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| 0 | Terms of Use Last Updated: May 18, 2026 1. | 0 | Terms of Use Last Updated: July 15, 2026 IMPORTANT: THE DISPUTE RESOLUTION TERMS APPLICABLE TO YOU MAY VARY DEPENDING ON YOUR COUNTRY OR REGION, THE APPLICABLE ANKER CONTRACTING ENTITY, AND APPLICABLE LAW. |
| 1 | Introduction This Terms of Use (hereinafter the "Agreement") is an agreement between you (hereinafter "you" or "user") and Anker Technology (SG) Pte., Ltd. and its affiliates (collectively, “Anker”, “we”, “us” and “our”) . | 1 | TO THE FULLEST EXTENT PERMITTED BY LAW (INCLUDING FOR ALL USERS IN THE UNITED STATES), THIS AGREEMENT IS SUBJECT TO A REQUIREMENT THAT DISPUTES MUST BE RESOLVED IN BINDING, INDIVIDUAL ARBITRATION, NOT IN COURT. |
| 2 | The Agreement is applicable to all the users or browsers accessing Anker’s websites or applications that reference or link to this Agreement. | 2 | THIS MEANS THAT YOU AND WE ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS. |
| 3 | Before creating an account on Anker’s websites or applications or using Anker’s Services, you should carefully read and fully understand all the terms and conditions of this Agreement, especially those regarding service fees, applicable laws, dispute resolution, the exemption of Anker from liabilities or restrictions to its liabilities, and your rights and obligations. | 3 | THERE IS NO JUDGE OR JURY IN ARBITRATION, AND PRETRIAL DISCOVERY AND APPELLATE RIGHTS ARE MORE LIMITED. |
| 4 | Those terms and conditions are highlighted in bold for your convenience. | 4 | YOU MAY HAVE A LIMITED-TIME RIGHT TO OPT OUT OF THIS REQUIREMENT. |
| 5 | By clicking "Agree" on the relevant web page/applications and/or creating and using an user a ccount (hereinafter "Account"), you are regarded as having read, understood, and agreed to this Agreement and to be bound by its terms. | 5 | PLEASE REVIEW SECTION 18 “DISPUTE RESOLUTION” CAREFULLY FOR MORE INFORMATION. |
| 6 | If you do not agree to this Agreement, you have the right to exit and cease using Anker’s Services. 2. | 6 | By accessing or using Anker’s Services, creating an Account, or making a purchase, you acknowledge that you have read, understood, and agree to be bound by this Agreement. |
| 7 | User account, Accuracy , and Security 2.1 Creating an Account When you access and use certain parts of Anker’s websites or applications, including but not limited to anker.com, eufy.com, soundcore.com, seenebula.com, ankerwork.com, eufymake.com, Anker App and devices, eufy App and devices, eufy Baby App and devices, eufy Clean App and devices, EufyLife App and devices, eufyMake App and devices, JML APP and website(collectively, "Anker’s Services"), you may be asked to create a user account and to provide personally identifiable information. | 7 | If you do not agree, you must immediately exit and cease using Anker’s Services. 1. |
| 8 | After successfully creating your account, you may use it to log in to various Anker’s websites or applications going forward. 2.2 Information Accuracy For the information you provide, we will only process that information for the purposes of verification of your identity, and we will not process that information for unrelated purposes. | 8 | Introduction These Terms of Use (the "Agreement") constitute a binding agreement between you ("You" or "User") and the applicable Anker contracting entity (collectively, “Anker”, “we”, “us”, and “our”). |
| 9 | The specific Anker entity you are contracting with is identified in Section 21.8, which is determined by your location and how you access our offerings. | ||
| 10 | This Agreement governs all aspects of your relationship with us, including: Using or browsing our offerings: This applies to any websites, applications, or devices that link to this Agreement (including anker.com, eufy.com, soundcore.com, seenebula.com, ankerwork.com, eufymake.com, and all associated Anker, eufy, eufy Baby, eufy Clean, EufyLife, eufyMake, and JML apps and devices), collectively referred to as " Anker’s Services. | ||
| 11 | " Your Account: Creating a user account or subscribing to our communications (the "Account"). | ||
| 12 | Your Purchases: Buying any product and service from Anker. 1.1 Consent and Other Agreements By engaging with Anker through any of the above means, you confirm your acceptance of this Agreement. | ||
| 13 | Important terms—such as service fees, governing law, dispute resolution, and limitations of liability—are highlighted in bold for your convenience. | ||
| 14 | You also acknowledge our Privacy Notice and Cookie Notice , which are incorporated herein by reference. | ||
| 15 | If this Agreement conflicts with any other specific agreement governing a particular Anker Service, product, or region, the more specific terms will prevail unless expressly stated otherwise. 1.2 Brand Updates and Continuity of Services You acknowledge that, for brand strategy purposes, Anker reserves the right to update, consolidate, or otherwise adjust their brand portfolio (including their sub-brands) from time to time. | ||
| 16 | We will notify you of such updates in a timely manner via email, in-app notifications, or other legally permitted means. | ||
| 17 | For the avoidance of doubt, any branding adjustment does not change the legal entity providing Anker's Services to you, nor does it diminish your rights under this Agreement. | ||
| 18 | All existing user accounts, active subscriptions (including cloud storage services), paired smart devices, and associated data will continue to operate seamlessly. | ||
| 19 | If required by applicable law, we will provide separate, compliant notice and/or obtain your consent before any change affecting your rights takes effect. 2. | ||
| 20 | User account, Accuracy, and Security 2.1 Creating an Account When you access and use certain parts of Anker’s Services, you may be asked to create a user account and to provide personally identifiable information. | ||
| 21 | After successfully creating your account, you may use it to log in to various Anker’s websites or applications going forward. 2.2 Information Accuracy We process the information you provide in accordance with our Privacy Notice , including for the purposes of verifying your identity. | ||
| 11 | If we believe in our sole discretion that the information you provide is not current, complete, or accurate, we reserve the right at any time to refuse or terminate you access to Anker’s Services. | 24 | If we believe in our sole discretion that the information you provide is not current, complete, or accurate, we reserve the right at any time to refuse or terminate your access to Anker’s Services. |
| 12 | For additional information, see our Privacy Notice. 2.3 Account Security You may be asked to provide a username, password, and possibly other information to secure your Account. | 25 | For additional information, see our Privacy Notice . 2.3 Account Security You may be asked to provide a username, password, and possibly other information to secure your Account. |
| 17 | You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to unauthorized use of your Account. 3. | 30 | You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to unauthorized use of your Account to the extent resulting from your failure to maintain the confidentiality of your password or your breach of this Section 2.3. 3. |
| 18 | Privacy Notice and Cookies By using Anker’s Services, you represent and warrant that you have read and understood and agree to be bound by our Privacy Notice (the “Privacy Notice”). | 31 | Privacy Notice and Cookie Notice As explained more fully in the Privacy Notice and Cookie Notice , Anker’s websites use Cookies to collect certain information from you. |
| 19 | As explained more fully in the Privacy Notice, Anker’s websites uses Cookies to collect certain information from you. | 32 | Before using Anker’s websites, please carefully read and fully understand our Privacy Notice and our Cookie Notice . |
