PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES.
PLEASE MAINTAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
These Terms of Service
(“TOS”) apply to (1) XProject Sync Web Connect and (2) Online Functions (collectively called “Service” or “Services”), both of which are online services licensed and provided to you by Bear Technology, Ltd.,
a Vietnamese company ("BearTech").
The Service consists of Apps and software licensed to you by BearTech and its suppliers (the "Software"). Any terms that only apply to either of the Services shall be individually specified within the TOS.
These TOS set out the terms governing your use of the Service, and describes how you may use the Service, what BearTech’s responsibilities are related to the Service and your responsibilities for what you can do with the Service and related features.
PLEASE REVIEW THIS TOS CAREFULLY. IN ORDER TO USE THE SERVICE, YOU MUST ENTER INTO THIS TOS BY CLICKING THE ACCEPT BUTTON. YOU AGREE THAT THIS TOS COVERS ALL OF YOUR USE OF THE SERVICE. FURTHERMORE, BY CONTINUING TO USE THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS TOS AND ANY NEW VERSIONS HEREOF. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS TOS, CLICK THE CANCEL BUTTON AND YOU WILL NOT BE ABLE TO USE THE SERVICE.
By "you", we mean the individual or entity (such as a company or organization) that uses the Service containing the Software. An individual who accepts this TOS on behalf of an entity represents to BearTech that he or she has the legal right to enter into a binding legal agreement for that entity.
1. ACCEPTANCE
By using the Service, you agree, without limitation or qualification, to be bound by, and to comply with, this TOS and any other posted guidelines or rules applicable to any individual software, website, product or service, which you can find the latest versions here [https://xproject.beartech.vn/]. BearTech reserves the right to amend this TOS in the case as set forth in Article 17 of this TOS.
2. LICENSE AND FEES
Subject to the terms of this TOS, BearTech hereby grants you a limited, personal, non-sublicensable, non-transferable, revocable and nonexclusive license or right to use and access the Services. The Software and Services must be used in accordance with any instructions provided to you by BearTech. You may not use the Software for any other purpose except as set forth in the instructions and documentation, and as intended by BearTech in connection with the Services.
You agree to be responsible for all fees and charges incurred through your usage of Services. In particular, you agree to be responsible for all fees, charges, taxes, etc. imposed by your data transmission (Internet) providers, whether through BearTech or a third party, for data transmission, data storage or as otherwise used by you to access the Services.
3. LICENSE RESTRICTIONS
The Software and Services are licensed, not sold to you, and are licensed only for your use. As between BearTech and you, BearTech is the owner or rightful licensor of the Software and all components therein, and you have no rights in or to the Software other than the limited license granted to you in this TOS. You may not sell, assign, rent, lease, distribute, export, act as an intermediary or provider, or otherwise grant rights to third parties with regard to all or any part of the Software or Services. You may not (i) make any copies (ii) analyze , modify, alter, reverse-engineer, decompile, reverse-assemble or disassemble, unlock or otherwise attempt to discover the source code, underlying algorithms, structure or sequence, or otherwise hack the Software, and have no rights to modify, adapt, translate, or create derivate works of the Software or Services or merge the Software into any other software.
4. SUPPORT AND UPDATES
BearTech reserves the right at its sole discretion, and with or without notice to you, to add or remove features or functions to or from the Service, or to provide programming fixes, enhancements, updates and upgrades, to the Software (collectively "Updates"). You agree that BearTech has no obligation to provide you with Updates or make available to you any subsequent versions of the Software. You also agree that you may have to enter into a renewed version of this TOS if you want to use an Update. Your license to an existing version of the Software may, at BearTech’s sole discretion, expire when new versions of the Software are released. You acknowledge and agree that BearTech, in its sole discretion, may modify, discontinue or suspend your ability to use any version of the Software or the Service, and/or disable any Software you may already have accessed or installed without any notice to you, for the repair, improvement, and/or upgrade of the underlying technology.
