END-USER LICENSE AGREEMENT
PLEASE READ
CAREFULLY BEFORE USING THIS SOFTWARE OR SOFTWARE AVAILABLE ON AN GLOWS PRODUCT:
THIS
END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN (A)
YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND (B) GLOWS.AI. ("GLOWS")
THAT GOVERNS YOUR USE OF ANY PRODUCT, INSTALLED ON OR MADE AVAILABLE BY GLOWS
FOR USE AS A STANDALONE PRODUCT OR WITH YOUR GLOWS PRODUCT
("PRODUCT") THAT IS NOT OTHERWISE SUBJECT TO A SEPARATE LICENSE
AGREEMENT BETWEEN YOU AND GLOWS OR ITS SUPPLIERS. THE PRODUCT INCLUDES
APPLICATION SOFTWARE, FIRMWARE, OPERATING SYSTEMS, DRIVERS, AND ANY OTHER TYPES
OF SOFTWARE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS, AND ONLINE OR
ELECTRONIC DOCUMENTATION.
AN
AMENDMENT OR ADDENDUM TO THIS EULA MAY ACCOMPANY THE GLOWS PRODUCT OR THE PRODUCT.
IN THE EVENT OF A CONFLICT BETWEEN ANY SUCH AMENDMENT OR ADDENDUM AND THIS
EULA, THE TERMS OF THE AMENDMENT OR ADDENDUM SHALL CONTROL.
RIGHTS IN
THE PRODUCT ARE OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS AND
CONDITIONS OF THIS EULA. BY INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE
USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO
NOT ACCEPT THESE LICENSE TERMS, YOUR SOLE REMEDY IS TO RETURN THE ENTIRE UNUSED
PRODUCT (HARDWARE AND SOFTWARE) WITHIN 14 DAYS FOR A REFUND SUBJECT TO THE
REFUND POLICY OF YOUR PLACE OF PURCHASE.
THIS EULA
IS A GLOBAL AGREEMENT AND IS NOT SPECIFIC TO ANY PARTICULAR COUNTRY, STATE OR
TERRITORY. IF YOU ACQUIRED THE GLOWS PRODUCT OR THE PRODUCT AS A CONSUMER
WITHIN THE MEANING OF RELEVANT CONSUMER LEGISLATION IN YOUR COUNTRY, STATE OR
TERRITORY, THEN DESPITE ANYTHING TO THE CONTRARY IN THIS EULA, NOTHING IN THIS
EULA AFFECTS ANY NON-EXCLUDABLE STATUTORY RIGHTS OR REMEDIES THAT YOU MAY HAVE
UNDER SUCH CONSUMER LEGISLATION; THIS EULA IS SUBJECT TO THOSE RIGHTS AND
REMEDIES.
1. GRANT OF LICENSE. GLOWS GRANTS YOU THE FOLLOWING RIGHTS
PROVIDED YOU COMPLY WITH ALL TERMS AND CONDITIONS OF THIS EULA:
A. USE. YOU MAY USE THE PRODUCT ON A SINGLE GLOWS
PRODUCT. IF THE PRODUCT IS PROVIDED TO YOU VIA THE INTERNET AND WAS ORIGINALLY
LICENSED FOR USE ON MORE THAN ONE GLOWS PRODUCT, YOU MAY INSTALL AND USE THE PRODUCT
ONLY ON THOSE GLOWS PRODUCTS. YOU MAY NOT SEPARATE COMPONENT PARTS OF THE PRODUCT
FOR USE ON MORE THAN ONE GLOWS PRODUCT. YOU DO NOT HAVE THE RIGHT TO DISTRIBUTE
THE PRODUCT.
B. STORAGE. YOU MAY COPY THE PRODUCT INTO THE LOCAL
MEMORY OR STORAGE DEVICE OF THE GLOWS PRODUCT.
C. COPYING. YOU MAY MAKE ARCHIVAL OR BACK-UP COPIES OF
THE PRODUCT, PROVIDED THE COPY CONTAINS ALL OF THE ORIGINAL PRODUCT'S
PROPRIETARY NOTICES AND THAT IT IS USED ONLY FOR BACK-UP PURPOSES.