| 20 | Before using Anker’s websites, please carefully read and fully understand our Cookie Notice. 4. | 33 | IF YOU ARE USING ANKER’S SERVICES, CREATING, USING, OR SUBSCRIBING TO AN ACCOUNT, OR PURCHASING AN ANKER PRODUCT, YOU AGREE THAT YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF OUR PRIVACY NOTICE AND OUR COOKIE NOTICE. |
| 34 | IF YOU DO NOT AGREE TO HAVE YOUR INFORMATION USED IN ANY OF THE WAYS DESCRIBED IN THE PRIVACY NOTICE OR THE COOKIE NOTICE, YOU MUST DISCONTINUE USE OF ANKER’S SERVICES IMMEDIATELY. 4. | ||
| 25 | Subject to applicable laws and unless otherwise stated in these Term, if any products and services information on Anker's websites or applications is inaccurate, we reserve the right to correct and to change or modify information or cancel orders (or parts of orders) prior to dispatch. | 39 | Subject to applicable laws and unless otherwise stated in these Terms, if any products and services information on Anker's websites or applications is inaccurate, we reserve the right to correct and to change or modify information or cancel orders (or parts of orders) prior to dispatch. |
| 29 | You understand and agree that Amazon and PayPal are Third Parties, as that term is defined below, and that if you choose to complete any portion of your purchase through these Third Parties, your purchase may be governed by the terms of service, privacy policies, refund policies, and other policies and agreements of such Third Parties. | 43 | You understand and agree that Amazon and PayPal are Third Party Services, as that term is defined below, and that if you choose to complete any portion of your purchase through these Third Parties, your purchase may be governed by the terms of service, privacy policies, refund policies, and other policies and agreements of such Third Parties. |
| 42 | License to Use Service Subject to your compliance with this Agreement, we grant you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access Anker’s Services for your personal use. | 56 | License to Use Service s Subject to your compliance with this Agreement, we grant you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access Anker’s Services for your personal use. |
| 45 | You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Anker and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, assigns, parents, subsidiaries, and related entities(collectively, the "Anker Companies", as listed at the end of this Agreement) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or third parties, that may result from your use of Anker’s Services. 8. | 59 | You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Anker and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, assigns, parents, subsidiaries, and related entities (collectively, the "Anker Companies", as listed at the end of this Agreement) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or third parties, that may result from your use of Anker’s Services. 8. |
| 48 | Anker shall have sole discretion to determine whether your conduct or use of the Services breaches any of the requirements set out in this Section. 8.2 Restrictions When using the Services, you agree and undertake not to take any action or make available any User Submissions through the Services that may: (1) copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (2) conduct any systematic or automated data collection on or in relation to Anker's Services—including scraping, data mining, data extraction, data harvesting, or automated bulk purchasing—without our express prior written consent; (3) interfere with, or attempt to interfere with, the operation of Anker's Services or the access of any other user, host, or network, including by submitting malware or exploiting software vulnerabilities; (4) probe, scan, or test the vulnerability of Anker's Services or any associated system or network without our prior written authorization, or circumvent any security or authentication measure without authorization; (5) access, log into or attempt to access any account, server, or system that you are not authorized to access; (6) reverse engineer, decompile, or otherwise attempt to extract the source code or underlying logic of any software forming part of Anker's Services, except to the extent expressly permitted by applicable law; (7) forge, modify, or falsify any network packet header, protocol metadata, or other transmission data in connection with Anker's Services(for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (8) impersonate, or misrepresent your affiliation with, any person or entity; (9) provide false, misleading, or inaccurate information to us or to any other person in connection with Anker's Services; (10) create multiple or fictitious accounts for any deceptive purpose, including to promote business interests or to circumvent any restriction imposed on your account; (11) share your account credentials with, or permit use of your account by, any unauthorized third party; (12) abuse any promotion, discount, reward, or other benefit offered by us—including by exploiting pricing errors, manufacturing fictitious transactions, or using automated tools to circumvent purchase limits—or manipulate the price of any listed product or interfere with any product listing; (13) compensate or incentivize any person, directly or indirectly, for any interaction on Anker's Services, including reviews, ratings, or comments; or (14) send, post, or transmit unsolicited commercial messages or promotional content to other users, or engage in advertising or solicitation through Anker's Services, without our express prior written consent. 8. 3 Export Control Compliance In addition to the above, you agree to comply with all applicable export control and sanctions laws and regulations in using Anker's products, services, software, and technologies, including those enacted by the United Nations, the People's Republic of China, the United States, and other relevant jurisdictions. | 62 | Anker shall have sole discretion to determine whether your conduct or use of the Services breaches any of the requirements set out in this Section. 8.2 Restrictions When using the Services, you agree and undertake not to take any action or make available any User Content through the Services that may: (1) copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (2) conduct any systematic or automated data collection on or in relation to Anker's Services—including scraping, data mining, data extraction, data harvesting, or automated bulk purchasing—without our express prior written consent; (3) interfere with, or attempt to interfere with, the operation of Anker's Services or the access of any other user, host, or network, including by submitting malware or exploiting software vulnerabilities; (4) probe, scan, or test the vulnerability of Anker's Services or any associated system or network without our prior written authorization, or circumvent any security or authentication measure without authorization; (5) access, log into or attempt to access any account, server, or system that you are not authorized to access; (6) reverse engineer, decompile, or otherwise attempt to extract the source code or underlying logic of any software forming part of Anker's Services, except to the extent expressly permitted by applicable law; (7) forge, modify, or falsify any network packet header, protocol metadata, or other transmission data in connection with Anker's Services (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (8) impersonate, or misrepresent your affiliation with, any person or entity; (9) provide false, misleading, or inaccurate information to us or to any other person in connection with Anker's Services; (10) create multiple or fictitious accounts for any deceptive purpose, including to promote business interests or to circumvent any restriction imposed on your account; (11) share your account credentials with, or permit use of your account by, any unauthorized third party; (12) abuse any promotion, discount, reward, or other benefit offered by us—including by exploiting pricing errors, manufacturing fictitious transactions, or using automated tools to circumvent purchase limits—or manipulate the price of any listed product or interfere with any product listing; (13) compensate or incentivize any person, directly or indirectly, for any interaction on Anker's Services, including reviews, ratings, or comments; or (14) send, post, or transmit unsolicited commercial messages or promotional content to other users, or engage in advertising or solicitation through Anker's Services, without our express prior written consent. 8.3 Export Control Compliance In addition to the above, you agree to comply with all applicable export control and sanctions laws and regulations in using Anker's products, services, software, and technologies, including those enacted by the United Nations, the People's Republic of China, the United States, and other relevant jurisdictions. |
