Terms of Use for DIGIERA OmiCore

1. Acceptance of These Terms of Use

These Terms of Use govern your use of the DIGIERA OmiCore (the "APP") offered by KOWIN TECHNOLOGY CO., LTD. By downloading, installing, or using the APP, you represent and warrant that you are at least the age of majority in your jurisdiction and have all power, authority, and permissions necessary to enter into and be bound by these Terms of Use. You acknowledge that you have read and understood, and agree to be bound by, these Terms of Use.

2. Changes to These Terms of Use

We reserve the right to modify or update these Terms of Use at any time. Any changes will be effective immediately upon posting the updated Terms of Use on the APP. Your continued use of the APP after such changes constitutes your acceptance of the modified Terms of Use. Therefore, you should periodically review these Terms of Use.

3. Ownership and Intellectual Property Rights

The APP, including its "look and feel" (e.g., text, graphics, images, and logos), proprietary content, information, and other materials contained in the APP, are protected by law, including United States intellectual property, copyright, trademark, and other laws, and international treaties. You acknowledge that KOWIN TECHNOLOGY CO., LTD and/or our licensors own all right, title, and interest in and to the APP (including any and all patent, copyright, trade secret, trademark, and other intellectual property rights therein or related thereto), and you agree not to take any action(s) inconsistent with such ownership interests.

4. Use Restrictions

Except as expressly authorized herein, you may not copy, reproduce, distribute, republish, download, display, post, or transmit any part of the APP in any form or by any means, including electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission. Subject to your compliance with these Terms of Use, we hereby grant you a limited, non-exclusive right to access and use the APP for personal, non-commercial use only, provided that you do not modify, re-sell, or make commercial use of the APP or any materials contained therein. This permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately cease all use of the APP and destroy any materials obtained from the APP.

5. Account Registration and Security

You may be required to register an account to use certain features of the APP (a "User Account"). You are responsible for providing accurate and current account information. You are the sole authorized user of your User Account. You are responsible for maintaining the confidentiality of any password and account number provided by you or us for accessing the APP. You are fully responsible for all activities that occur under your User Account. You agree to immediately notify us of any unauthorized use of your User Account or any other breach of security.

6. Privacy Policy

Your use of the APP is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. We comply with applicable data protection laws, including the GDPR in the EU and CCPA in the US.

7. User Content and License Grant

As a condition of using the APP, by posting, uploading, publishing, submitting, displaying, or transmitting any content or other materials through the APP ("Your Content"), you hereby grant to KOWIN TECHNOLOGY CO., LTD a non-exclusive, irrevocable, royalty-free, worldwide, transferable license to access, use, reproduce, transmit, display, publish, distribute, publicly perform, publicly display, modify, adapt, and create derivative works from Your Content and to incorporate Your Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes. You represent and warrant that you own or otherwise control all of the rights to Your Content, including all copyrights, and that Your Content does not infringe or misappropriate the intellectual property rights of any third party.

8. Prohibited Uses

You agree not to use the APP to:

l Upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

l Harass, abuse, stalk, threaten, defame, infringe, or otherwise violate the rights of any other party.

l Use any means to discover any confidential source code of any portion of the APP.

l Circumvent any functionality that controls access to or otherwise protects the APP.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AND CONSULTANTS (COLLECTIVELY, "THE COMPANY PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE TO HOLD THE COMPANY PARTIES ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE THE COMPANY PARTIES FOR, ANY CLAIMS RELATED TO THE APP.

10. Disclaimer

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.

11. Governing Law and Jurisdiction

These Terms of Use are governed by the laws of the United States. Any disputes arising from these Terms of Use shall be resolved in the courts of the United States. However, if you are accessing the software from the EU, you agree to comply with EU data protection regulations and applicable consumer rights laws.

14. Severability

If any provision of these Terms of Use is held to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

15. Contact Us

If you have any questions, complaints, or comments regarding these Terms of Use or the APP, please contact us at support@digieraglobal.com.

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This document provides a comprehensive framework for users to understand their rights and obligations when using the DIGIERA OmiCore. It is essential to ensure that all users agree to these terms before accessing the APP.