5. CONDITIONS AND RESTRICTIONS ON USE
Use of the Service is subject to compliance with this TOS. You acknowledge and agree that BearTech may terminate your access to the Service should you fail to comply with the terms of the TOS or any other reasonable guidelines and rules published and communicated to you via BearTech Online by BearTech. Any such termination shall be in BearTech’s sole discretion and may occur without prior notice, or any notice. BearTech further reserves the right to terminate your access to the Service for any conduct that BearTech, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to BearTech or its parent company, subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. BearTech further reserves the right to terminate your access to the Service for any reason in BearTech’s sole discretion, without prior notice, or any notice. In order to use the Service, you must have and provide at your own expense, access to the Internet.
6. USER CONDUCT AND CONTENT
You acknowledge and agree that all information, documents, presentations, data, text, photographs, pictures, graphics, images, videos, files, or other materials ("Content"), whether publicly posted or privately transmitted, that you print, upload, post, store, transmit, or otherwise disseminate using, or in connection with, the Service ("Your Content") is your sole responsibility and you will be solely responsible for any damage to any party resulting therefrom. This means that you, and not BearTech, are entirely responsible for Your Content. For the avoidance of doubt, Your Content does not include any Content supplied to you by BearTech and/or its affiliates. Under no circumstances will BearTech be liable in any way for any user or third-party Content, including, but not limited to, any errors or omissions in any such Content, or any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Service.
7. PROHIBITED CONDUCT
You agree that you will not use the Service to:
a. Print, upload, post, display, or otherwise transmit any Content, or select any user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
b. Print, upload, post, display, or otherwise transmit any Content that promotes, advocates, assists, incites, instructs, or otherwise encourages violence or any illegal activity, including without limitation the provision of instructions for illegal activity.
c. Collect or store personally identifying information about other Service users for unlawful purposes.
d. Print, upload, post, display, or otherwise transmit any Content that you do not have a right to transmit or use under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
e. Print, upload, post, display, or otherwise transmit any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement.
You acknowledge and agree that BearTech and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Service at any time, for any reason, with or without notice. Without limitation, BearTech and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the TOS or is otherwise objectionable as determined by BearTech, in its sole discretion. BearTech may also terminate access to the Service, or any portion thereof, for violating this TOS.
8. THIRD PARTY’S SERVICES
Use of the Services may involve utilizing third-party services and applications (including but not limited to cloud storage services) (collectively, "Third-Party Services") at your own discretion. The Third-Party Services are governed by the terms and conditions separately defined and provided by the third party. Use of such Third-Party Services is absolutely at your own risk and discretion, and therefore BearTech shall not have any responsibility to secure a minimum volume or space for storage of files and data, even if you do not have enough volume or space when you attempt to transfer your files and data to or from the Third-Party Services. Furthermore, BearTech shall not be liable for any errors, losses, or damages incurred to you and your property (including any data you upload or attempt to upload), whether visible or not, as a result of connection of the SOFTWARE with the Third-Party Services, including but not limited to losses or damages caused:
i) To any files and data when you have attempted to upload, download or otherwise transfer them to or from the Third-Party Services,
ii) By any change of designs, functions, structures or specifications of Third-Party Services,
iii) Any renewal or termination of Third-Party Services,
iv) By any uploads or disclosures of personal information you possess (whether intentionally or not, and regardless of whether you have uploaded or disclosed such personal information by knowing or not knowing the risk that such personal information may be disclosed and provided to an unspecified number of third parties in the world through Internet services), or
v) By any malfunctions or errors caused by or from the use of your computers, hardware devices, or software.
9. DISCLAIMER REGARDING THIRD PARTY CONTENT
You may have access to Content posted, uploaded, displayed or otherwise transmitted by third parties ("Third Party Content") during your use of the Service. Third Party Content accessible through the Service from such sources is developed by people over whom BearTech exercises no control. BearTech cannot and does not screen the Third Party Content before it is uploaded by a user and made accessible to other users of the Service. Accordingly, BearTech assumes no responsibility for the Third Party Content accessible through the Service.
10. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BearTech DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BearTech DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY IN THE SERVICE. BearTech DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM PRINTING, UPLOADING, POSTING, DISPLAYING, TRANSMITTING, DOWNLOADING, DELETING, OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICE INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED, ACCESSIBLE OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF OR ACCESSIBILITY TO SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL BearTech OR ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THE USE OR MISUSE OF AND RELIANCE ON THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF BearTech HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, LOST PROFITS, LOST DATA OR BUSINESS INTERUPTION. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR ANY INFORMATION THAT APPEARS ON OR IS LINKED OR RELATED IN ANY WAY TO THE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT STORED THROUGH THE SERVICE. UNDER NO CIRCUMSTANCES SHALL BearTech BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NONPERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS TOS SHALL LIMIT OR EXCLUDE BearTech’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED OR ARE LIMITED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE PERFORMANCE OF THE SOFTWARE OR SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SOFTWARE AND SERVICE.
12. NO LICENSE; INTELLECTUAL PROPERTY OF BearTech AND OTHERS
Except as expressly provided, nothing within the Service shall be construed as conferring to you or any other user any license to any BearTech intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that the Software available through and used to operate the Service is protected by copyright, trademark, patent, or other proprietary rights of BearTech and its parent company, affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by BearTech in connection with the Service. You agree not to hold yourself out as in any way sponsored by, affiliated with, employed by or endorsed by BearTech, its affiliates, or any of its service providers. You agree not to use any of the trademarks or service marks or other content accessible through the Service for any purpose other than the purpose for which such content is made available to users by BearTech. You agree not to defame or disparage BearTech, the trademarks or service marks of BearTech, or any aspect of the Service.
13. COPYRIGHT AND TRADEMARK NOTICES
BearTech and the BearTech logo are all registered or unregistered trademarks of BearTech or parent, its affiliates. All other marks that appear throughout the Service belong to BearTech, users of the Service, or the respective owners of such marks, and are protected by applicable copyright and trademark laws and international treaties. Any use of any of the marks appearing throughout the Service without the express written consent of BearTech or the owner of the mark, as appropriate, is strictly prohibited.
14. DATA
The Service may include remote access of stored data and the ability to share with other users. By using this Service, you or any user you authorize may remotely access and transfer files to and from the Service.
BearTech is not responsible for use and/or transfer of data or any workflow function by you or your authorized users. You are solely responsible for any use of the remote access functions and any resulting use of data accessed.
You may only access and/or use data posted by you or your assigned users. You shall only use such data in compliance with applicable laws.
If you are using the Services you are solely responsible for creating a backup or copy all of your data or materials stored through the Service prior to cancellation or termination of your subscription to or use of the Service. If your Service is discontinued for any reason (non-renewal, non-payment, etc.), BearTech will permanently delete your account and all data or materials stored via Services. BearTech shall not be liable for any loss created due to deletion of your data or materials.
15. INDEMNITY AND RELEASE
By using the Service you agree to indemnify BearTech, its parent company, subsidiaries, and affiliates, and each of their directors, officers, agents and employees ("BearTech Indemnified Parties") and hold them harmless from any and all claims, damages, liabilities, and costs and expenses, including attorney's fees, arising from your use of the Service, Your Content, or from any person's use of any account or password you maintain with the Service, regardless of whether such use is authorized by you. By using the Service or uploading Your Content to the Service, you hereby release the BearTech Indemnified Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to the Service or Your Content uploaded to the Service.
16. GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the Service, all legal issues arising from or related to the use of the Service shall be construed in accordance with, and all questions with respect thereto shall be determined by Japanese law. The courts of Japan shall be the exclusive forum and venue to resolve disputes arising out of or relating to this TOS or any user's use of the Service. By using the Service and thereby agreeing to this TOS, users consent to personal jurisdiction and venue in the courts in Japan with respect to all such disputes.
