DefinitionsThe following words and terms are defined as follows:
- "Content" refers to text, software, programs, source code, images, and others.
- "Service Content" refers to the Service.
- "Individual Terms" refer to written terms, guidelines, policies, or documents published by Lan Yan Technology that are related to the Service and separate from these Terms and Conditions.
Agreement to these Terms and Use
- All Users shall use the Services in accordance with these Terms and Uses. Users may not use the Services unless they agree to these Terms and Conditions.
- If Users will be using the Services on behalf of, or for the purposes of, a business enterprise, then such business enterprise must also agree to these Terms and Use prior to using the Services.
- Users who are minors may only use the Services by obtaining prior consent from their parents or legal guardians.
- Once the User starts using the Services, it will be deemed that the User has validly and irrevocably agreed to these Terms and Use.
- If there are Separate Terms and Use applicable to the Services, Users shall also comply with such Separate Terms and Use as well as these Terms and Use in using the Services.
If the Services account is activated by the user's employer or related personnel, the employer or related personnel will bear the relevant responsibilities. By agreeing to these Terms and Conditions, the user also grants authorization to the employer or related personnel to use the Services on their behalf.
Modification to these Terms and Use
Lan Yan Technology reserves the right to make changes to Terms and Use and any Separate Terms and Use without prior notice to the users, whenever deemed necessary. The updated Terms and Use and Separate Terms and Conditions will take effect from the time they are published on Lan Yan Technology' official website. If users continue to use the Services after the changes to these Terms and Use and Separate Terms and Conditions have been made, it will be considered as their valid and irrevocable agreement to the updated Terms and Use and the applicable Separate Terms and Use. Lan Yan Technology will not individually notify users of the changes, users are advised to refer to the latest version of these Terms and Use and the applicable Separate Terms and Conditions whenever they use the Services.
- When using the Services, Users may need to set up an account by registering certain information. Users must register true, accurate and complete information, and must revise the same to keep such information up-to-date at all times.
- When using the Services, if the User has a registered password, they are responsible for ensuring its secure keeping to prevent any unauthorized use. Any actions performed using that password will be deemed as the responsibility of the User or the person in charge of the associated company.
- Any User who has registered for the Services may delete such User’s account and cancel the Services at any time.
- Lan Yan Technology believes that a user has violated these Terms and Use or there is a risk of violation, Lan Yan Technology may suspend or delete the account without prior notice to the user.
- Lan Yan Technology reserves the right to delete any account that has been inactive for a period of three months or more since its last activation, without any prior notice to the applicable User.
- Any and all rights of a User to use the Service shall cease to exist when such User’s account has been deleted for any reason. Please take note that an account cannot be retrieved even if a User has accidentally deleted their account.
- Each account in the Services is intended for exclusive use and belongs solely to the User and the company associated with that account. Users and their companies are not permitted to transfer, lease, or otherwise transfer their rights to use the Service to any third party. Similarly, these rights may not be inherited or succeeded to by any third party.
- Lan Yan Technology places top priority on the privacy of its Users.
- Lan Yan Technology promises to exercise the utmost care and attention to its security measures to ensure the safe management of any and all information collected from Users.
Provision of the Service
- Users shall supply PCs, mobile phone devices, smartphones and other communication devices, operating systems, communication methods and electricity, etc. necessary for using the Services at their own responsibility and expense.
- Lan Yan Technology reserves the right to limit access to all or part of the Services by Users depending upon conditions that Lan Yan Technology considers necessary, such as the age and identification of User, current registration status, and the like.
- Lan Yan Technology reserves the right to modify, at Lan Yan Technology's discretion, all or part of the Services as Lan Yan Technology determines necessary anytime without any prior notice to Users.
No Emergency Call Functions
The Services cannot be depended upon for emergency calls, such as those made to law enforcement agencies, maritime safety authorities, fire brigade or other emergency services.