| 51 | (c) You and your affiliates will not export, resell, transfer, or supply Anker products or services to Embargoed or Restricted Regions, or engage in any activities that may trigger trade restrictions or economic sanctions. 8.4 Enforcement Anker reserves the right to take immediate action, without prior notice to you, if: (a) you breach or Anker reasonably suspects that you have breached any provision of this Terms; (b) Anker reasonably determines that your use of the Services poses a risk to the integrity or security of the Services, Anker's systems, or the experience of other users; (c) Anker reasonably determines that your conduct may result in harm, liability, or damage to any user, third party, or Anker; or (d) Anker is required to act in order to comply with applicable laws, regulations, legal process, or lawful governmental requests. | 65 | (c) You and your affiliates will not export, resell, transfer, or supply Anker products or services to Embargoed or Restricted Regions, or engage in any activities that may trigger trade restrictions or economic sanctions. 8.4 Enforcement Anker reserves the right to take immediate action, without prior notice to you, if: (a) you breach or Anker reasonably suspects that you have breached any provision of these Terms; (b) Anker reasonably determines that your use of the Services poses a risk to the integrity or security of the Services, Anker's systems, or the experience of other users; (c) Anker reasonably determines that your conduct may result in harm, liability, or damage to any user, third party, or Anker; or (d) Anker is required to act in order to comply with applicable laws, regulations, legal process, or lawful governmental requests. |
| 54 | Reviews, Comments, Communications, and Other Content In the Agreement, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you post on our platform or any other public forum and platforms for the purposes of reviewing, commenting, or providing feedback on our products/services. | 68 | Reviews, Comments, Communications, and Other Content In the Agreement, "User Content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you post on our platform or any other public forum and platforms for the purposes of reviewing, commenting, or providing feedback on our products/services. |
| 55 | You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license and sublicensable right to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media in connection with the services and Anker's business, including but not limited to the purpose of promoting and redistributing part or all of the services. | 69 | You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license and sublicensable right to use, reproduce, adapt, publish, translate and distribute User Content in any existing or future media in connection with the services and Anker's business, including but not limited to the purpose of promoting and redistributing part or all of the services. |
| 58 | Your warrant that the user content is not illegal or unlawful, does not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). | 72 | You warrant that the User Content is not illegal or unlawful, does not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). |
| 59 | You must not submit any user content to Anker’s Services that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints. | 73 | You must not submit any User Content to Anker’s Services that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints. |
| 61 | Notwithstanding our rights under these Terms of Use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, Anker’s Services, and we are not responsible for any user content. 10 . | 75 | Notwithstanding our rights under these Terms of Use in relation to User Content, we do not undertake to monitor the submission of such content to, or the publication of such content on, Anker’s Services, and we are not responsible for any user content. 10. |
| 62 | No Warranties; Limitation of Liability 10.1 No Warranties We, on behalf of ourselves and our licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding Anker’s Services, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. | 76 | No Warranties; Limitation of Liability 10.1 No Warranties We, on behalf of ourselves and our licensors and suppliers, expressly disclaim any and all warranties, express or implied, regarding Anker’s Services, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. |
| 67 | You will not hold us or our licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of Anker’s Services, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. | 81 | You will not hold us or our licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of Anker’s Services, including without limitation any loss or damage to any of your computers, mobile devices, including without limitation tablets and/or smartphones, or data. |
| 68 | Anker’s Services may contain bugs, errors, problems, or other limitations. 10.3 Limitation of Liability In no event shall we or our licensors or suppliers be liable to you for any claims arising from your use with Anker’s Services, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to us or our licensors and suppliers arising out of or in connection with your use of Anker’s Services. | 82 | Anker’s Services may contain bugs, errors, problems, or other limitations. 10.3 Limitation of Liability 10.3.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANKER AND ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (“ANKER PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, REVENUE, GOODWILL, REPUTATION, BUSINESS INTERRUPTION, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF ANKER’S SERVICES OR PRODUCTS, EVEN IF ANKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10.3.2 Nothing in this Section limits or excludes any liability to the extent such limitation or exclusion is prohibited by applicable law. 10.3.3 Some jurisdictions do not allow the exclusion or limitation of certain damages or warranties. |
| 69 | This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. | 83 | If such laws apply to you, some or all of the above limitations may not apply to you, and you may have additional rights. 10.3.4 These limitations are an essential part of the agreement between you and Anker. 10.4 Application of Disclaimers The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and us or between you and any of our licensors and suppliers. |
| 70 | You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between you and us. | — | Removed |
| 71 | Anker’s Services would not be provided without such limitations. 10.4 Application of Disclaimers The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and us or between you and any of our licensors and suppliers. | — | Removed |
