Legal

QNAP License Service Terms of Service

Revised on July 1st, 2023

 

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using QNAP License Service (the "Service") operated by QNAP Systems, Inc. ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms, and is subject to the QNAP Cloud Terms of Service and Privacy Policy. These Terms apply to 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. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms (in which event, "You" and "Your" will refer to that organization). If your organization has a separate contract in effect with us, the Terms of that contract will govern your use of the Service.

Introduction

The Service offers You to purchase, license, and download software (advanced features of QNAP products, add-on applications on QNAP products, applications interacting with QNAP products), cloud services (including communication, connection, computing, and storage), and digital contents (including streaming and downloaded contents), collectively named as “License Products”. Your use of the License Products is also subject to these Terms.

The availability of the Service and License Products will vary between countries and not all License Products may be available in your country. Some of License Products may be offered by QNAP while others may be made available by third-parties not affiliated with QNAP. In order to use License Products you may be required to make payments. However, The Service may also allow you to download and use License Products free of charge.

QNAP Account

Using our Service and accessing your License Products may require an QNAP Account. Your QNAP Account is valuable, and you are responsible for maintaining its confidentiality and security. QNAP is not responsible for any losses arising from the unauthorized use of your QNAP Account. Please contact QNAP if you suspect that your QNAP Account has been compromised.

If QNAP disables access to your QNAP Account in accordance with the Terms (for example if You violate the Terms), or if you decides to delete or disable your QNAP Account, you may be prevented from accessing the Service and License Products owned by your account.

Information about You

In order to use the Service, you may be required to provide information about yourself such as your name, address, and billing details. Any such information You provide must always be accurate, correct, and up to date. The information is subject to QNAP Cloud Privacy Policy. However, QNAP may need to provide your personal information (such as your name and email address), and device information (such as model name and serial number) to the provider of your License Products for the necessary purposes of processing your transactions and/or provisioning License Products to you. QNAP has agreed with the providers that they will use this information in accordance with their privacy policies.

Purchases and Payments

Pricing

Pricing and availability of all License Products displayed through the Service are subject to change at any time before you click the button indicating that you want to purchase License Products.

Transaction

Through the Checkout process of the Service, you will be provided with an opportunity to make a Purchase at a price and in a currency selected by you. Please note that the Purchase price total is exclusive of any surcharges that may be imposed by the issuing bank of any credit card you use for the Purchase.

Payment Processing

QNAP may make available to you various payment processing methods to facilitate the purchase of License Products. You must abide by any relevant terms and conditions or other legal agreement that governs your use of a given payment processing method. QNAP may add or remove payment processing methods at its sole discretion and without notice to you. Once your purchase is complete, QNAP or QNAP’s payment processor may charge your credit card or other form of payment that you indicate for any License Products ordered, along with any additional applicable amounts (including any taxes). You are solely responsible for all amounts payable associated with purchases you make on the Service.

Taxes

You are responsible for any Taxes, and must pay for License Products without any reduction for Taxes. If the provider of your License Products is obligated to collect or pay Taxes, the Taxes will be charged to you. "Taxes" means any duties, customs fees, or taxes (other than income tax) associated with the sale of License Products, including any related penalties or interest.

Refund

License Products sold by the Service are sold as is without any guarantee or warranty. There will be no refunds for any reason if the product meets the defined specification. If the product does not work as intended, you may request to refund fees within fourteen (14) days of the purchase date. Before You request to refund, You agree that You have to uninstall or delete the relevant License Products. After a refund for any reason is made effective, You will no longer have the right to access the relevant License Products.

From time to time, QNAP may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles QNAP to a corresponding counterclaim. If QNAP provides you a refund, the refund of your purchase price shall be your sole remedy. If QNAP issues a refund or credit, it is under no obligation to issue the same or similar refund in the future.

Your Use

Use Requirements

To use the Service and License Products, You may need a device that meets the system and compatibility requirements, which may change from time to time, working Internet access, and compatible software. Your ability to use the License Products and the performance of the License Products may be affected by these factors. You are responsible for provisioning the system requirements.

Third-Party Fees

You may incur access or data fees from third parties (such as your Internet provider or mobile carrier) in connection with your use and viewing of License Products. You are responsible for all such fees.

Updates

You may need to install software updates to QNAP products to use the Service and License Products. QNAP products and License Products may communicate with QNAP Cloud servers from time to time to check for available updates to the License Products. You agree to receive such automatically requested updates.

License Control

In order for QNAP to enforce the license control of License Products, QNAP products and License Products may communicate with QNAP Cloud servers from time to time to check the Your valid use and installation of License Products. You agree to such automatically check.

Links To Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by QNAP. QNAP has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that QNAP 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 websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Rights and Restrictions

Rights to Use

License Products made available through the Service are licensed, not sold, to you. You will have the non-exclusive right, for the period selected by you in the case of a purchase or free trial for a rental period, and in other cases for as long as the provider have rights to provide you that License Products, to download, use or stream, in each case, solely as expressly permitted by QNAP and subject to the restrictions set out in the Terms and associated policies, copies of the applicable License Products to your devices, and to view, use, and display the License Products on your devices or as otherwise authorized by QNAP as part of the Service for your personal, non-commercial use only. All rights, title and interest in the Service and License Products not expressly granted to You in the Terms are reserved by QNAP and its licensors.

Transfers and Assignments

You may not transfer or assign your rights of the License Products to any other person in any manner (by assignment, operation of law or otherwise) unless you have obtained written consent from QNAP. If you attempt to transfer or assign any of your rights without QNAP’s consent, the transfer or assignment will be ineffective, null, and void (and you will be in material breach of this agreement).

Security Features

You may not attempt to, nor assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as license control, digital rights management software, or encryption, that protect, obfuscate or otherwise restrict access to any License Products. If you violate any security feature, you may incur civil or criminal liability.

Defective License Products

Once License Product is available to You, You should check the License Product as soon as reasonably possible to ensure that it functions and performs as stated, and notify us as soon as reasonably possible if you find any errors or defect. You should contact the provider of the License Product. QNAP is not responsible for any License Products made available through the Service not offered by QNAP.

Dangerous Activities

None of the Service or License Products are intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the Service or License Products could lead to death, personal injury, or severe physical or environmental damage.

No Warranty

You expressly acknowledge and agree that use of License Products is at your sole risk. The License Products are provided “as is” and “as available,”, with all faults and without warranty of any kind. QNAP disclaims all warranties and conditions with respect to License Products not offered by QNAP and the associated services, either explicit, implied, statutory, including, but not limited to, the implied warranties and/or particular purpose, of accuracy, of quiet enjoyment, and of non-infringement of third-party rights. No oral or written information or advice given by QNAP or its authorized representative shall create a warranty for the License Products not offered by QNAP.

Limitation of Liability

To the extent not prohibited by law, in no event shall QNAP be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your us of or inability to use Licensed Products, however caused, regardless of the theory of liability and even if QNAP has been advised of the possibility of such damages.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. You may be prevented from accessing the Service and your License Products. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability..

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.  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 stop using the Service.

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.

Contact Us

If you have any questions about these Terms, please contact us via QNAP Helpdesk website: https://helpdesk.qnap.com.