D. RESERVATION OF RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, GLOWS AND ITS SUPPLIERS RESERVE ALL RIGHTS NOT EXPRESSLY GRANTED
TO YOU IN THIS EULA.
E. FREEWARE. NOTWITHSTANDING THE TERMS AND CONDITIONS OF
THIS EULA, ALL OR ANY PORTION OF THE PRODUCT WHICH CONSTITUTES NON-PROPRIETARY GLOWS
SOFTWARE OR SOFTWARE PROVIDED UNDER PUBLIC LICENSE BY THIRD PARTIES
("FREEWARE"), IS LICENSED TO YOU SUBJECT TO THE TERMS AND CONDITIONS
OF THE SOFTWARE LICENSE AGREEMENT ACCOMPANYING SUCH FREEWARE WHETHER IN THE
FORM OF A DISCRETE AGREEMENT, SHRINK WRAP LICENSE OR ELECTRONIC LICENSE TERMS
ACCEPTED AT TIME OF DOWNLOAD. USE OF THE FREEWARE BY YOU SHALL BE GOVERNED
ENTIRELY BY THE TERMS AND CONDITIONS OF SUCH LICENSE.
2. UPGRADES. TO USE A PRODUCT IDENTIFIED AS AN UPGRADE,
YOU MUST FIRST BE LICENSED FOR THE ORIGINAL PRODUCT IDENTIFIED BY GLOWS AS
ELIGIBLE FOR THE UPGRADE. AFTER UPGRADING, YOU MAY NO LONGER USE THE ORIGINAL PRODUCT
THAT FORMED THE BASIS FOR YOUR UPGRADE ELIGIBILITY AS A SEPARATE PRODUCT.
3. TRANSFER.
RESTRICTIONS. YOU MAY NOT RENT, LEASE, OR LEND THE PRODUCT
OR USE THE PRODUCT FOR COMMERCIAL TIMESHARING OR BUREAU USE. YOU MAY NOT
SUBLICENSE, ASSIGN, OR TRANSFER THE LICENSE OR PRODUCT EXCEPT AS EXPRESSLY
PROVIDED IN THIS EULA.
4. PROPRIETARY RIGHTS. ALL INTELLECTUAL PROPERTY RIGHTS IN THE PRODUCT
AND USER DOCUMENTATION ARE OWNED BY GLOWS OR ITS SUPPLIERS AND ARE PROTECTED BY
LAW, INCLUDING BUT NOT LIMITED TO TAIWAN COPYRIGHT, TRADE SECRET, AND TRADEMARK
LAW, AS WELL AS OTHER APPLICABLE LAWS AND INTERNATIONAL TREATY PROVISIONS. YOU
SHALL NOT REMOVE ANY PRODUCT IDENTIFICATION, COPYRIGHT NOTICES, OR PROPRIETARY
RESTRICTIONS FROM THE PRODUCT.
5. LIMITATION ON REVERSE ENGINEERING. YOU
MAY NOT REVERSE ENGINEER, DECOMPILE, OR DISASSEMBLE THE PRODUCT, EXCEPT AND
ONLY TO THE EXTENT THAT THE RIGHT TO DO SO IS MANDATED UNDER APPLICABLE LAW NOTWITHSTANDING
THIS LIMITATION OR IT IS EXPRESSLY PROVIDED FOR IN THIS EULA.
6. TERM. THIS EULA IS EFFECTIVE UNLESS TERMINATED OR
REJECTED. THIS EULA WILL ALSO TERMINATE UPON CONDITIONS SET FORTH ELSEWHERE IN
THIS EULA OR IF YOU FAIL TO COMPLY WITH ANY TERM OR CONDITION OF THIS EULA.
7. NOTICE OF DATA COLLECTION.
A. GLOWS
AND ITS AFFILIATES MAY COLLECT, COMBINE, AND USE DEVICE AND INDIVIDUAL USER
INFORMATION YOU PROVIDE IN RELATION TO SUPPORT SERVICES RELATED TO THE PRODUCT.
GLOWS WILL NOT USE THIS INFORMATION TO MARKET TO YOU WITHOUT YOUR CONSENT.