| 78 | In addition, we may send or display information to you regarding Anker's Services, upcoming promotions and other information that may be of interest to you, by using your email addres that you have provided to us, or any other appropriate means, subject always to obtaining your prior opt-in consent to the extent required under applicable law. | 90 | In addition, we may send or display information to you regarding Anker's Services, upcoming promotions and other information that may be of interest to you, by using your email address that you have provided to us, or any other appropriate means, subject always to obtaining your prior opt-in consent to the extent required under applicable law. |
| 90 | Message frequency varies, Msg and data rates may apply. | 102 | Message frequency varies, Message and data rates may apply. |
| 91 | You may unsubscribe from our promotional text list at any time by replying T via text message. | 103 | You may unsubscribe from our promotional text list at any time by replying STOP (or by following the unsubscribe instructions included in each promotional text message). |
| 92 | After you unsubscribe, we will not send you further text message, but in some circumstances we will continue to contact you to the extent necessary for the purposes of any Sites, Applications, products, or services you have requested. 12 . | 104 | After you unsubscribe, we will not send you further text messages, but in some circumstances we will continue to contact you to the extent necessary for the purposes of any Sites, Applications, products, or services you have requested. 12. |
| 96 | Other trademarks, Service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with Anker’s Services may be the trademarks of third parties. | 108 | Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with Anker’s Services may be the trademarks of third parties. |
| 97 | Neither your use of Anker’s Services nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Marks or any third-party trademarks, Service marks, graphics, logos, or domain names. | 109 | Neither your use of Anker’s Services nor this Agreement grants you any right, title, or interest in, or any license to reproduce or otherwise use, the Marks or any third-party trademarks, service marks, graphics, logos, or domain names. |
| 100 | Except as explicitly provided, neither your use of Anker’s Services nor this Agreement grant you any right, title, or interest in any such materials. 12.2.2 Reporting Claims of C opyright Infringement If you believe that one of our users is, through the use of our App or Services, unlawfully infringing on your copyright by submitting unauthorized material, and wish to have the allegedly infringing or unauthorized material removed, you may request removal of those materials by: (a) submitting written notification to our designated Agent (designated below) at the address listed below; or (b) submitting the written notification to designated Agent via E-mail. | 112 | Except as explicitly provided, neither your use of Anker’s Services nor this Agreement grants you any right, title, or interest in any such materials. 12.2.2 Reporting Claims of Copyright Infringement If you believe that one of our users is, through the use of our App or Services, unlawfully infringing on your copyright by submitting unauthorized material, and wish to have the allegedly infringing or unauthorized material removed, you may request removal of those materials by: (a) submitting written notification to our designated Agent (designated below) at the address listed below; or (b) submitting the written notification to designated Agent via E-mail. |
| 102 | In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512)(“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: your physical or electronic signature; identification of the copyrighted work(s) that you claim to have been infringed, or if the claim involves multiple works on the App or Services, a representative list of such works; identification of the material on our App or Services that you claim is infringing on your copyright and that you request us to remove; sufficient information to permit us to locate such material (e.g., URL to Thing or Thing ID number); adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address); a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright or other rights owner, its agent, or the law; a statement that the information in the notification is accurate; and a statement, under penalty of perjury, that you are either the owner of the copyright or other right that has allegedly been infringed or violated or that you are authorized to act on behalf of the copyright or other rights owner. | 114 | In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512)(“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: your physical or electronic signature; Identification of the copyrighted work(s) that you claim to have been infringed, or if the claim involves multiple works on the App or Services, a representative list of such works; identification of the material on our App or Services that you claim is infringing on your copyright and that you request us to remove; sufficient information to permit us to locate such material (e.g., URL to the item or item ID number); adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address); a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright or other rights owner, its agent, or the law; a statement that the information in the notification is accurate; and a statement, under penalty of perjury, that you are either the owner of the copyright or other right that has allegedly been infringed or violated or that you are authorized to act on behalf of the copyright or other rights owner. |
| 107 | You represent and warrant that any material uploaded or posted is your original creation, or you have the necessary rights, licences and permissions to submit such content and can lawfully grant us the rights required in such content. | 119 | You represent and warrant that any material uploaded or posted is your original creation, or you have the necessary rights, licenses and permissions to submit such content and can lawfully grant us the rights required in such content. |
| 108 | You further represent and warrant that you shall not uploaded content that breaches third party rights, or is otherwise illegal for you to possess where you are located or would be unlawful if displayed or offered for download on the website. | 120 | You further represent and warrant that you shall not upload content that breaches third party rights, or is otherwise illegal for you to possess where you are located or would be unlawful if displayed or offered for download on the website. |
| 112 | We provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by us of the site. | 124 | We provide links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by us of the site. |
| 113 | It is further understood and agreed that we cannot and does not guarantee or warrant that files made available for downloading through the Anker’s Services will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. | 125 | It is further understood and agreed that we cannot and do not guarantee or warrant that files made available for downloading through Anker’s Services will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. |
| 115 | Artificial Intelligence (AI) Features, Algorithms, and Disclaimer 13.1 Scope of AI Services Certain products and services provided by Anker ( encompassing brands including but not limited to Anker, eufy, soundcore, eufymake, make it real) may incorporate Artificial Intelligence ("AI") functionalities. | 127 | Artificial Intelligence (AI) Features, Algorithms, and Disclaimer 13.1 Scope of AI Services Certain products and services provided by Anker (encompassing brands including but not limited to Anker, eufy, soundcore, eufymake, make it real) may incorporate Artificial Intelligence ("AI") functionalities. |
