TERMS & CONDITIONS

Gimmatek Corporation, (“Gimmatek”, “we”, or “us”) operates the Unplug mobile application (the “Unplug App”), website (https://www.unplug-app.com/, the “Unplug Website”), social media pages and related services (collectively, the “Service”). By registering, accessing, or using any part of the Service, you are entering into a binding agreement with us. Any additional terms that you agree to (such as Privacy Policy) are also part of these Terms and Conditions (these “Terms”).

The current effective version of these Terms, our Privacy Policy and other terms referred to in this document can be found on the Unplug Website and the Unplug App. PLEASE READ THESE TERMS, OUR PRIVACY POLICY AND ANY OTHER TERMS REFERENCED IN THIS DOCUMENT THOROUGHLY AND CAREFULLY. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, ACCEPT THESE TERMS, AND AGREE TO BE BOUND BY SUCH. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) ANY PART OF THESE TERMS, PLEASE DO NOT USE THE SERVICE.

INTORDUCTION

1.

In order to use the Service, you need to (1) be an adult under your applicable law, or meet the age requirements under your applicable law to independently conclude a contract, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in a country where Service is available. You also warrant that any registration information that you submit to us is true, accurate, and complete, and you agree to keep it that way at all times.

ELIGIBILITY

2.

2.1   Registration

If you want to use certain features of the Service, you must create an Unplug account (an “Account”). You need to do this through certain third-party services, such as Apple or Google (certain “Third-Party Accounts”). When you do so, we will create your Account by extracting certain personal information from your Third-Party Account, such as your email address, and other personal information that your privacy settings on the Third-Party Account permit us to access. By granting us access to any Third-Party Account, you authorize us to access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (“Third-Party Account Content”) depending upon the privacy settings you have set within such Third-Party Account.

Your relationship with the third-party service providers associated with your Third-Party Account is governed solely by your agreements with such third-party service providers. You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or subjecting us to any usage limitations imposed by such third parties.

2.2   Account Security

After your Account is created with a Third-Party Account, you agree to keep your device, the Third-Party Account and password thereof secure and protect against any unauthorized access. Any use of the Service with your Account signed in shall be presumed as conducted by you, for which you shall be responsible. If you suspect any unauthorized use of your account or any other security breach, please inform us immediately.​

2.3   Limitation on Use

You guarantee that the Service will not be used, directly or indirectly, by yourself or any third party, for any illegal, inappropriate or bad faith purposes. You shall be liable for any violation of the preceding sentence, in which case we reserve the right to suspend or terminate your access to the Service, and to make appropriate arrangements (such as removal of your illegal content, and disclosure of information to the judiciary). Such illegal, inappropriate or bad faith uses include but are not limited to the following:

  • To use the Service in any prohibited or unlawful manner or in any other manner that could damage, disable, overburden or impair any part of the Service.

  • To modify, disassemble or reverse-engineer any software that constitutes part of the Service.

  • To sell, rent, sublicense, or lease any part of the Service, including any content (other than User-Generated Content) thereon.

  • To delete any intellectual property mark or statement contained in the Service.

  • To upload, post, transmit, share, store, or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, racist, or otherwise objectionable.

  • To upload, post, transmit, share, store, or otherwise make available any content that is illegal, including that infringes another’s intellectual property, publicity, personality, likeness, or other rights.

  • To upload, post, transmit, share, store, or otherwise make available any private information of any third party, without such third party’s consent.

  • To use the Service in such a way that infringes the rights of a third party (including another user of the Service).

USING THE SERVICE

3.

3.1   Ownership

All intellectual property on the Service, which includes materials protected by copyright, trademark, trade secret, or patent laws, is owned by us or our licensors. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Service, other than user-generated content under Section 4, is a collective work under all applicable copyright laws and is our proprietary property. All rights are reserved. We reserve the rights to all non-user identifiable data collected.