LEARN MORE ABOUT GLOWS DATA COLLECTION PRACTICES AT HTTPS://GLOWS.AI/PRIVACY.
B. PAYMENTS
FOR PRODUCTS ARE FACILITATED THROUGH THIRD-PARTY PAYMENT PROCESSORS. GLOWS DOES
NOT STORE OR PROCESS YOUR FINANCIAL INFORMATION. BY USING THE PRODUCTS, YOU
AGREE TO THE THIRD-PARTY PAYMENT PROCESSOR’S TERMS AND
CONDITIONS. GLOWS IS NOT RESPONSIBLE FOR ANY ISSUES ARISING FROM THE PAYMENT
PROCESS.
8. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, GLOWS AND ITS SUPPLIERS PROVIDE THE PRODUCT
"AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER
WARRANTIES, DUTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES: (I) OF FITNESS FOR A PARTICULAR
PURPOSE; (II) OF MERCHANTABILITY; (III) OF TITLE, (IV) OF NONINFRINGEMENT, (V)
THAT THE PRODUCT WILL FUNCTION WITH NON-GLOWS SUPPLIES OR ACCESSORIES; AND (VI)
OF LACK OF VIRUSES ALL WITH REGARD TO THE PRODUCT. ANY REFUND APPLICATION
NOT COUSED BY FAULT OF GLOWS SHALL NOT BE ACCEPTED. SOME STATES/JURISDICTIONS
DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON THE DURATION OF
IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN ITS
ENTIRETY.
9.POINTS
PURCHASE. (I) UPON PURCHASING
POINTS,THE POINTS ARE DEEMED CONSUMED AND ARE NON-REFUNDABLE.
POINTS MAY BE USED ON THE PLATFORM TO PURCHASE CORRESPONDING SERVICES,
INCLUDING BUT NOT LIMITED TO GPU INSTANCE TYPE, DATADRIVE, SPACE MANAGEMENT,
AND MESH CLUSTERING. GLOWS.AI RESERVES THE RIGHT TO INTERPRET AND MANAGE THE
USAGE OF POINTS.; (II) ALL SERVICES REQUIRE POINTS,ALL SERVICES PROVIDED BY GLOWS.AI MUST BE ACCESSED
THROUGH THE USE OF POINTS, AND NO REFUNDS WILL BE ISSUED FOR POINTS CONSUMED OR
UNUSED; (III)POINTS EXPIRATION,PURCHASED
POINTS MUST BE USED WITHIN ONE YEAR FROM THE DATE OF PURCHASE. ANY UNUSED
POINTS AFTER THIS PERIOD WILL EXPIRE AND CANNOT BE REFUNDED OR EXTENDED.
10.REFUND POLICY. (I)NO REFUNDS,ALL
CLOUD COMPUTING SERVICES PURCHASED FROM GLOWS ARE FINAL SALES. ONCE PAYMENT IS
MADE, NO REFUNDS WILL BE PROVIDED. DUE TO THE ON-DEMAND NATURE OF THE SERVICE,
SYSTEM RESOURCES ARE ALLOCATED IMMEDIATELY UPON PURCHASE AND CANNOT BE
RECLAIMED. THEREFORE, UNLESS EXPLICITLY REQUIRED BY LAW OR IN CASES WHERE GLOWS
IS UNABLE TO PROVIDE THE SERVICE, GLOWS DOES NOT OFFER ANY FORM OF REFUNDS OR
FEE REVERSALS; (II) SLA COMPENSATION, IF GLOWS FAILS TO MEET THE AVAILABILITY STANDARDS
OUTLINED IN THE SERVICE LEVEL AGREEMENT (SLA), CUSTOMERS ARE ENTITLED TO
REQUEST AN EXTENSION OF SERVICE TIME OR ADDITIONAL RESOURCES AS COMPENSATION,
INSTEAD OF A REFUND. THE EXACT COMPENSATION WILL BE SUBJECT TO GLOWS'
COMPENSATION POLICY; (III)CUSTOMER RESPONSIBILITY,CUSTOMERS
ARE RESPONSIBLE FOR MANAGING THEIR USE OF CLOUD RESOURCES. GLOWS IS NOT LIABLE
FOR ANY LOSSES CAUSED BY CUSTOMER ERROR OR MISMANAGEMENT, AND NO REFUNDS WILL
BE ISSUED FOR SUCH CASES.
11. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GLOWS OR ITS SUPPLIERS BE LIABLE
FOR (A) ANY LOSS OF PROFITS, BUSINESS, REVENUE, ANTICIPATED SAVINGS, GOODWILL,
DATA, OR CONTRACTS, (B) ANY TYPE OF SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, (C) BUSINESS INTERRUPTION, (D) PERSONAL INJURY,
OR (E) LOSS OF PRIVACY, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF
THIS EULA, EVEN IF GLOWS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, PRODUCT LIABILITY, OR CERTAIN
DIRECT DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
12. CAPACITY AND AUTHORITY TO CONTRACT. YOU
REPRESENT THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN YOUR STATE OR COUNTRY OF
RESIDENCE AND, IF APPLICABLE, YOU ARE DULY AUTHORIZED BY YOUR EMPLOYER TO ENTER
INTO THIS CONTRACT.
13. ENTIRE AGREEMENT. THIS EULA (INCLUDING ANY ADDENDUM OR
AMENDMENT TO THIS EULA WHICH IS INCLUDED WITH THE GLOWS PRODUCT) IS THE ENTIRE
AGREEMENT BETWEEN YOU AND GLOWS RELATING TO THE PRODUCT, AND THIS EULA
SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS ORAL OR WRITTEN COMMUNICATIONS,
PROPOSALS, AND REPRESENTATIONS WITH RESPECT TO THE PRODUCT OR ANY OTHER SUBJECT
MATTER COVERED BY THIS EULA. TO THE EXTENT THE TERMS OF ANY GLOWS POLICIES OR
PROGRAMS FOR SUPPORT SERVICES CONFLICT WITH THE TERMS OF THIS EULA, THE TERMS
OF THIS EULA SHALL CONTROL. SHOULD ANY TERM, CONDITION OR PROVISION OF THIS
EULA BE HELD INVALID OR UNENFORCEABLE AS TO ANY PARTY OR CIRCUMSTANCE, SUCH
RULING SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING TERMS,
CONDITIONS, AND PROVISIONS OF THIS EULA.
14. CONSUMER RIGHTS. CONSUMERS IN SOME COUNTRIES, STATES, OR
TERRITORIES MAY HAVE THE BENEFIT OF CERTAIN STATUTORY RIGHTS, REMEDIES,
LOCALIZATIONS, AND LIMITATIONS UNDER CONSUMER LEGISLATION IN RESPECT OF WHICH GLOWS’S LIABILITY CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS EULA, IF YOU ACQUIRED THE GLOWS
PRODUCT OR LICENSED THE PRODUCT AS A CONSUMER WITHIN THE MEANING OF RELEVANT
CONSUMER LEGISLATION IN YOUR COUNTRY, STATE, OR TERRITORY, THE PROVISIONS OF
THIS EULA (INCLUDING THE DISCLAIMERS OF WARRANTIES, LIMITATIONS AND EXCLUSION
OF LIABILITY) MUST BE READ SUBJECT TO APPLICABLE LAW AND APPLY ONLY TO THE
MAXIMUM EXTENT PERMITTED BY SUCH APPLICABLE LAW.
15.
GOVERNING LAW. THIS EULA SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF TAIWAN, WITHOUT REGARD TO ITS CONFLICT OF LAW
PRINCIPLES.
16. CHANGES
TO THIS EULA. GLOWS RESERVES THE RIGHT TO MODIFY THIS EULA AT
ANY TIME. ANY CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING THE REVISED EULA.
YOUR CONTINUED USE OF THE PRODUCT AFTER SUCH CHANGES CONSTITUTES YOUR
ACCEPTANCE OF THE NEW TERMS.
17. CONTACT
INFORMATION. FOR ANY QUESTIONS ABOUT THIS EULA, PLEASE CONTACT GLOWS AT
[SUPPORT@GLOWS.AI].