| 118 | Cloud and Generative AI: Cloud-based models supporting advanced capabilities, including, but no limited to, text-to-image generation, video/audio creation, image editing, natural language understanding (NLU) for voice commands, and interactive conversational assistance (Q&A/Chat). 13. 2 Algorithm Description and Data Processing Local Processing (Edge AI and Voice Activation): To prioritize privacy and reduce latency, tasks such as motion detection, object recognition, and listening for specific "wake words" occur directly on your device. | 130 | Cloud and Generative AI: Cloud-based models supporting advanced capabilities, including, but not limited to, text-to-image generation, video/audio creation, image editing, natural language understanding (NLU) for voice commands, and interactive conversational assistance (Q&A/Chat). 13.2 Algorithm Description and Data Processing Local Processing (Edge AI and Voice Activation): To prioritize privacy and reduce latency, tasks such as motion detection, object recognition, and listening for specific "wake words" occur directly on your device. |
| 124 | Consequently, results may contain inaccuracies, biases, or "hallucinations". 13. 3 User Responsibilities and Acceptable Use Lawful Use: You agree to use AI features solely for lawful, assistive, and creative purposes. | 136 | Consequently, results may contain inaccuracies, biases, or "hallucinations". 13.3 User Responsibilities and Acceptable Use Lawful Use: You agree to use AI features solely for lawful, assistive, and creative purposes. |
| 129 | Prohibited Reliance: AI features, including Chat/Q&A, are not a substitute for professional advice. | 141 | Prohibited Reliance: AI features, including Q&A/Chat, are not a substitute for professional advice. |
| 130 | Do not rely on AI outputs for medical, legal, financial, or safety-critical decisions. 13. 4 Intellectual Property Rights Ownership of Technology: You acknowledge that the AI algorithms, models, voice processing software, and underlying technologies consist of proprietary information belonging to Anker Innovations and/or its third-party licensors and providers. | 142 | Do not rely on AI outputs for medical, legal, financial, or safety-critical decisions. 13.4 Intellectual Property Rights Ownership of Technology: You acknowledge that the AI algorithms, models, voice processing software, and underlying technologies consist of proprietary information belonging to Anker and/or its third-party licensors and providers. |
| 138 | General Disclaimer: To the fullest extent permitted by applicable law, all AI and voice features are provided "as is" and "as available." Anker Innovations makes no representations or warranties of any kind, express or implied, regarding the accuracy, responsiveness, reliability, suitability, or non-infringement of any AI-generated content or voice command interpretation. | 150 | General Disclaimer: To the fullest extent permitted by applicable law, all AI and voice features are provided "as is" and "as available." Anker makes no representations or warranties of any kind, express or implied, regarding the accuracy, responsiveness, reliability, suitability, or non-infringement of any AI-generated content or voice command interpretation. |
| 140 | If you believe any AI output violates these standards or infringes upon your rights, please contact us at DPO@anker.com. 14. | 152 | If you believe any AI output violates these standards or infringes upon your rights, please contact us at dpo@anker.com. 14. |
| 142 | If you do not think they are reasonable, you must not use Anker’s Services. 15 . | 154 | If you do not think they are reasonable, you must not use Anker’s Services. 15. |
| 150 | Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Agreement will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as us and Anker Companies. 16 . | 162 | Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Agreement will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as us and Anker Companies. 16. |
| 151 | Indemnity Without limiting any indemnification provision of this Agreement, you (the "Indemnitor") agree to defend, indemnify, and hold harmless us and Anker Companies (collectively, the "Indemnitees") from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, "Claim", and collectively, "Claims"), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to us, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of Anker’s Services or Products; (iv) your provision to us or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (vi) your violations of Section 8 regarding prohibited uses of Anker’s Services and other prohibited conduct; or (vii) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. | 163 | Indemnity 16.1 Indemnification Obligation You agree to indemnify, defend, and hold harmless Anker and the Anker Companies, and their respective officers, directors, employees, agents, and representatives (collectively, the "Indemnitees"), from and against any and all third-party claims, demands, actions, suits, losses, liabilities, damages, judgments, awards, penalties, fines, costs, and expenses (including reasonable attorneys' fees and court costs) (collectively, "Claims") arising out of or relating to: (a) your breach of any material term of this Agreement, including, without limitation, any representation or warranty made by you in this Agreement; (b) your violation of Section 8 (Prohibited Conduct); (c) your infringement, misappropriation, or violation of any third party's intellectual property, privacy, publicity, or other proprietary rights; or (d) any User Content (as defined in Section 9) that you submit, post, upload, or transmit through Anker's Services. |
| 152 | The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. | 164 | (e) your misuse of any Anker product in a manner that is inconsistent with such product's applicable documentation, safety instructions, or intended use, where such misuse gives rise to a third-party claim against any Indemnitee. 16.2 Exclusions Notwithstanding Section 16.1, you shall have no obligation to indemnify any Indemnitee under this Agreement for any Claim to the extent such Claim arises out of or relates to: (a) such Indemnitee's breach of this Agreement; (b) such Indemnitee's violation of applicable law; (c) such Indemnitee's gross negligence, recklessness, or willful misconduct; or (d) any matter for which indemnification by a consumer is prohibited by applicable law. 16.3 Procedure (a) We reserve the right, at our sole option and expense, to assume the exclusive defense and control of any Claim subject to indemnification under this Section 16. |
| 153 | You may not settle any Claim without the prior written consent of the concerned Anker Companies. 17 . | 165 | If we elect to assume such defense and control, we shall bear our own costs of defense (including our choice of legal counsel), and you agree to cooperate fully with us in connection with such defense. |
| 154 | Termination 17 .1 Termination Without limiting any other provision of this Agreement, we reserve the right to, in our sole discretion and without notice or liability, deny the use of Anker’s Services to any person for any reason or no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. | 166 | (b) If we do not elect to assume the defense and control of a Claim, you shall diligently and in good faith defend the Claim, keep us reasonably informed of the status of the Claim, and provide us with copies of all material correspondence and pleadings relating to the Claim. |
| 167 | We may participate in the defense through counsel of our choice at our own expense. | ||