Apple App Store Developer’s End-User License Agreement (EULA)
Agreement between the User and the Developer: This software license agreement is between you (the end-user) and SwipePoint (the developer) only, not with Apple. SwipePoint, not Apple, is solely responsible for the app and its content. This agreement does not conflict with the Apple Media Services Terms and Conditions.
Scope of License: The license granted to the end-user for the app is limited to a non-transferable license to use the app on Apple-branded products that the end-user owns or controls, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
Maintenance and Support: SwipePoint is solely responsible for providing any maintenance and support services for the app, as specified in the EULA, or as required under applicable law. You and the end-user must acknowledge that Apple has no obligation to furnish any maintenance and support services for the app.
Warranty: SwipePoint is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the app to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price of the app to the end-user; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app.
Product Claims: You and the end-user must acknowledge that SwipePoint, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the app or the end-user’s possession and/or use of the app, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
Intellectual Property Rights: In the event of any third party claim that the app or the end-user’s possession and use of the app infringes that third party’s intellectual property rights, SwipePoint, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Legal Compliance: The end-user must represent and warrant that (i) he/she is 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 (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
Third-Party Beneficiary: You and the end-user acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of the EULA, and that, upon the end-user’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third-party beneficiary.
Developer Name and Address: The EULA provides the name, address, and contact information (telephone number; email address) of SwipePoint to which any end-user questions, complaints, or claims with respect to the app should be directed.
Lan Yan Technology reserves the right to post advertisements for Lan Yan Technology or a third party on the Services.
iPhone/iPad No-Ads Plan
Please read the following notes carefully before subscribing to the no-ads plan of SwipePoint to ensure that you fully understand the terms of service:
- Subscription Limitation: Each Apple ID can only subscribe to one no-ads plan at a time. Please ensure you select the plan that best suits your needs.
- Account Information: The Apple ID you use to log in to the App Store and the one you use to log in to SwipePoint can be different accounts. Please note that the charge for the subscription will be based on the ID you use to log in to the App Store.
- Organizational Scope: The organizational no-ads plan is only applicable to all members of the organization you created. If you have joined other organizations, please note that these will not be included.
- Personal Plan Coverage: The personal no-ads plan will apply to all devices you log in to with the App Store, allowing you to enjoy an ad-free experience on multiple devices.
We recommend that you carefully consider the above points before subscribing. If you have any questions about the no-ads plan, please feel free to contact us for more information. Thank you for choosing SwipePoint, and we look forward to providing you with a more comfortable service experience!
Android No-Ads Plan
Please carefully read the following notes before subscribing to the no-ads plan of SwipePoint to ensure you fully understand the terms of service:
- Subscription Limitation: Each Google account can only subscribe to one no-ads plan at a time. Please ensure you select the plan that best meets your needs.
- Account Information: The Google account you use to log in to the Play Store and the one you use to log in to SwipePoint can be different accounts. Note that the subscription fee will be deducted from the account you use to log in to the Play Store.
- Organizational Scope: The organizational no-ads plan only applies to all members of the organization you have created and does not include any other organizations you have joined.
- Personal Plan Coverage: The personal no-ads plan applies to all devices you log into with the Play Store, allowing you to enjoy an ad-free experience across multiple devices.
We encourage you to carefully consider the above points before subscribing. If you have any questions or need further assistance regarding the no-ads plan, please do not hesitate to contact us. Thank you for choosing SwipePoint, and we look forward to providing you with a more comfortable and efficient service experience!
The Services may contain services or Contents provided by third parties other than Lan Yan Technology. Such third parties shall bear any and all responsibility regarding such services and/or Contents. Furthermore, there may be terms or use or other terms and conditions provided by such third party which are applicable to such services and Contents.
- Lan Yan Technology grants Users a non-transferable, non-sublicensable, non-exclusive license to use the Subject Contents provided by Lan Yan Technology, solely for the purpose of using the Services.
