The User Clause (hereinafter referred to as “This Clause”) aims at explaining the terms and conditions binding Kwang Yang Motor. Co., Ltd. and the Third Parties (hereinafter referred to as “We” or “us”) in providing related products and services (hereinafter referred to as “This Service” or “service”) to the users of This Service (hereinafter referred to as “the Users”) and the Users of This Service. If you elect to use This Service, it shall be deemed your acceptance of This Clause.

We may amend This Clause at any time so as to comply with the applicable laws or upgrade the service quality for users or due to any other reasons. We will notify users on the website of any major update of This Clause without prior notice. We strongly advise you to check for the updated version of This Clause at any time. Should you elect to continue to use our service, it shall be deemed that you have accepted and consented to This Clause after amendment. The time for the last update of This Clause was posted on November 6th, 2018 and the update version of This Clause was posted on May 17th, 2017.

I. Registration of User ID

1. You must provide true, accurate, and complete information at the time of making registration for your User ID with the information on your e-mail in particular. Your e-mail account will be an essential channel for communication such as the authentication of your registration and reply with the password.
2. We reserve the right to delete, revoke or pursue any other appropriate management measures of your User ID if you provide untrue information during registration.
3. We may delete a User ID which has been dormant for 1 year or longer since the last date of login without prior notice.
4. In case a User ID is deleted due to your violation of This Clause, the privacy right clause, or any other applicable provision, your right to This Service will be extinguished and your original User ID cannot be recovered for whatever reasons unless under special circumstances.

II. The Content

1. We hereby grant you the right to use This Service. Such right cannot be assigned and transferred and is exclusive with the sole purpose of using This Service.
2. The service we provide:
   • This Service aims at providing a platform for all Users for creation of works and sharing the models of the smart panels (hereinafter referred to as “the works”), and applies the smart panel in question to the motor vehicles manufactured by Kwang Yang Motor Co., Ltd. (hereinafter referred to as “KYMCO”) through This Service. You may also build up your own group through This Service. Before you use This Service, make sure the type of motor vehicles you wish to link falls within the categories of the aforementioned motor vehicles.
   • You may mark down your preferred works or the creators of works. You may also make use of the marks to use the works of the others and keep abreast of the latest works of the creators at any time. If you do not want your works to be identified, set up differently in This Service.
3. The Service we provide through the linkage to the programs of a third party:
   • We will provide others functions as supports in This Service via your mobile devices or the programs of a third party, including but not limiting to synchronization of time, weather report, information on shops, information on positioning, message record display, maps and navigation
   • Message record display: We will provide a list consisting of several mobile APPS for your choice. You may choose the update news released by different APPs you chose for display on your smart panel. We will just reflect the messages as shown by your mobile devices on your smart panel through This Service. The format of displaying the messages of the APPs at your smart panel will depend on the mode of display of this message in your mobile device. This means that not all the messages shown by your mobile APPs will fully and precisely be displayed on your smart panel.
   • Maps and navigation: This APP is a navigation assistance tool developed by Polstar Technologies, Inc. and noodoe Corporation (hereinafter referred to as Polstar and noodoe). When you accept this policy, you acknowledge and agree to the following:
   • When you use this service for the first time, you can download and use any of the geographic information provided by us for free (hereinafter referred to as “Standard Map”).
   • During the use of this APP, it may generate network traffic charges that will be charged by the telecommunication operators according to their standards.
   • Restrictions on the use of the geographic information: After the first legal download of the geographic information used in this APP, you have the right to legally use and update the application within the authorized period for free. You also have the right to change the map free of charge within 14 days of downloading the Standard Map. ii.iii. Apart from the Standard Map, you can also purchase an additional personal map at extra charge. The additionally purchased personal map does not provide the free chance for changing within the 14-day trial period mentioned above. Polstar and noodoe will endeavor to maintain the compatibility of the APP and the map update. However, when it is impossible to support the compatibility of the old and new versions, please update the system version of the mobile device to meet the minimum requirement of the APP.
   • Positioning accuracy of GPS: Differences in positioning of this APP may be caused by weather, location of use, system version of personal mobile device, hardware device, its location, or other external factors.
   • Some countries or regions may not be able to use offline maps. Please ensure that the network signal is stable when using navigation-related functions.
   • The path, geographical location, and any traffic information presented by this APP are for reference only. Please pay attention and decide the path base on the status of roads and locations.
   • Polstar and noodoe are responsible to the update, maintenance and after sales service of this APP. If you have any questions related to this APP, you can directly contact Polstar and noodoe through their official website, or submit your relevant questions through KYMCO. However, KYMCO has no obligation to help you solve any problems arising from using this APP.
   • Keep the vehicle running while updating the firmware, and make sure that the mobile phone is connected to the meter. Also, do not switch battery while the update is in progress to avoid hazards.
   • For your convenience of using This Service, part of its function will be accomplished by linking to or activating the programs of a third party. For this reason, we strongly advise you to read the privacy right policy, user clauses and other provisions of the programs of third parties with caution in using such type of functions so that you can fully understand the terms and conditions and the risks inherent to the use of the programs of such third party.