3.2   License Grant

We grant you a worldwide, non-exclusive, non-transferable, and perpetual license to do the following in accordance with these Terms (the “License”):

  • To download, install and use the Unplug App, and any updates to it provided by us from time to time, in object code form for your personal use only on a compatible mobile device owned or controlled by you; and

  • To access and browse the Unplug Website, the associated social media pages and other online content for your personal use only.

You may not transfer, redistribute or sublicense the Unplug App. If you sell your device that contains the Unplug App to a third party, you must remove the Unplug App from the device before doing so.

3.3   Termination of License

If you breach any provision of these Terms, the License shall automatically terminate. Where any of part of the License is terminated, you agree to immediately cease using and accessing the Service, and to delete any copies of the Unplug App held by you.

INTELLECTUAL PROPERTY

4.

You may post, upload, or otherwise contribute content to the Service (which may include, for example, your profile picture, artwork descriptions, texts, and/or other types of content) (the “User-Generated Content”). For the avoidance of doubt, “User-Generated Content” includes any Third-Party Account Content, such content posted in comment to another user’s artwork, and your Feedback to us (as defined under Section 5.2).

You are solely responsible for all User-Generated Content that you post. We are not responsible for User-Generated Content, nor do we endorse any opinion contained in any User-Generated Content. You warrant that, with respect to any User-Generated Content you post on the Service, (1) you own or have the right to post such User-Generated Content, and (2) such User-Generated Content, or its use by use as contemplated by these Terms, does not violate any applicable law, these Terms or any other rights set forth within the “Limitation on Use” section, or imply any affiliation with or endorsement of you or your User-Generated Content by us.

We may, but has no obligation to, monitor, review, or edit User-Generated Content. In all cases, we reserve the right to remove or disable access to any User-Generated Content for any or no reason, including User-Generated Content that, in our sole discretion, violates these Terms. We may take these actions without prior notification to you or any third party. Removal or disabling of access to User-Generated Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User-Generated Content.

USER-GENERATED CONTENT

5.

5.1   Grant of Rights and Access

In consideration for the rights granted to you under these Terms, you grant us the following rights:

  • To allow the Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service.

  • To allow the Unplug App to access to certain sensors on your device so that we could count your steps.

  • To provide advertising and other information to you, and

  • To allow our business partners to do the same.

We encourage you to grant additional access, such as allowing us to send notifications, so that our Service could better help you develop a good habit.

 

Any part of the Service, including any content thereon, may be influenced by commercial considerations, including our agreements with third parties. Some content licensed by, provided to, created by or otherwise made available by the Service may contain advertising. 

5.2   Feedback

If you provide feedback, ideas, or suggestions to us in connection with the Service (the “Feedback”), including any content thereon, you acknowledge that the Feedback is not confidential and you authorize us to use that Feedback without restriction and without payment to you.

5.3   Use of User-Generated Content

You grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, to the maximum duration allowed under the applicable law), irrevocable, fully paid, and worldwide license to use, reproduce, make available to the public (e.g. display), publish, translate, modify, create derivative works from, and distribute any of your User-Generated Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User-Generated Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any moral rights or equivalent rights, such as your right to be identified as the author of any User-Generated Content, including Feedback, and your right to object to derogatory treatment of such User-Generated Content.

RIGHTS YOU GRANT US

6.

The Service requires the collection, processing and/or use of various personal information, such as your email and payment information, and the use of cookies and similar technologies. View our Privacy Policy to learn how we comply with the relevant legal requirements. The Privacy Policy is a part of these Terms, and are of equal legal effect and force to these Terms.

PRIVACY AND PERSONAL INFORMATION PROTECTION

7.

You need to download the Unplug App from an app store or other distribution platform (the “App Distributor”). Your payment will be processed through the App Distributor. Additionally, the Service may include in-app purchases, such as coins, to use with the Unplug App. Payments for in-app purchases will also be processed through the App Distributor from which you originally downloaded the Unplug App. 

 

You may access the applicable purchase rule and policies directly from the App Distributors.

DOWNLOADS AND IN-APP PURCHASES

8.