17. CHANGES IN AGREEMENT AND CHANGES IN PRODUCTS
Amendments and modifications to this TOS may be made without your prior consent in the cases: A) when the amendments or modifications are in your general interest, or B) when the amendments or modification are rational and reasonable and do not conflict with the purpose of this TOS. Notwithstanding the foregoing, in principle, the contents of the amendments or modifications shall be published on BearTech's website or by any other appropriate methods and be notified before the effective date of the amendments or modifications, and enter into effect from the date that is separately specified in the notification.
18. ENTIRE AGREEMENT
This TOS constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between BearTech and you with respect to the subject matter hereof.
19. NON-WAIVER AND SEPARABILITY
BearTech’s failure to exercise any right or provision of this TOS shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of this TOS to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of this TOS remain in full force and effect.
20. RELATIONSHIP OF PARTIES
You acknowledge and agree that nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship between you and BearTech. Neither party has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
21. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under this TOS without prior express written authorization of BearTech.
22. TERMINATION; SURVIVAL
This TOS shall continue in effect for as long as you use the Service, unless specifically terminated earlier by BearTech. In case you start using this Service after you cease using the Service for any time period, you agree that the latest version of this TOS shall take effect. All provisions of this TOS which impose obligations continuing in their nature shall survive termination of this TOS. Upon termination of this TOS, you must immediately cease using the Service. Your rights to use and access the Service shall immediately cease upon termination of this TOS. No refund shall be due to you from BearTech in the event of any termination of this TOS, for any reason, that occurs prior to the end of any period for which you have already paid for the Service. Your rights to access any and all data submitted to or accessed by you in connection with the Services shall terminate immediately upon termination or expiry of the Services in accordance with these TOS and BearTech reserves the right to delete any such data files connected with your use of the Services which may be in BearTech’s possession or control.
23. COMMUNICATIONS WITH USERS
BearTech reserves the right to communicate with you regarding your use of the Service through electronic or other means.
24. VIOLATIONS OF AGREEMENT
If in the event you violate TOS or if BearTech has reason to believe that you may violate this TOS or any other rights of BearTech, in addition to any other rights granted under this TOS, BearTech reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all of your accounts on the Service.
Privacy Policy
This Privacy Policy forms a part of the TOS and governs your use of (1) XProject Sync Web Connect and (2) Online Functions (collectively called “Service” or “Services”), both of which are online services licensed and provided to you by Bear Technology company, Ltd. (“BearTech”). The Service consists of Apps and software licensed to you by BearTech and its suppliers (the "Software"). Any terms that only apply to either of the Services shall be individually specified within the TOS.
Terms used but not defined herein shall have the respective meanings given to them in the TOS.
By using the Service, you understand, acknowledge, and agree that Your Content (including, but not limited to, the data that you print, copy, edit, or transmit through the Service, along with the User Data described below) may be sent, hosted, cached, recorded, copied, displayed, transferred, changed, edited, uploaded, or downloaded by BearTech.
Your Content that you print, copy, edit, or transmit through the Service will remain in our server for a limited time as cache data. BearTech does not store Your Content and such data will be automatically deleted 24 hours after being processed. In case any personal information is included in Your Content, BearTech may use it without identifying you, and only for the purpose of processing your request. BearTech will not disclose your Personal Information without your prior consent.
For XProject Sync Web Connect Users only
1. Using Third Party Cloud Services
BearTech uses application programming interfaces (“APIs”) of third-party cloud services (including, but not limited to, Google Drive™, Dropbox, SharePoint, OneDrive, OneNote, Expensify, Box, and Evernote; collectively, “Third-Party Cloud Services”) to provide access, use, or storage of files and folders in or to your Third-Party Cloud Services (“User Data”) through your BearTech products (including, but not limited to, printers and multi-function products) for which the Services will be used (“XProject Sync Application”).