| 168 | (c) You shall not consent to the entry of any judgment, or enter into any settlement, that (i) imposes any liability, monetary or non-monetary, on any Indemnitee; (ii) admits any fault or wrongdoing on the part of any Indemnitee; or (iii) imposes any restriction on the business or operations of any Indemnitee, in each case without our prior written consent, such consent not to be unreasonably withheld, conditioned, or delayed. 16.4 Limitation The obligations set forth in this Section 16 are subject to, and shall not limit or exclude, any mandatory rights or protections you may have under the consumer protection laws of your country of residence. | ||
| 169 | To the extent that any provision of this Section 16 is prohibited or unenforceable under applicable law, it shall be deemed modified solely to the extent necessary to comply with such law, and the remainder of this Section 16 shall remain in full force and effect. 17. | ||
| 170 | Termination 17.1 Termination Without limiting any other provision of this Agreement, we reserve the right to, in our sole discretion and without notice or liability, deny the use of Anker’s Services to any person for any reason or no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. | ||
| 156 | Such termination shall be automatic and shall not require any action by us. 17 .2 Effect of Termination Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use Anker’s Services. | 172 | Such termination shall be automatic and shall not require any action by us. 17.2 Effect of Termination Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use Anker’s Services. |
| 157 | Upon termination, we may, but has no obligation to, in our sole discretion, rescind any Services and/or delete from our systems all your Personal Information and any other files or information that you made available to us or that otherwise relate to your use of Anker’s Services. | 173 | Upon termination, we may, but have no obligation to, in our sole discretion, rescind any Services and/or delete from our systems all your Personal Information and any other files or information that you made available to us or that otherwise relate to your use of Anker’s Services. |
| 159 | After termination, we reserve the right to exercise whatever means it deems necessary to prevent your unauthorized use of Anker’s Services, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider. 17 . 3 Survival Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of this Agreement: Sections 1-4 and 7–21. 18 . | 175 | After termination, we reserve the right to exercise whatever means it deems necessary to prevent your unauthorized use of Anker’s Services, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider. 17.3 Survival Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of this Agreement: Sections 1-4 and 7–21. 18. |
| 160 | Dispute Resolution 18 .1 This Agreement and your relationship with us are governed by the applicable law in your region, without reference to conflict of laws. 18 .2 Any dispute, controversy, or claim arising out of or relating to this Agreement, or the interpretation, breach, termination or validity hereof, shall first be subject to resolution through consultation between the parties to such dispute, controversy or claim. | 176 | Dispute Resolution 18.1 Applicable Law This Agreement and your relationship with us are governed by the applicable law in your region, without regard to conflict of laws principles. 18.2 Arbitration For Residents of the United States : PLEASE READ THIS SECTION CAREFULLY, AS IT MAY AFFECT YOUR AND OUR LEGAL RIGHTS. |
| 161 | Such consultation shall begin within seven (7) days after one party has delivered to one or more parties a written request for such consultation. | 177 | BY ACCEPTING AND AGREEING TO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO BRING CLASS ACTIONS AND AGREEING TO BINDING INDIVIDUAL ARBITRATION. |
| 162 | If within thirty (30) days following the commencement of such consultation the dispute cannot be resolved, the dispute shall be submitted to arbitration by the Singapore International Arbitration Centre (SIAC) under the SIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. | 178 | Any dispute, claim, or controversy between you and us, including, but not limited to, any dispute, claim, or controversy in any way arising out of, relating to, or connected with this Agreement, the breach thereof, your use of Anker’s Services, your creation, use, or subscription to an account, your purchase of an Anker product, or our relationship with you, including claims that accrued before you entered into this Agreement, shall be resolved by binding individual arbitration administered by the American Arbitration Association (the “AAA”) in accordance with AAA’s Consumer Arbitration Rules (the “AAA Rules”), except as modified herein. |
| 163 | The law of this arbitration clause shall be the applicable law of this agreement. | 179 | A copy of the AAA Rules can be found at https://www.adr.org/rules-forms-and-fees/consumer/ . |
| 164 | The seat of arbitration shall be in Singapore. | 180 | If for any reason the AAA is unavailable or unwilling to administer the arbitration consistent with this Section 18.2, you and we shall agree on an alternative provider to administer the arbitration consistent with the AAA Rules (as modified by this Section 18.2). |
| 165 | The arbitration proceedings shall be conducted in either Chinese or English, subject to the selection of the arbitrator. 19 . | 181 | You may obtain more information about arbitration, the AAA Rules, and download or copy a Demand for Arbitration Form to initiate arbitration at www.adr.org or by calling the AAA at 1-800-778-7879. |
| 182 | The AAA Rules provide that all consumers who agree to mandatory arbitration retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of the small claims court. | ||
| 183 | You have and retain this right under this Agreement. | ||
| 184 | In arbitration, a neutral decision maker (called an arbitrator), instead of a judge or jury, will hear both sides of a dispute and issue a binding decision. | ||
| 185 | The arbitrator is selected in accordance with the AAA Rules. | ||
| 186 | The procedures are streamlined in arbitration, including less discovery and appellate review, to help ensure dispute resolution is less burdensome and more cost-effective for everyone. | ||
| 187 | Decisions of the arbitrator are enforceable like orders of a court and are subject to very limited review by courts. | ||
| 188 | Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. | ||
| 189 | In arbitration, the parties have the right to be represented by attorneys or other representatives at their own expense. | ||
| 190 | There is, however, no requirement that a party must use an attorney or other representative to participate in the arbitration. | ||
| 191 | If you choose to be represented by an attorney during the arbitration proceedings, you will pay your own attorneys’ fees and costs. | ||
| 192 | If the law applicable to the dispute allows the arbitrator to award attorneys’ fees to the prevailing party, this Agreement allows the arbitrator to do so, and nothing in this Agreement precludes the arbitrator from doing so. | ||
| 193 | A Party seeking to initiate arbitration must provide the other Party with a written demand for arbitration as specified in the AAA Rules. | ||
| 194 | Any in-person arbitration hearing or conference will be conducted in the county where you reside or at another location that is reasonably convenient to you. | ||
| 195 | All arbitration fees shall be determined by the AAA Rules. | ||
| 196 | However, if paying the AAA filing fee (currently $225) poses a hardship for you, please indicate that in your Notice of Arbitration, and Anker will advance the consumer's share of the filing fee upon reasonable request. | ||
| 197 | You and we agree that the Federal Arbitration Act, 9 U.S.C. § 1, et seq. | ||
| 198 | (the “FAA”), including its procedural provisions, governs the interpretation and enforcement of this agreement to arbitrate. | ||
| 199 | This means that the FAA governs, among other things, the interpretation and enforcement of this provision requiring mandatory arbitration, including the class action waiver discussed below. | ||