8.1   No Medical or Other Advice

The Service assists you to get out a sedentary lifestyle and rewards you for being more active. OUR SERVICE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, ANY FORM OF MEDICAL ADVICE OR OPINION. YOUR USE OF THE SERVICE DOES NOT CREATE ANY HEALTHCARE PROVIDER/PATIENT RELATIONSHIP. If you have any questions regarding a medical condition, you should seek the advice of your physician, or any other qualified healthcare professional.

 

NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY ON BEHALF OF US.

8.2   Service Limitations and Modifications

Any information, content, software or function of the Service is provided “as is”. We do not guarantee the stability, functionality, or availability of the Service or any content thereon, including but not limited to:

  • Uninterrupted connection to the Service or access to any content thereon;

  • That the Unplug Website or the Unplug App is free from any harmful component, damage, interruption or security incident;

  • Immediate rectification of any error, or 

  • Provision of any function or feature per your request.

We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the Service or any part thereof, or need to repair, maintain or improve the Service, or legal and regulatory reasons.

8.3   Third-Party Services

The Service may integrate or otherwise interact with third-party applications, websites, services, contents or devices (the “Third-Party Services”). You understand that your relationship with such Third-Party Services may be governed by separate agreements with such third parties. YOU UNDERSTAND AND AGREE THAT WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY SERVICES, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY ADVERTISING. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. TRANSACTION, NOR ARE WE LIABLE FOR SUCH THIRD-PARTY TRANSACTION. IN ADDITION, WE DO NOT GUARANTEE THE COMPATIBILITY OR SUSTAINED COMPATIBILITY OF ANY THIRD-PARTY SERVICES.

DISCLAIMER

9.

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL THE UNPLUG APP AND TO STOP USING THE SERVICE. IN ADDITION, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO US, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD-PARTY SERVICES, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD-PARTY SERVICES.

 

IN NO EVENT WILL US, OUR OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

  • ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES) WHICH IS NOT FORESEEABLE; 

  • ANY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE;

  • ANY LOSS OF USE; LOSS OF DATA; LOSS OF BUSINESS; LOSS OF PROFITS; OR DAMAGE TO DEVICES, TO THE EXTENT YOU COULD HAVE AVOIDED SUCH DAMAGE BY FOLLOWING OUR ADVICE TO APPLY UPDATES TO THE SERVICE OR CONTENT OR IF SUCH DAMAGE IS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US;

  • AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THIRD-PARTY SERVICES MORE THAN THE AMOUNTS PAID BY YOU; OR

  • NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THESE TERMS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND OUR REASONABLE CONTROL.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.

LIMITATION OF LIABILITY

10.

These Terms will continue to apply to you until terminated by either you or us. However, you acknowledge and agree that the perpetual license granted by you in relation to User-Generated Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of these Terms for any reason.

You may terminate these Terms at any time by deleting your Account. You can delete your Account with the “Delete Account” feature of the Unplug App. For more information on how to delete your Account, please contact us through the Unplug App, the Unplug Website, or by contacting us with the details listed in Section 18 below.

We may terminate these Terms or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorized use of the Service, non-compliance with these Terms, or if we withdraw the Service (in which case we shall provide you reasonable notice in advance of doing so).

If you or us terminate these Terms, or if we suspend your access to the Service, you agree that we shall have no liability or responsibility to you, and we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.

Sections 2, 3, 4, 5, 8, 9, 11, 12, 15, 16, and 17 herein, as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms, shall survive termination.

TERM & TERMINATION

11.

YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS), WHETHER CLAIMED BY A THIRD PARTY OR DIRECTLY BY US, ARISING OUT OF OR RELATED TO: (1) YOUR BREACH OF THESE TERMS OR ANY PROVISION THEREOF; (2) ANY USER-GENERATED CONTENT YOU POST OR OTHERWISE CONTRIBUTE; (3) ANY ACTIVITY IN WHICH YOU ENGAGE ON OR THROUGH THE SERVICE; AND (4) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

INDEMNIFICATION

12.

