This document constitutes a legally binding agreement between the you, the user (“you, “your” or “User”) and OAO Limited, a private limited company with its registered office at Unit C, 4/F, China Insurance Bldg., 48 Cameron Road, Tsim Sha Tsui, Kowloon, H.K. and with business registration number 74092481 duly incorporated under the laws of Hong Kong ("Company", “OAO”, "we", "us", or "our")
These Terms contain the complete terms and conditions that govern the us of the GIMII services which includes the GIMII Web application, GIMII Cloud services, GIMII Scan application (including iOS, iPadOS, macOS and visionOS) and other software, features or content provided by us (including, without limitation, 3D model, GIMII Beta, GIMII Pro and GIMII Enterprise) and any other product or services that links to these Terms, as well as all functionality that GIMII makes available (collectively, “GIMII Services”). Certain features of the GIMII Services may be subject to additional guidelines, terms, conditions or rules, which will be posted on the GIMII Services or otherwise made available to you in connection with such features. All such applicable additional terms, guidelines, conditions and rules are incorporated by reference into these Terms.
BY INSTALLING, ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE GIMII SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE GIMII SERVICES.
The GIMII Services, encompassing the GIMII Web application, GIMII Cloud services, GIMII Scan application, and other provided software, features, or content, are structured to support both educational/research/non-commercial purposes (GIMII Beta and GIMII Pro) and commercial uses (GIMII Enterprise). It is essential for users to employ these services in accordance with their intended purposes as outlined below.
2.1 You acknowledge that the Software is provided to you on a beta version basis for the purpose of testing and providing feedback to the Company. The Software may contain bugs, errors, and other problems that could cause system failures and data loss. The Company disclaims any warranty or liability obligations to you of any kind.
2.2 Your participation in the testing of the Software is voluntary and does not entitle you to any compensation or reimbursement of expenses from the Company.
3. You acknowledge and agree that the use of the Software may present the possibility of physical or financial injury. You assume all risks associated with the use of the Software, including, but not limited to, the risk of data loss, software incompatibilities, and the risk of unauthorized access to your devices and data.
4.1 You agree to provide timely feedback regarding your use of the Software, including reporting any and all bugs, errors, and other issues.
4.2 You acknowledge that any information provided by the Company regarding the Software, including its features and functionality, is confidential and proprietary to the Company. You agree not to disclose such information to any third party without the express written consent of the Company.
5.1 You retain copyright and any other rights you already hold in content you submit, post, or display through or on the GIMII Services. By submitting, posting, or displaying content, you grant OAO a worldwide, royalty-free, non-exclusive license to reproduce, adapt, modify, publish, and distribute such content for the purpose of operating, promoting, and improving the GIMII Services.
6.1 The Software is provided "as is" and without any warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
7.1 In no event will the Company be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the Software, even if advised of the possibility of such damage.
8.1 You agree to use the Software in compliance with all applicable laws, regulations, and ordinances.
9.1 You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this agreement or any activity related to the use of the Software (including negligent or wrongful conduct) by you or any other person accessing the Software using your account.
10.1 The Company may, at its sole discretion, terminate your access to the Software at any time without notice. In the event of termination, you must immediately destroy all copies of the Software in your possession.
11.1 Worldwide Accessibility: The GIMII Services are accessible to users worldwide. The Company endeavors to provide a universally compatible service; however, content and specific functionalities may vary by region due to legal, technical, or other constraints.
11.2 Governing Law This Agreement and any disputes arising out of or related to the GIMII Services shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of law provisions. This choice of law does not deprive you of the consumer protection rights you may be entitled to under the laws of your country of residence.
11.3 Jurisdiction: Any legal claims or disputes between you and the Company related to this Agreement or the GIMII Services shall be subject to the exclusive jurisdiction of the courts located in Hong Kong. This stipulation does not prevent you from bringing claims in the courts of your country of residence or seeking injunctive relief in any jurisdiction.
11.4 Compliance with Local Laws: You agree to use the GIMII Services in compliance with all local laws and regulations applicable to your use of the Services. It is your responsibility to ensure that your use of the GIMII Services is lawful in your jurisdiction.
12.1 This agreement constitutes the entire agreement between you and the Company with respect to the Software and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Software.
13.1 OAO reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.
To access and use certain GIMII Services, you may be required to purchase a subscription (a "Paid Subscription") or may be offered a trial period. The subscription fee for the GIMII Services will be charged on a recurring basis, either monthly or annually, as specified at the time of your subscription. The specific billing cycle will be communicated to you when you sign up for the service.
You can pay for your Paid Subscription through various payment methods, including credit card, debit card, or other online payment methods. By submitting your payment information, you authorize us to charge the applicable subscription fee at the current rate, plus any applicable taxes.
We reserve the right to adjust the pricing for our services or any components thereof in any manner and at any time as we may determine in our sole discretion. Any price changes will take effect following email notice to you.
Unless you cancel your Paid Subscription before the end of the current subscription period, your subscription will automatically renew under the exact same conditions unless you are notified otherwise. You may cancel your subscription at any time through your account management page.
You may cancel your Paid Subscription at any time. However, there are no refunds for partially used subscription periods, except as required by law or as explicitly stated during the purchase process.
We may offer trial subscriptions to our services for a limited period without payment or at a reduced rate ("Trial Period"). Unless otherwise stated, upon the expiry of the Trial Period, the standard subscription rate will apply.
If any subscription fees or other charges are not paid on time, we may suspend or terminate your access to the GIMII Services. Accounts not paid by the due date may result in late fees or interest charges.
Your total price will include the price of the subscription plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you purchase the service.
You are responsible for updating your payment methods and account information. If we cannot bill your chosen payment method, we reserve the right to suspend or terminate your subscription.
You agree to comply with all applicable laws and regulations in your use of the GIMII Services, including but not limited to laws related to taxation.
If you have any questions about this agreement, please contact us at info@oaohk.com.