- Users shall abide by the conditions applicable thereto when using the Subject Contents which are subject to conditions of use, such as additional fees and periods of use and the like. Even if terms such as “Purchase”, “Sales,” and the like appear on the screens for the Services, Lan Yan Technology shall remain the owner of all intellectual property rights as well as all other rights in the Subject Contents offered to Users by Lan Yan Technology, and such rights shall not be transferred to Users. Users will only be granted usage rights as set forth above.
- Users shall not use the Subject Contents beyond the scope of the intended use of the Subject Contents in the Services (including, without limitation, acts of copying, transmitting, reproducing, and modifying).
When using this service must refrain from engaging in the following actions:
- Actions that violate laws, court judgments, rulings, orders, or legally binding administrative measures.
- Actions that may harm public order or good morals.
- Actions that infringe upon the intellectual property rights, including copyrights, trademarks, patents, as well as reputation rights, privacy rights, or other rights defined by laws or contracts of the company or third parties.
- Actions that involve exchanging the right to use this content for cash, goods, or other economic benefits in ways not specified by Lan Yan Technology.
- Impersonation of Lan Yan Technology or third parties, or spreading false information intentionally.
- Actions with the purpose of marketing, advertising, solicitation, or other profit-seeking purposes (except with the company's consent), actions with the purpose of sexual or indecent behavior, actions with the purpose of getting acquainted or dating with strangers of the opposite sex, actions with the purpose of harassing or defaming other users, or any other use of this service for purposes other than those intended by this service.
- Providing benefits or other assistance to antisocial forces.
- Encouraging participation in religious activities or groups.
- Inappropriate collection, disclosure, or provision of personal information, registration information, usage record data, or other data belonging to other individuals.
- Interference with the service's servers, improper manipulation of the service using bots, cheating tools, or other technical means, intentional exploitation of vulnerabilities in the service, repeatedly submitting inappropriate inquiries or requests to Lan Yan Technology, or any other actions that hinder the operation of Lan Yan Technology or the use of the service by other users and create interference.
- Supporting or facilitating any of the actions described in (a) through (j) above.
- Any other actions deemed inappropriate by Lan Yan Technology.
- Users are responsible for all actions and their consequences when using this service, whether undertaken personally or by individuals designated by the entity assisting in creating the account.
- Lan Yan Technology may take necessary and appropriate measures as determined by Lan Yan Technology when users use this service in violation of these terms. However, this does not imply an obligation on the part of the company to prevent or correct such violations.
- If, as a result of a user's use of this service (including complaints received by Lan Yan Technology from third parties due to such use), Lan Yan Technology incurs any direct or indirect damages (including legal fees), the user shall compensate as requested by Lan Yan Technology.
Disclaimer by the Company
- Lan Yan Technology does not guarantee, whether explicitly or implicitly, that this service (including the content) is free from factual or legal defects (including security, reliability, accuracy, completeness, effectiveness, suitability for a particular purpose, security-related defects, errors, program errors, or rights infringement). Lan Yan Technology is not obligated to provide this service after clearing such defects.
- Lan Yan Technology shall not be liable for any damages incurred by users as a result of using this service.
- Even in cases stipulated in the exception in (b) above, the company shall not be liable for special damages incurred by users due to Lan Yan Technology's negligence (except for gross negligence). In addition, the maximum compensation for damages arising from Lan Yan Technology's negligence (except for gross negligence) resulting from the failure to fulfill obligations or wrongful acts shall be the usage fees collected from the user in the month when such damages occurred.
- Lan Yan Technology will communicate matters related to this service to users by posting them at appropriate locations on the our website or by other methods determined to be appropriate by Lan Yan Technology.
- Users can contact Lan Yan Technology regarding matters related to this service using the question/response form provided in the appropriate location on Lan Yan Technology's website or by following specified method.
Users of an Account Created by an Affiliated Enterprise
Users who create an account through a responsible person or related personnel of an affiliated enterprise are responsible for all actions generated, and the liability for such actions lies solely with the person who created the account. Lan Yan Technology only provides related services and does not assume joint responsibility.
Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the law of Taiwan (R.O.C.). The Parties agree that the Taiwan Taichung District Court (or Intellectual Property Court) shall have jurisdiction and venue with respect to any dispute arising out of this Agreement.
- Billing: The subscription fees will be charged to you on the specific payment date indicated on the "Plan management", according to your chosen payment method. Your payment guarantees and our rights to collect also include any taxes that you may be required to pay or shipping fees. Additionally, you agree to bear any credit card refund fees and any reasonable collection costs incurred due to your failure payments.
- The billing date will depend on the type of subscription plan you select. In some cases, your payment date may change, such as when your payment method does not settle successfully, you change subscription plans, or your paid membership activation date does not correspond to a date in a particular month. Our paid service prices do not include any third-party fees incurred while using the paid service, including but not limited to fees charged by your internet service provider, any wireless carrier fees related to network or data services that may be jointly used with the paid service, and any other fees charged by third-party applications or services. You are responsible for selecting other services and for paying the associated fees.
- Payment Methods: To use payment service, you must provide us with at least one "payment method." If your primary "payment method" is declined, you will still be responsible for any unpaid amounts. If a payment fails due to expiration, insufficient funds, or other reasons, and you do not cancel your subscription, we may suspend your access to the service for that plan until we have successfully charged from you. Some payment methods may be subject to certain fees, such as international transaction fees or other processing fees related to your payment. Local tax rates may vary depending on your payment method service provider. Please consult your payment service provider for details.
- Unsubscribe: You may cancel your subscription plan at any time, and you can continue to use the services of that plan until subscription expiration date. Except where applicable law requires otherwise, payments are non-refundable, and we do not provide refunds or credits for partially unused subscription periods or unused subscription plan content. To cancel, please go to the "Plan managementment" and follow the instructions. If you unsubscribe, your account will automatically revert to the free plan after charging day.
- Price and Subscription Plan Changes: We may change subscription plans and service prices, with any changes to prices or subscription plans taking effect 14 days after we provide you with notifications or email notifications.
Apart from the terms mentioned above, the following special terms (hereinafter referred to as "these Special Terms") are specifically applicable to Blueeyes Corporation (hereinafter referred to as "the Company").
These Special Terms shall be considered as an integral part of SwipePoint service terms (hereinafter referred to as "the Service Terms"). In case of any conflict between the provisions of the Service Terms and the provisions of these Special Terms, the provisions of these Special Terms shall prevail. All relevant definitions in these Special Terms shall be consistent with the definitions in the Service Terms, and matters not stipulated in these Special Terms shall be governed by the provisions of the Service Terms.
Notice: Refers to notifications, announcements, or any communication made to users in a manner deemed appropriate by the company, including but not limited to SwipePoint notifications, emails, website announcements, and text messages.
Severe Abuse: Refers to:
- Improperly attacking the service.
- Automatically sending spam or harassing emails using programs or systems.
- Creating spam accounts or commercial point-recharge accounts.
- Harassing behavior reported by multiple individuals.
- Using the service in any abnormal or unauthorized manner.
- Accessing the service using unofficial software not provided by the company.
- Accessing the service in large quantities through application programming interfaces (APIs) related to the service to disrupt its normal operation.
- Stealing other users SwipePoint accounts or creating fake accounts to impersonate existing SwipePoint accounts.
Provider of this service
Company: Lan Yan Technology Corp.
Add: 7th Floor, No. 200, Section 4, Wenxin Road, Taichung City
Feedback Form: https://swipepoint.app/contact-en.php
Notes for Completing the Feedback Form:
In order to provide you with prompt and accurate service, please ensure that the information you enter in the feedback form is accurate and provide screenshots that confirm the issue's content. Additionally, after submitting your inquiry, you will receive an automatic confirmation email from our system. We will respond to your inquiry within 7 business days of receiving your email. Thank you for your patience.
