Zark Update Terms of Service

Effective Date: November 8, 2024

1. Acceptance of Terms

By downloading, installing, or using the Zark Update application (“App”), you agree to be bound by these Terms of Service (“Terms”). If you disagree with any part of the terms, you do not have permission to access the App. These terms of services are entered into between “You” as the user of the App, and Shinkawa Electric Company of America “SECA”, together with its affiliates. These terms are the entire agreement between you and SECA regarding the App. Any conflicting terms in any purchase order, notice,

2. Description of Service

Zark Update is a mobile application that scans for nearby Bluetooth devices and upgrades their firmware.

3. Use of the App

You agree to use the App only for its intended purpose and in compliance with all applicable laws and regulations. You acknowledge that improper use of the App, particularly during the firmware update process, may result in damage to your Bluetooth devices. You may not, and you agree not to enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify or create derivative works of the App. You are responsible for all of Your users use of the App, and must ensure that all users abide by these Terms. Notwithstanding anything to the contrary in these Terms, SECA may temporarily suspend Your access to any portion or all of the App if: (i) SECA reasonably determines that (A) there is a threat to or attack on any of the App; (B) Your use of the App disrupts or poses a security risk; (C) You are using the App for fraudulent or illegal activities; or (D) subject to applicable law, You have ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding. Notwithstanding anything to the contrary in these Terms, SECA may monitor Your use of the App and collect and compile aggregated statistics. SECA may use the statistics to improve usability or otherwise improve the App.

4. Firmware Updates

While we strive to ensure the integrity and functionality of all firmware updates, you acknowledge that:

a) Firmware updates are applied at your own risk.

b) We are not responsible for any damage that may occur to your devices during the update process.

c) It is your responsibility to ensure that devices are not in use and have sufficient power during the update process.

5. Intellectual Property

The App and its original content, features, and functionality are owned by SECA and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You acknowledge and agree that, as between you and SECA, SECA owns all right, title, and interest, including any and all intellectual property rights, in and to the App. No transfer of any such rights to You is intended. If You, including any of Your employees, agents, or contractors, provides (in any manner) suggestions or recommended updates or changes to the App, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like “Feedback”, SECA owns such Feedback. You hereby assign, on behalf of all employees, agents, or contracts, all Feedback to SECA.

6. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall SECA be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the App. In all events, SECA’s liability for any and all claims arising in connection with your use of the App shall be limited to the lesser of the amount paid by You for use of the App or USD 10,000.

7. Indemnification

You shall indemnify, defend, and hold harmless, SECA from and against any damages, costs, expenses, claims, losses, and fees (including attorney fees) resulting from any third-party claim that (i) your use of the App, infringes or misappropriates another party’s intellectual property rights; or Your or Your users’ (ii) negligence or willful misconduct; use of the App in a manner not authorized; or use of the App in combination with data, software, hardware, equipment or technology not provided by SECA; or modifications to the App not made by SECA.

8. Disclaimer

The App is provided on an “AS IS” and “AS AVAILABLE” basis. SECA makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

9. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time by updating them on our website.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of North Carolina, USA, without regard to its conflict of law provisions. The parties agree that any claim arising in connection with the App or these Terms will be in the exclusive jurisdiction of the courts of Raleigh, North Carolina.

11. Notice

Any notice regarding these Terms must be sent to: info@sec-america.com

12. Severability. If any provision of these Terms is held to be unlawful, void, or unenforceable by any court having competent jurisdiction, then such provision shall be severable without affecting the enforceability of all remaining provisions, which shall remain in full force and effect.