BearTech is responsible for the privacy, security, and integrity of User Data that we collect, access, store, or process in any way. We only perform these functions in accordance with your instructions, only as authorized by you, and only as necessary for the functionality of XProject Sync Web Connect.
(a) How We Access Your User Data
When selecting the Third-Party Cloud Services, you will be directed to a login screen for the applicable Third-Party Cloud Service. After you enter your account information and password of the Third-Party Cloud Service (this process may be skipped if you are already logged in to certain Third-Party Cloud Services), XProject Sync Web Connect will request your approval to access User Data through Third-Party Cloud Service APIs. The degree of access required includes, but is not limited to, reading files and folders, uploading files, and creating new folders on Third-Party Cloud Services only in accordance with your instructions.
Upon your approval, you will be issued a temporary ID, which you will be asked to register on your XProject Sync Application to associate your XProject Sync Application with such Third-Party Cloud Services. BearTech will be issued an access token or other tokens that give us permission to access and process the User Data. Such tokens will be stored in a secure manner and re-used to access User Data until you revoke access.
You must register an account and password (password is optional but recommended) on your XProject Sync Application both of which will be used as an access key for User Data. You must keep your account and password information confidential and secure them from any unauthorized access or use.
(b) How We Use Your User Data
Use of User Data accessed via Third-Party Cloud Service APIs is at your sole discretion. BearTech shall use User Data received from the Third-Party Cloud Service APIs only for the purpose of enabling you to scan and upload documents, upload documents from an external memory device, download and print documents, download and save documents to an external memory device, and FaxForward to Cloud (collectively, “Software Functions”). BearTech shall not use the User Data for any other purpose unless we obtain your prior consent.
Note for Google Drive™:
BearTech’s use of any information received from Google APIs will adhere to Google API Services User Data Policy.
(c) How We Store Your User Data
User Data will remain in our server for a limited time as cache data, and will be stored and processed only to the extent as described previously in this policy.
(d) How We Share Your User Data
User Data shall be kept confidential and will not be shared with any third parties. User Data will not be used for direct marketing by BearTech and will be used only for the purposes outlined in this policy.
2. Log Data
By using XProject Sync Web Connect, information about your printer and its status (including, but not limited to, printer model, regional information, firmware, use of functions, and printer status), and information on how you use XProject Sync Web Connect (collectively, “Log Data”) may be obtained by BearTech. We reserve the right to use the Log Data (i) for the improvement of the SOFTWARE or any other products/services of BearTech, product planning, or any other related activities for our customers’ benefits and (ii) for disclosure to third parties (including government officials or pursuant to any court order) in accordance with applicable law or governmental requests at any time.
Log Data may include some information that may identify you or other persons as individuals, by itself or in combination with other available information (“Personal Information”), for example, IP address or MAC identifiers. In such cases, BearTech will protect your privacy according to the BearTech’s Statement on Device Data < www.BearTech.com/rd/privacy/ > and will not use such Personal Information to identify you or others except for the above purposes.
For Online Functions Users only
1. Registered Addresses
You can register email addresses that are available for using Online Functions (“Registered Addresses”) on the server and for blocking spam emails. BearTech will use them without identifying you and only for the purpose of providing Online Functions. BearTech will not disclose them without your prior consent. When Online Functions terminate, such Registered Addresses shall be deleted promptly.
2. Device Data
When you use Online Functions or when you register with Online Services (as defined in Section 3. Connecting to BearTech Online Services) using Online Functions, information from the XProject Sync Application and the devices connected to the XProject Sync Application (“Device”), including but not limited to, product model, serial number, MAC address, locale ID (regional information), OS type of your installation, firmware, and use of each function of Online Functions, may be recorded in our server. Additionally, the machine status, scan count, and printing information such as printing date, quantity, used template, remaining life of toner/ink cartridge, paper jam information, the type and color of media and its length, etc. (collectively, “Device Data”) may also be recorded in our server. Device Data (except for the serial number) cannot be used by itself or in combination with any other information we may have to identify you as a person. We reserve the right to use such Device Data solely for the improvement of Online Functions or any other products/services of BearTech and our marketing/research activities without identifying you as a person, product planning, or any other related activities for our customer’s benefits (collectively “Purposes”). We will not use your Device Data other than for Purposes without your prior consent.