| 200 | The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of the Agreement, including this Section 18.2 specifically, including, but not limited to, the interpretation, applicability, enforceability, or formation of this Section 18.2, the arbitrator’s jurisdiction, and any claim that all or any part of this Agreement or this Section 18.2 is unenforceable, void, or voidable. | ||
| 201 | YOU HAVE THE RIGHT TO OPT OUT OF AND NOT BE BOUND BY THIS AGREEMENT TO ARBITRATE BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO THE FOLLOWING EMAIL ADDRESS: legal@anker.com , using the subject line “Arbitration Opt-Out.” The Opt-Out Notice must state that you do not agree to this agreement to arbitrate and must identify your name, mailing/physical address, email address, telephone number, any Anker products you have purchased, any Account you have created, used, or subscribed to, and any Anker Services you have used. | ||
| 202 | THE NOTICE MUST BE SENT WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST PURCHASED AN ANKER PRODUCT, CREATED, USED, OR SUBSCRIBED TO AN ACCOUNT, OR USED ANKER’S SERVICES (or if you already purchased an Anker product, created, used, or subscribed to an Account, or used Ankers ’ Services as of the date of this version of the Agreement, then within 30 days following the date of this Agreement); otherwise, you shall be bound to arbitrate disputes in accordance with the provisions of this Section 18.2. CLASS ACTION WAIVER : YOU AND WE AGREE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THAT WE EACH MAY BRING A CLAIM OR CLAIM AGAINST EACH OTHER IN ARBITRATION ONLY ON AN INDIVIDUAL BASIS. | ||
| 203 | This means that unless both you and we expressly agree in writing, the arbitrator shall not have authority to conduct any class, collective, consolidated, or representative proceeding, or to combine, consolidate, or join the claims of more than one person or entity in a single arbitration. | ||
| 204 | In other words, to the fullest extent permitted by applicable law, you and we agree to waive the right to bring, participate in, join, or maintain any dispute, controversy, or claim as a plaintiff, claimant, class member, or representative in any class action, collective action, consolidated action, representative action, or any other proceeding brought on behalf of the general public or any other person. | ||
| 205 | To the fullest extent permitted by applicable law, the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim and may not award relief for or against any person who is not a party to the individual arbitration. | ||
| 206 | Except as provided for in this paragraph, the arbitrator is empowered to grant all remedies and relief that a party would be entitled to in a court of law or equity under applicable law, including, without limitation, appropriate declaratory or injunctive relief. | ||
| 207 | To the extent an arbitrator determines that a class or collective action or representative claim may not be waived, you and we agree to stay any such claims until after all claims subject to arbitration are fully resolved. | ||
| 208 | This Section 18.2 shall survive termination of your relationship with us, including, but not limited to, termination of your use of any Anker Services or Account. | ||
| 209 | For Users Outside the United States : If you reside in a jurisdiction where mandatory pre-dispute arbitration is prohibited by applicable consumer protection law (including, but not limited to, the European Union, the European Economic Area, the United Kingdom, Canada, Australia, and New Zealand), nothing in this Section 18 shall be construed to require you to arbitrate any dispute if, and solely to the extent that, such requirement is prohibited or unenforceable under the mandatory laws of your country of residence. | ||
| 210 | In such cases, any dispute, claim, or controversy between you and us shall be submitted to the courts of competent jurisdiction in your country of residence, and shall be governed by the applicable laws of your country of residence. | ||
| 211 | For all other users outside the United States whose country of residence does not prohibit mandatory pre-dispute arbitration, any dispute, controversy, or claim arising out of or relating to this Agreement, or the interpretation, breach, termination, or validity hereof, shall first be subject to resolution through consultation between the parties. | ||
| 212 | Such consultation shall begin within seven (7) days after one party has delivered to the other a written request for such consultation. | ||
| 213 | If within thirty (30) days following the commencement of such consultation the dispute cannot be resolved, the dispute shall be submitted to arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the SIAC Rules in effect when the Notice of Arbitration is submitted. | ||
| 214 | The seat of arbitration shall be Singapore. | ||
| 215 | The arbitration proceedings shall be conducted in English. | ||
| 216 | The law of this arbitration clause shall be Singapore law. | ||
| 217 | For the avoidance of doubt, this Section 18 does not, and shall not be construed to, limit or exclude any mandatory rights or protections you may have under the consumer protection laws of your country of residence, including any right to bring proceedings in the courts of your country of residence where such right cannot be waived by contract. 18.3 Individual Basis Only; Class Action Waiver IF THE ARBITRATION PROVISION IN SECTION 18.2 IS FOUND TO BE UNENFORCEABLE OR UNLAWFUL , OR OTHERWISE DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT Any dispute, claim, or controversy between you and us, including, but not limited to, any dispute, claim, or controversy in any way arising out of, relating to, or connected with this Agreement, the breach thereof, your use of Anker’s Services, your creation, use, or subscription to an account, your purchase of an Anker product, or our relationship with you, SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS IN A COURT OF COMPETENT JURISDICTION . | ||
| 218 | This means that, to the fullest extent permitted by applicable law, if the arbitration provision in Section 18.2 is found to be unenforceable or unlawful , you and Anker each waive the right to bring, participate in, join, or maintain any dispute, controversy, or claim as a plaintiff, claimant, class member, or representative in any class action, collective action, consolidated action, representative action, or any other proceeding brought on behalf of the general public or any other person. 19. | ||
| 167 | To ensure your device operates securely, reliably, and remains equipped with the latest features, we will periodically provide firmware and software updates updates (collectively, "Updates"). | 220 | To ensure your device operates securely, reliably, and remains equipped with the latest features, we will periodically provide firmware and software updates (collectively, "Updates"). |
| 181 | You shall give any notice to us by submitting said notice to us at support@anker.com. 21 . | 234 | You shall give any notice to us by submitting said notice to us at support@anker.com. 21. |
| 182 | Miscellaneous 21 .1 Assignment We may transfer, sub-contract or otherwise deal with our rights and/or obligations under the Agreement without notifying you or obtaining your consent. | 235 | Miscellaneous 21.1 Assignment We may transfer, sub-contract or otherwise deal with our rights and/or obligations under the Agreement without notifying you or obtaining your consent. |
| 183 | You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the Agreement. 21 .2 Severability If a provision of the Agreement. is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. | 236 | You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the Agreement. 21.2 Severability If a provision of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. |