III. Management

1. For avoiding the abusive or fraudulent use of This Service, we reserve the right to manage the improperly used User IDs or User IDs registered under phony information, including but not limited to deletion or revocation of the User ID.
2. If you upload for sharing or disseminate works or information of pornographic nature or violence, or any other elements that cause damage to good social customs and order, we have the right to remove such works from the shelf and delete the User ID.
3. If the works you offered for sharing involved an infringement of the intellectual property rights of a third party, we have the right to remove such work from the shelf.
4. We may modify the content, or stop offering the content of This Service in whole or in part without prior notice to the users where we deem necessary.

IV. Important Notice

1. You shall not go beyond the modes specified in This Service or use any other illicit means (including replication, transmission, reprinting, modification, or transmission of any form of virus or malicious program codes) of using This Service.
2. Due to the compatibility between the programs of a third party and the setup or specification of your mobile device, we cannot guarantee the information acquired by every user from This Service is completely correct and can fully use This Service. Issues of system version, specification, network or other external factors may affect individual users and will result in certain degree of variation of the information display in the course of using This Information, and even cannot use This Service at all.
3. The additional consumption of electricity power caused by using This Service may vary with the type of mobile device, using habits, system specification of the users. You are advised to assess the available power capacity of your mobile device when using This Service.
4. The hourly speed as displayed in This Service may vary with the actual speed due to the moment of the sensor in the transmission of data. Such moment falls within the allowable limit as required by law.
5. Refraction of light may occur to the smart panel the extent to which the panel screen display may be blurred for reading under certain circumstances.
6. If the temperature of the smart panel is too high, the display of it may be abnormal and leads to forced shutdown to lower the temperature, but you’re able to ride your scooter normally under the forced shutdown.
7. The types of motor vehicles suitable for This Service may consume significant volume of electricity from the battery cell of the vehicles due to the long time stand-by mode of Bluetooth. You are advised to assess if your vehicles can support the consumption of additional electricity power.

V. Intellectual Property Rights

1. It is your onus to ensure the works shared or created in This Service are under no circumstance be an infringement of the intellectual property right of a third party and that you are fully entitled as the proprietor of such works.
2. You agree that we have the right to replicate, exhibit, modify, transmit, create derivative work and disseminate your works (for public sharing or not), and may remove the works from shelf or prohibit the sharing of works in compulsory action where necessary.
3. Once your works have been disclosed, you agree not to exercise the personality rights, proprietary copyright, or any other forms of intellectual property rights thereof. In other words, you are discrete in disclosing your work for sharing and remove the works from shelf after disclosure. Once your works have been disclosed, it shall be deemed your consent of using, modifying or replicating your work by a third party without compensation. Accordingly, other users may continue to use, modify, and replicate your works after you have removed from the shelf as if they were not being removed from the shelf, and shall continue to use, modify or replicate the works on the same basis.
4. We reserve the property right and other rights over This Service including the intellectual property right and exclusivity over This Service. Unless the law specified otherwise, you cannot unduly use, modify, replicate, print, display, reproduce, disseminate, publish, dissemble for translation, or engage in reverse engineering of This Service in any part.