If you have downloaded the Unplug App from any App Distributor where the Unplug App is made available (such as the Apple App Store or Google Play), or if you are using the Unplug App on an iOS or Android device, you acknowledge that you have read, understood, and agree to the following notice regarding the App Distributor:

  • These Terms are between you and us only, not with the App Distributor, and the App Distributor is not responsible for the Service and the content thereof. 
     

  • The App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. 
     

  • In the event of any failure of the Service to conform to any applicable warranty, then you may notify the App Distributor and the App Distributor may refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, the App Distributor has no other warranty obligation whatsoever with respect to the Service. 
     

  • The App Distributor is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including product liability claims; any claim that the Service fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation. 
     

  • The App Distributor is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Unplug App infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Service.
     

  • The App Distributor, and any subsidiary thereof, are third party beneficiaries of this Agreement, and upon your acceptance of these Terms, the App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. 
     

  • You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Unplug App, nor any technical data related thereto, nor any direct product thereof is exported or re-exported directly or indirectly in violation of or used for any purposes prohibited by such laws and regulations. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

THIRD PARTY RIGHTS

13.

We may change these Terms from time to time for valid reasons, such as for adapting to any change to the Service, or for legal or regulatory reasons. When we make material changes to these Terms, we will provide you with notice as appropriate under the circumstances. In some cases, we will notify you in advance. Your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the updated version of these Terms, you may delete your account. When you do so, we will handle your personal information in accordance with our Privacy Policy.

CHANGES TO THESE TERMS

14.

Our notices to you in relation to the Service will be made through email notification, in-app notification, website announcement, or other appropriate manners. Please pay close attention to such notices.

NOTICES

15.

All of our rights and obligations in relation to the Service are assignable in connection with a merger, acquisition, division or otherwise. We will notify you of such assignment in an appropriate manner. If you decide against further use of the Service, you may delete your account.

ASSIGNMENT

16.

Unless as otherwise stated in these Terms, should any provision contained herein be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by us or any third-party beneficiary to enforce these Terms or any provision thereof shall not constitute a waiver by us or the applicable third-party beneficiary of such right to do so.

All captions and headings contained herein, if any, are for convenience only and are not to be construed as part of this Agreement. Words imparting the singular number shall include the plural and vice versa. Each reference to “writing” and variations thereof shall include a reference to any communication effected by electronic or facsimile transmission or similar means. Each reference to “include”, “such as”, and variations thereof, will be deemed to be followed by the words “without limitation”.

SEVERABILITY, WAIVER AND INTERPRETATION

17.

17.1  Applicable Law

Unless otherwise required by a mandatory law of your jurisdiction, the validity, interpretation, construction and performance of these Terms shall be governed, construed and interpreted in accordance with the laws of Taiwan, without giving effect to principles of conflicts of law. If an applicable law of your jurisdiction prevents the application of the Taiwanese law under certain circumstances, other laws may apply, such as the law of your jurisdiction.

17.2  Arbitration Clause

You and We agree that all disputes in connection with these Terms (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be exclusively submitted to Chinese Arbitration Association, Taipei under the Chinese Arbitration Association, Taipei Arbitration Rules. The seat of arbitration shall be Taipei. The language to be used in the arbitral proceedings shall be Chinese.

Notwithstanding the preceding paragraph, you and we agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a small claims court, (2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.

17.3  Enforceability

If any part of Section 17.2 is found to be invalid or unenforceable, then the entirety of Section 17.2 shall be null and void and, in such case, you and we agree to the exclusive jurisdiction of Taiwan Hsinchu District Court over any action arising out of or related to these Terms.

This Section 17.3 applies to the fullest extent permitted by applicable law. You may be able to file certain disputes in your local court, if the applicable law in your jurisdiction prevents those disputes from being resolved in the court chosen above.

APPLICABLE LAW, JURISDICTION

18.

CONTACT INFORMATION   
If you have any questions about these Terms or the Service, please contact us at: 
Gimmatek Corporation
unplug.service@gimmatek.com

13F.-8, No. 118, Ciyun Rd.
East Dist.
Hsinchu City 
Taiwan (R.O.C.)

CONTACT INFORMATION

Last updated: May 6th, 2021