Users may confirm information related to account registration, password setup, and registration data through the app, which is related to the security of using the service.
Account Deletion Due to User's Attributable Reasons
When the company deletes the SwipePoint account due to a violation of the service terms, the company shall notify the user to allow them to rectify the situation. If the user ignores the notification and fails to rectify the violation of any term of the service terms or continues to violate them, the company may delete the your SwipePoint account without further notice. However, the company may delete the SwipePoint account without notice in the following circumstances:
- The company has sufficient evidence to believe that the user is involved in criminal activities such as fraud or money laundering, or engages in unlawful activities.
- The user constitutes "severe abuse" as defined in the first article of these special terms.
- The user maliciously registers a Unified Business Number (UBN) that does not belong to their own company, causing damage to the usage rights of other enterprises.
Users understand and agree that SwipePoint service will retain your data within the app. Such data includes but is not limited to user profile information, activity records, records, etc. The retention period for this data is three months.
Your data will be retained for three months after your last activity. After this period, we will automatically delete all of your data. Please note that deleted data cannot be recovered. Therefore, if you wish to keep certain information, please back it up before the data is deleted.
Backup and Data Export
Users are responsible for backing up important information on their own. SwipePoint service hereby specifically reminds you that you should regularly back up your data to prevent data loss. We are not responsible for any data loss caused by your failure to back up or export data.
Account Intrusion and Device Changes
When a user notifies us that their SwipePoint account has been intruded upon by a third party (such as being stolen by someone else), the company shall suspend or delete the account after confirming the intrusion in order to protect the compromised point-recharge account. For users whose SwipePoint accounts have been stolen, the company shall provide information on how to create a new account or recover the SwipePoint account (within the limits of technical feasibility).
Refunds When SwipePoint Account Is Deleted
If a user's SwipePoint account is deleted, the company shall, within thirty (30) days after receiving the user's refund request and completing the required personal data verification process, refund the amount paid in SwipePoint account to the user, choosing from methods such as bank transfer, credit card, cashier's check, or registered mail with a check. However, if the user does not submit the appropriate identity verification documents as specified by the company, the user's refund request will be invalidated. To avoid any ambiguity, regardless of the reason for deleting SwipePoint account, once SwipePoint account is deleted, the user has no right to continue using the service after deletion.
Suspension of SwipePoint Services Due to Maintenance
When the company have to temporarily suspend the service for technical maintenance (excluding force majeure events and other emergencies), the company shall notify users on its official website at least seven (7) days before the suspension of service.
Users agree that the number of users for SwipePoint is limited to a maximum of 100 individuals. Once the registered users reaches 100 individuals, it will not be able to add new users.
If you requires more user accounts, please directly contact our customer service department to discuss solutions. We will provide assistance based on your needs.
Please note that violations of the user limit may result in service suspension or termination. We reserve the right to terminate or restrict the services of users or organizations who violate this provision without prior notice.
Change of These Special Terms or Significant Service Content
When our company intends to change these Special Terms or make changes that affect user rights in the content of this service, we shall provide prior notice to users. Changes that have not been notified in advance shall be considered invalid. Additionally, if a user does not express their objection in writing to our company within fifteen days after the aforementioned notice, it will be deemed as acceptance. If a user expresses disagreement with the changes in writing within fifteen days after our company's notice, the contractual relationship between our company and the user regarding this service shall terminate upon our company's receipt of the user's written disagreement, and our company may delete the SwipePoint account. The user shall immediately cease using their account.
Confirmation of Account Deleting
When user deletes SwipePoint account, our company will display notifications and provide a confirmation message to the user during the account deletion process. This is done to confirm the user's deletion action and remind them of the consequences of deleting the account.
Our company is committed to maintaining the security of our systems that can be reasonably expected based on current technological standards. This includes preventing unauthorized access, acquisition, alteration, or damage to user records or personal data used in our services. In the event of an illegal intrusion or system disruption, we will take reasonable measures to promptly restore the system.