Disclaimer

Welcome to the AUXO products (the “Products”) and the AUXO Connect App (the “App”). This disclaimer applies to the users of the Products, including users who login to the App (“Logged-in Users”) and users who do not login to the App (“Visitors”) (Logged-in Users and Visitors are collectively referred to as “You”).

We will use commercially reasonable efforts to comply with applicable laws and regulations. However, we shall NOT be liable for disputes that are not caused by us, unless otherwise required by applicable laws and regulations.

Please read the following disclaimer carefully before using the Products and the App, especially the bold text below. If you do not agree with any of the following, please stop using the Products and related services provided by the App (the “Services”).

1. Before purchasing the Products and using the App

Before you purchase the products, you shall ensure

(1) that your purchase of the Products and use of the Services are in NO violation of the applicable laws and regulations.

(2) that you are eligible to purchase the Products and use the Services.

i. The consideration of your eligibility includes, but not limited to, whether you are recognized as a minor under applicable laws and regulations, whether the country or region where you plan to purchase the Products or use the Services permits such purchase and use, how the country or region where you plan to purchase the Products or use the Services permits such purchase and use (e.g., for medical purpose only, or for both medical and recreational purpose).

(3) the truthfulness, accuracy, and completeness of your representation regarding your eligibility, either by conduct, or by oral or written statements.

We shall NOT be liable if you knowingly purchase the Products or use the Services without the eligibility stipulated under the applicable laws and regulations.

2. During use of the Products and the App

(1) Using

ii. You shall be responsible for the legal consequences of selling or lending your vaping devices and the App account to a person who subjects to legal restrictions of using the Products and the App under applicable laws and regulations, for which we shall not be liable.

iii. You shall use the Product and the App correctly in accordance with the User Manual and Terms of Services. We are not responsible for any conduct beyond the purpose of personal use.

iv. We shall not be liable for any infringement of the intellectual property rights of third parties through your conversion of the Products and the App.

(2) Data security and privacy

i. When you are a Visitor, the corresponding MAC address when you connect to the App will be the ONLY information we collect. So, we CANNOT identify you.

ii. You may voluntarily share or receive information or data through the App or other applications or networks by any means. This conduct shall be voluntary on your part; therefore, we shall not be liable for any legal disputes regarding the data disclosure arising from such voluntary conduct.

iii. We do not analyze your health status through the Products and the App, nor do we use the puff-related data, temperature-related data for any other purpose than the improvement of the Services. Therefore, we are not responsible for legal consequences or disputes arising from the use of the aforementioned data for any other purpose than the improvement of the Services by you or other third parties.

iv. You shall read our Privacy Policy carefully before using the Products and the App to ensure that you understand the rules for processing your personal data. We cannot guarantee that everyone has the same level of understanding of the Privacy Policy. If you have any questions about the processing of your personal data, please contact us for an explanation.

v. We are not responsible for the risk of deletion, destruction, loss or irrecoverability of all or part of the information or data stored in your use of the Products and the App due to your fault.

(3) Network environment and external links

i. You shall understand that we are not an Internet Services Provider and cannot ensure that the internet service will meet your requirements or that the internet service will not be interrupted for any reason. Similarly, we cannot ensure the timeliness, security, or accuracy of the internet environment. We will not be responsible for any interruptions or other defects in the internet service caused by force majeure or reasons beyond our control but will endeavor to minimize any adverse experience or impact on you as a result.

ii. We do not guarantee the accuracy and completeness of external links set up to provide you with convenience. Furthermore, we are not liable for the content of external links directing to any web pages that do not include those operated by us.

3. When a change occurs

We disclaim in advance that you shall not use the Products in areas where the Products are restricted or prohibited by the local laws, and that you are responsible for any legal consequences arising therefrom.

We remind you of the following:

(4) Minors:

The Products are NOT available to minors as defined in each country or region at the time of sale.

You understand that the definition of minor varies in different countries and regions.

Given that you may use the Products and the App in different countries and regions, you shall be aware of whether you are a minor under the applicable laws and regulations in the country or region that you use the Products, and if yes, be compliant with the legal restrictions of minors using the Products under such laws and regulations.

We are NOT responsible for any legal disputes regarding the age restrictions on your use of the Products due to changes in your location.

(5) The Product legalization:

Because the recognition of the Products legalization varies in different countries and regions, we only sell the Products and provide the Services in countries and regions where the Products and the Services are legal.

We comply with the applicable laws and regulations when selling and promoting the Products and the App.

In the meanwhile, you shall acknowledge and comply with the applicable laws and regulations when using the Products and the App in different countries and regions.

We are NOT responsible of the unavailability of the Products due to your movement to a restricted area, or any legal disputes arising out of the use of the Products and the App in a restricted area.

4. This disclaimer shall be interpreted in accordance with applicable laws and regulations.

5. If any term of this disclaimer is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms shall remain in full force and effect and shall in no way be affected, impaired or invalidated.