| 184 | If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 21 .3 No Waiver A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach. 21 . 4 Independent Contractors You and we are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. 21 .5 No Third-Party Beneficiaries There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties, Indemnities, and our licensors and suppliers (to the extent expressly stated in this Agreement). 21 .6 Entire Agreement This Terms of Use, together with our privacy policies, constitute the entire agreement between you and us in relation to your use of Anker’s Services, and supersede all previous agreements in respect of your use of Anker’s Services. 21 .7 Changes to the Agreement If we decide to change the Agreement, we will update the modification date at the beginning of the Agreement. | 237 | If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 21.3 No Waiver A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach. 21.4 Independent Contractors You and we are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. 21.5 No Third-Party Beneficiaries There are no third-party beneficiaries to this Agreement, with the following exceptions: the Anker Companies, Indemnitees, and our licensors and suppliers (to the extent expressly stated in this Agreement). 21.6 Entire Agreement These Terms of Use, together with our Privacy Notice and Cookie Notice , constitute the entire agreement between you and us in relation to your use of Anker’s Services, your creation, use, and/or subscription of or to an Account, and your purchase of an Anker product and supersede all previous agreements in respect of your use of Anker’s Services. 21.7 Changes to the Agreement If we decide to change the Agreement, we will update the modification date at the beginning of the Agreement. |
| 185 | If the change is material, we will provide you with notice pursuant to Section 20. 21 .8 Contact Us If you have any questions about our Terms of Use, please contact us at support@anker.com. | 238 | If the change is material, we will provide you with notice pursuant to Section 20, if you have an email on file with us; otherwise, we will post a notice on our websites and our apps notifying you that material changes have been made to this Agreement. 21.8 Anker Contracting Entities and Contacts (a) How Your Contracting Entity Is Determined The Anker entity with which you are contracting depends on how you interact with us. |
| 186 | Anker Companies List Company’s Name Contact details Fantasia Trading LLC 5350 Ontario Mills Pkwy, Suite 100, Ontario, CA 91764 Anker Technology (UK) Ltd. 205 Kings Road, Fairgate House Suite B B11 2AA Birmingham +49 (0) 69 9579 7960 Anker Innovations Deutschland GmbH Prinzenallee 15,40549 Dusseldorf Anker Innovations (Netherlands) B.V. Wilhelminakade 1, 103, 3072AP Rotterdam Anker Technology (SG) Pte., Ltd. 112 Robinson Road #03-01 Roginson 112 Singapore Anker innovation Australia Pty. | 239 | The specific entity responsible for your transaction or use of our Services will be identified: (i) for product purchases — in your order confirmation or invoice; (ii) for app downloads and in-app services — the default entity for your region as set out in paragraph (d), unless a different entity is specified in your order confirmation, invoice, or other transaction document; and (iii) for general website and account use — the default entity for your region as set out in paragraph (d). |
| 187 | LTD. | 240 | If no specific entity is identified under (i) or (ii), the default entity for your region as set out in paragraph (d) shall apply. |
| 188 | Suite 103 44 Lakeview Drive Scoresby VIC 3179 Anker Innovations Canada Co., LTD 201, 856 Homer Street, Vancouver, BC Anker Innovations Limited Unit 56, 8th Floor, Tower 2, Admiralty Centre, 18 Harcourt Road, Hong Kong. | 241 | (b) Anker SOLIX Products For Anker SOLIX products, websites, applications, and services, the applicable contracting entity is the Anker Solix entity for your region as identified in paragraph (d). |
| 242 | (c) No Liability of Other Group Entities To the maximum extent permitted by applicable law, the Anker contracting entity identified for your transaction is the sole entity responsible for the obligations and liabilities arising from that transaction under this Agreement. | ||
| 243 | No other Anker group entity (including any parent, subsidiary, affiliate, or related company) shall have any liability to you under or in connection with this Agreement or any transaction governed by it. | ||
| 244 | You agree not to bring any claim against any Anker group entity other than the specific contracting entity identified for your transaction. | ||
| 245 | For the avoidance of doubt, this paragraph (c) governs your and our contractual rights and obligations under this Agreement only. | ||
| 246 | It does not affect the rights you may have under applicable data protection laws, nor does it determine which Anker entity or entities qualify as a data controller under such laws. | ||
| 247 | For information about which entity or entities control your personal data, please refer to our Privacy Notice . | ||
| 248 | (d) Default Contracting Entity by Region Your Region Default Entity (Non-SOLIX) Registered Address SOLIX Entity Registered Address Governing Law United States Fantasia Trading LLC 10800 NE 8th St #900, Bellevue, WA 98004 Anker Solix Limited 5350 Ontario Mills Pkwy Ste 100, Ontario, CA 91764-5137 California law, subject to FAA United Kingdom Anker Technology (UK) Ltd. 39 Clarendon Road, Watford, Hertfordshire, WD17 1JA Anker Solix Technology (UK) Ltd. 39 Clarendon Road, Watford, Hertfordshire, WD17 1JA Laws of England and Wales Canada Anker Innovations Canada Co., Ltd. 201, 856 Homer Street, Vancouver, BC V6B 2W5 Anker Innovations Canada Co., Ltd. 201, 856 Homer Street, Vancouver, BC V6B 2W5 Applicable Canadian provincial law Australia Anker Innovation Australia Pty. | ||
| 249 | Ltd. | ||
| 250 | Suite 103, 44 Lakeview Drive, Scoresby VIC 3179 Anker Solix Australia Pty Ltd Suite 605/15, Orion Road, Lane Cove West, NSW 2066 Laws of Australia and relevant state/territory law European Union Anker Innovations (Netherlands) B.V. Wilhelminakade 1, 103, 3072 AP Rotterdam, Netherlands Anker Solix Technology Deutschland GmbH Niederkasseler Lohweg 175, 40547 Düsseldorf, Germany Applicable EU member state law and mandatory consumer protection laws Japan Anker Japan Co., Ltd. 8F, Akasaka Trust Tower, 2-17-22 Akasaka, Minato-ku, Tokyo, Japan N/A N/A Laws of Japan The United Arab Emirates(UAE) Anker Innovation Middle East Trading L.L.C. DSO-HQ-E2-201-205, Dubai Silicon Oasis Dubai, United Arab Emirates N/A N/A Laws of UAE Singapore / Other Asia-Pacific Anker Innovations Singapore Pte Ltd 112 Robinson Road #03-01, Singapore 068902 N/A N/A Singapore law (e) Product-Specific Entities For certain products or services, the applicable contracting entity may differ from the default entity set out in paragraph (d). | ||
| 251 | In such cases, the specific contracting entity will be identified in your order confirmation, invoice, or other applicable transaction document, and that entity shall be the contracting entity for the relevant transaction. | ||
| 252 | (f) Contact If you have any questions about our Terms of Use, please contact us at support@anker.com. | ||
| 253 | Nothing in this Agreement limits or excludes any mandatory rights or protections you may have under applicable consumer protection laws. | ||
| 254 | If more than one country, region, product, or service may apply to you, the applicable contracting entity and governing law shall be determined primarily by the country or region associated with your Account profile, billing address, or shipping address, or, where none of the foregoing applies, by the transaction most closely connected to your interaction with us. | ||
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