VI. Your Responsibility

1. This Service allows for the display of any message, but you have to ensure your compliance with applicable traffic rules and regulations and pay utmost attention to traffic safety thereby do not use your cell phone when riding on a motor vehicle. Any damage and consequence as a direct or indirect result of using This Service irrespective of applicable traffic safety rules and regulations in effect will be your own responsibility.
2. You have to assume responsibility of the actions and consequences related to and deriving from using This Service, including but not limited to, erroneous messages from the programs of a third party, possible infringement of the works shared with a third party, improper expression of opinions, invalid program caused by the incompatibility of the mobile device system.
3. If we found out in our judgment that you have violated This Clause in using This Service, we will take decisive and appropriate action which may be beyond the scope of This Clause. However, it does not constitute our obligation to proactively prevent or correct any misfeasance in using This Service.
4. In case of damage to us (direct or indirect damage) caused by your using (directly or indirectly) This Service, we have the right to claim for the damage and the compensation thereof.

VII. Disclaimer

1. Under no circumstance have we guaranteed no flaw of This Service under law or in fact (including security, reliability, accuracy, integrity, validity, applicability for specific purpose, security related defects, errors or program errors, and infringement) implicitly or explicitly stated. It is not our obligation to eliminate such flaw before providing This Service.
2. We disclaims any liability to any damage to the users caused by their using of This Service unless otherwise specified by law.
3. Notwithstanding of the mandatory action on our liability to the damage to the users caused by their using of This Service, the amount of indemnity thereof will be no more than US$3.

VIII. The Collection of Personal Information

1. The collection of personal information:
   • The subject of information collection: KYMCO
   • The purpose of collection: We will collect your personal information for the following purposes, which includes without limitation, marketing, the collection, processing and use of personal information by non-official agencies under law, contractual or non-contractual issues and other legal affairs, consumer and customer management and services, information and data communication services, information and data communication database management, data communication security and management, online shopping and other eCommerce services, auxiliary and supportive service management, advertising or management of commercial behaviors, audiovisual, music and media management, survey, statistics and research and analysis.
   • Types of personal information: we collect your personal information, which include without limitation to, name, e-mail address, telephone number, and the electromagnetic log generated when using This Service.
   • The duration of using personal information: your personal information will be kept intact as long as your User ID remains valid and active. Or, your personal information will still be retained after the deletion of your User ID on condition that the purpose of collection is justifiable or dictated by law or executive orders or necessary for the performance of business.
   • The territory for using personal information: information will be processed and stored through the cloud services provided by Amazon, Google and Heroku .This server may be located in any country of the world. Your continued use of This Service shall constitute your agreement of transmitting your personal information across national boundaries, and the processing and storing of your personal information in any country beyond the country where you provided your information. You may read the privacy right policies of Amazon, Google and Heroku to make sure the transmission or data store meet your personal needs.
   • The users of personal information: the personal information we collected, which include the electromagnetic log generated from your using This Service, will be available to us, the competent authority, affiliates and business partners for internal use.
   • Your right: you may view or provide supplementary information to your personal information by using the mobile APPs associated with This Service. You may also request us to provide the replication of your personal information, or stop collecting, processing and using, or deletion of your personal information. We may turn down your request to the extent of your understanding. You may elect to provide your personal information in whole or in part, but it may hamper your using the function of This Service in whole or in part.
2. We will post the standard of collecting personal information and other information in our privacy rights policy. You may check for the updated version of our privacy rights policy over our official website. If you continue to use This Service, it shall be deemed your acceptance of our privacy rights policy.

IX. Information for contact

Should you have any question or suggestion on This Service or This Clause, you may visit the website or directly contact our technical team , and let us know your suggestion and questions in full detail when you make contact with us.

X. Governing law and legal jurisdiction

This Clause shall be based on Chinese as the standard text and shall be governed by the law of the Republic of China. In the event of dispute deriving from This Service or pertinent to This Service, the parties hereto agree to submit the jurisdiction of the first instance to Kaohsiung District Court of Taiwan for settlement.