Device Data includes the serial number of your product. If you register information through our sales company's product registration website, such sales company will hold information which may personally identify you and the product's serial number. However, BearTech will not personally identify you because BearTech will not be provided such information. The serial number will be maintained in strict accordance with BearTech's "Statement on Device Data " which is available at BearTech's Website <http://www.BearTech.com/privacy/device/index.htm >.
Notwithstanding the aforementioned, BearTech or BearTech’s affiliates may ask for your consent (unless previously asked) to use Device Data for various direct marketing purposes in the course of providing our products or services (“Direct Marketing"). Such requests to use Device Data for Direct Marketing purposes shall be made clearly and separately from this TOS. It shall not be construed in any way that you are obliged to consent to the processing of Device Data for Direct Marketing purposes. BearTech shall use or provide to its affiliates the Device Data for Direct Marketing purposes only with your consent, and you will not be deemed to have consented to such purposes solely by agreeing to this TOS.
3. Connecting to BearTech Online Services
BearTech sales companies in your local country or region may provide certain online services that can be registered through Online Functions (“Online Services”). Where Online Services are provided, upon registration, BearTech may issue you a password available only for a certain designated period (“One-time Key”). The One-time Key will be issued by printing it from the XProject Sync Application, and you will be prompted to enter the One-time Key to register your machine with the Online Services. Once the XProject Sync Application is registered, you may also be subject to the privacy policies and terms and conditions of these Online Services. We recommend you read those privacy policies and terms and conditions in advance.
4. Notice about Online Functions
When using Online Functions, your data such as email address may be stored in the XProject Sync Application, and your profile data may be associated with the device ID of the XProject Sync Application. To prevent such data from being transferred to another party, restore all the device settings back to the factory settings before giving away or selling the XProject Sync Application. For details, refer to the device’s User’s Manual on BearTech’s website.
XProject Sync Web Connect Google API User Data Privacy Policy
XProject Sync Web Connect may access, use, or store files and folders stored in your Google Drive™ (collectively called “Google User Data”). BearTech’s use of information received from Google APIs will adhere to Google API Services User Data Policy.
1. How We Access Your Google User Data
The Software will request access to Google User Data. The degree of access required to provide the Software Functions (as defined in section 2, below) includes, but is not limited to, reading files and folders, uploading files, and creating new folders on Google Drive™.
The request for authorization to access Google User Data will be made through Google API.
Upon authorization, you will be asked to authenticate with your Google Account. Upon successful validation at Google API, BearTech will be provided with tokens that will be stored securely in our database. The tokens may be re-used to access Google User Data until you revoke access through your Google Account.
2. How We Use Your Google User Data
Use of Google User Data accessed through Google API is at your sole discretion.
BearTech shall use the Google User Data received from Google APIs only for the purpose of enabling you to scan and upload documents, upload documents from an external memory device, download and print documents, download and save documents to an external memory device, and FaxForward to Cloud (collectively, “Software Functions”). BearTech shall not use the Google User Data for any other purpose unless we obtain your prior consent.
3.How We Store Your Google User Data
When using certain Software Functions, Google User Data will remain in our server for a limited time as cache data. BearTech does not store Google User Data and such data will be automatically deleted 24 hours after being processed. In case any personal information is included in Google User Data, BearTech may use it without identifying you, and only for the purpose of processing your request.
4. How We Share Your Google User Data
Google User Data shall be kept confidential and will not be shared with any third parties. The Google User Data will not be used for direct marketing by BearTech. The Google User Data will be used only for the purposes outlined in this policy.
[September, 2023]