to any third party. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use
of your account.
You
may not use as a username the name of another person or entity or that is not
lawfully available for use, a name or trade mark that is subject to any rights
of another person or entity other than you without
appropriate authorization, or a name
that is otherwise offensive, vulgar or obscene.
Copyright Policy
We
respect the intellectual property rights of others. It is our policy to respond
to any claim that Content posted on
the Service infringes the copyright or other intellectual property infringement
("Infringement") of any person.
If
you are a copyright owner, or authorized on behalf of one, and you believe that
the copyrighted work has been copied in a way that constitutes copyright
infringement that is taking place through the Service, you must submit your notice in writing to the
attention of "Copyright Infringement" of [email protected] and
include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content
is infringing the copyright or other rights of a third party.
Intellectual Property
The Service and its original content
(excluding Content provided by users), features and functionality are and will
remain the exclusive property of Seekrtech Co. Ltd. and its licensors. The
Service is protected by
copyright, trademark, and other laws of both the Taiwan and foreign countries. Our trademarks and trade dress
may not be used in connection with any product or service without the prior
written consent of Seekrtech
Co. Ltd.
Links To Other Web Sites
Our Service may contain links to
third-party web sites or services that are not owned or controlled by Seekrtech
Co. Ltd.
Seekrtech Co. Ltd. has no control
over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites
or services. You further acknowledge and agree that Seekrtech Co. Ltd. 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
use of or reliance on any such content, goods or services available on or
through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services
that you visit.
Explanation of AI Usage
You understand that our service utilizes AI technologies, including large language
model generative AI, which have characteristics that may produce outcomes
beyond our control, such as hallucinations, fabrications, and erroneous
outputs.
We
will clearly indicate when a service is provided using generative AI at the
beginning of your use of the service, ensuring you are aware that the service
is based on generative AI. You understand and agree that you will further
verify the results produced by such services or seek assistance from
professionals, and you will not claim any rights against us due to inaccuracies
in our service.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including
without
limitation
if you
breach
the
Terms.
Upon termination, your right to use
the Service will immediately cease.
You
may terminate your subscription to the Service at any time. Your account will
be closed at the end of the current billing cycle, and you can continue to use
the Service until the end of that billing cycle. To the extent permitted by
applicable law, we will not refund any subscription fees that you have already
paid.
Limitation
Of Liability
In no event shall Seekrtech Co. Ltd.,
nor its directors, employees, partners, agents, suppliers, or affiliates, be liable
for any indirect, incidental, special, consequential or punitive damages,
including without limitation, loss
of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability
to access or use the Service; (ii) any conduct or content of any third party on
the Service; (iii) any
content obtained from the
Service,
including AI-generated content; and (iv) unauthorized
access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
To the extent permitted by law, the total liability of Seekrtech and its suppliers and distributors for any claims under
these terms, including for any implied warranties, is limited to the amount
that you paid us to use the Service (or,
if we choose, to supplying you with the Service again).
We recognize that in some countries,
you might have legal rights as a consumer. If you are using the Service for a
personal purpose, then nothing in these terms or any
additional terms limits any consumers’ legal rights which
may not be waived by contract.
In no event shall Seekrtech
Co. Ltd., nor its directors, employees, partners, agents, suppliers, or
affiliates, be liable for any indirect, incidental, special, consequential, or
punitive damages, including without limitation, loss of profits, data, use,
goodwill, or other intangible losses, resulting from (i)
your access to or use of or inability to access or use the Service; (ii) any
conduct or content of any third party on the Service; (iii) any content
obtained from the Service, including AI-generated content; and (iv)
unauthorized access, use, or alteration of your transmissions or content,
whether based on warranty, contract, tort (including negligence) or any other
legal theory, whether or not we have been informed of the possibility of such
damage.
Disclaimer
Your use of the Service is at your
sole risk. The Service is provided on an "AS IS" and
"AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of
performance.
Seekrtech Co. Ltd. its subsidiaries,
affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time
or
location; b) any errors or defects
will
be corrected;
c) the Service is free of viruses or
other harmful components; or d) the results of using the Service will meet your
requirements.
Governing
Law
These Terms shall be governed and construed in accordance with the laws of Taiwan, without regard to its conflict
of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to
be
invalid or unenforceable
by
a court, the
remaining
provisions of
these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole
discretion, to modify or replace these Terms at any time. The revised Terms will take
effect upon being posted on our service website, and no individual notice to
users will be provided. By continuing to use our services and software after
such modifications or changes to these Terms, you and your guardian or legal
representative are deemed to have read, understood, and agreed to comply with
the modified or changed Terms.
If a revision is material, we will try to provide at
least 30 days’ notice via
email or in-app notification prior to any new terms
taking effect. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. What constitutes
a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the
revised terms. If you do not agree to the new terms, please terminate
your subscription to the Service.
If there is any inconsistency between
these terms and the any
additional terms, the additional terms will prevail to the extent of the inconsistency.
Contact
Us
If you have any questions about these Terms, please contact us.