Terms of Use

Ownership of Site and Acceptance of Terms of Use

These Terms and Conditions of Use(the “Terms of Use”) apply to the HeyGears website located at https://www.heygears.com,and all associated sites linked to https://www.heygears.com by HeyGears(collectively, “the Site”) and its subsidiaries and affiliates (collectively, “HeyGears,” “we,” “us” or “our”), and the content, features, materials, software and related documentation, and services available on such websites (such websites, content, features, materials, software and related documentation, and services, collectively, the “Services”). The Site is the property of GUANGZHOU HEYGEARS IMC.INC (“HeyGears”) and its licensors.

IMPORTANT – PLEASE READ CAREFULLY – If you do not agree to these Terms of Use, then you are not authorized to use the Services.

HeyGears reserves the right, at its own discretion, to change, modify, add, or remove portions of this Terms of Use at any time.It is your responsibility to check these Terms of Use periodically for changes.Your continued use of the Site after any changes to the Terms of Use means that you have accepted the changes.

By using the Site, you promise that you are at the age of authority and have all the authority to use the Site. You acknowledge that you have read and understood, and agree to be bound by these Terms of Use; and you agree to comply with all applicable laws and regulations in connection with your u se of the Services. If you u se the Services on behalf of a company, organization, or other entity, then: “you” includes you and that entity; you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to these Terms of Use and that you agree to these Terms of Use on the entity’s behalf; and you agree that such entity is legally and financially responsible for your use of the Services as well as for the use of your User Account (as defined below) by others affiliated with your entity, including any employees, agents, or contractors.

You understand that our 3D printing machines and our software controlling the machines are not considered part of the Site.

Subject to your compliance with these Terms of Use, HeyGears hereby grants you a limited non - exclusive right to access and use the materials contained in the Services.This permission terminates automatically if you breach any of these Terms of Use.

Copyright

On this Site, HeyGears owns and controls all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code(collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content.Such Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

No Content can be copied, reproduced, republished, downloaded, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way(including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise or personal use, without HeyGears’ express prior written consent.You cannot obtain any of the licenses to our intellectual property or patents, whether by implication or estoppel or otherwise.

Use restrictions

You agree that you will not: remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; decompile, disassemble, reverse compile, reverse assemble, or otherwise reverse engineer any Services, any updates, or any part thereof(except as and only to the extent any foregoing restriction is prohibited by applicable law); use any means to discover any confidential source code of any portion of the Services; or circumvent any functionality that controls access to or otherwise protects the Services.You may not use any "deep- link", "page - scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content.

You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any HeyGears server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame, infringe, or otherwise violate the rights of any other party.You agree that HeyGears is not in any way responsible for any such u se by you, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of Using the Services.

Purchases

Additional terms and conditions may apply to purchases of goods or services, which are made a part of these Terms of Use by this reference.You agree to abide by such other terms and conditions, that you are of sufficient legal age to use such goods or services.If there is a conflict between these Terms of Use and the terms posted for purchases on the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Account registration and subscription

We may require you to register an account to use certain features or sections of the Services.You are going to be asked to provide a password for your account.You are responsible for providing accurate and current account information.You are responsible for maintaining the confidentiality of any password and account number provided by you orHeyGears.You are fully responsible for all activities that occur under your User Account.HeyGears may not have control over the use of your or any other user’s User Account, and HeyGears expressly disclaims any liability derived therefrom.

Privacy policy

HeyGears’ Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference.

Links to third - party sites and applications

This Site may contain links to other independent third - party Web sites("Linked Sites").HeyGears makes no representations whatsoever about any other website or application that you may access through the Services.When you access a third - party website or application, even one that may display a HeyGears company logo, it is up to you to take precautions to ensure that you agree with that website’s or application’s terms of use and that the website or application is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.You agree that under no circumstances will HeyGears be liable in any way for any third - party websites or applications.

Limitation of liability

Except where prohibited by law, in no event will HeyGears, including its directors, employees, officers, and consultants, be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if HeyGears has been advised of the possibility of such damages.You agree not to sue HeyGears for any claims related to the Services.

If, notwithstanding the other provisions of these Terms of Use, HeyGears is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, HeyGears’ liability shall in no event exceed the greater of(1) an amount equal to your subscription fee for the month during which the breach occurred(but not including the purchase price for any HeyGears machines and HeyGears software), or(2) up to US$100.00 if the claims relate to any services that are free.Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

These limitations on the HeyGears’ liability shall apply whether or not HeyGears has been advised of or should have been aware of the possibility of any such losses.Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.

Disclaimer

HEYGEARS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR - FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS- IS" AND "AS - AVAILABLE" BASIS.ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.HEYGEARS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.HEYGEARS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON - INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.HEYGEARS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND / OR ANY HEYGEARS SERVICES.YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.YOUR SOLE REMEDY AGAINST HEYGEARS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

HeyGears reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and(3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non - routine maintenance, error correction, or other changes.

Indemnity

You agree to indemnify and hold HeyGears, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses(including attorneys’ fees), made against HeyGears by any third party due to or arising out of or in connection with your use of the Site.

Dispute resolution and arbitration

We are available by email at info@heygears.com to address any concerns you may have regarding your use of the Services.Most concerns may be quickly resolved in this manner.

Any dispute arising from or in connection with these Terms of Useshall be submitted to the Shenzhen Court of International Arbitration(the SCIA) for arbitration.

Governing law; Jurisdiction; Severability

You agree that your access and all related activities on or through this Site shall be governed by, construed, and interpreted in accordance with the laws of the People's Republic of China. If any provision of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision of these Terms of Use.

User content licence grant

As a condition of your Use of the Services, by posting, uploading, publishing, submitting, displaying, or transmitting any content or other materials through the Services(“Your Content”), you hereby grant to HeyGearsa non - exclusive, perpetual, irrevocable, royalty - free, worldwide, transferable, fully sublicensable(including to other users of the Services) license to access, use, reproduce, transmit, display, publish, distribute, publicly perform, publicly display, modify, adapt, and create derivative works from Your Content and to incorporate Your Content into other works in any format or medium now known or later developed for any and all commercial or non - commercial purposes.You represent and warrant: that you own or otherwise control all of the rights to Your Content, including all copyrights; that Your Content is accurate and does not infringe or misappropriate the intellectual property rights of any third party, including, the rights of publicity and privacy; and that use of Your Content does not violate these Terms of Use or the Privacy Statement and will not cause injury to any person or entity.We take no responsibility and assume no liability for any content or other materials submitted or posted through the Services by you or any third party.To the extent that Your Content contains any images, you further represent and warrant that each person depicted in such images, if any, has provided consent to the use of the images as set forth in these Terms of Use.

We reserve the right to pre - screen, refuse, modify, or remove any content on the services for any reason, including if we determine in our sole discretion that such content or material violates any law or right of any person, infringes the right of any person, or is otherwise inappropriate for posting on the services.

Server location

The Services are controlled and operated by HeyGears’ offices in mainland China.Our server is located in China.

Access from the US

If you are a user of our Services in the United States of America, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.

If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction(if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Access from Australia

If you are a user of our Services in Australia, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.

All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms or their subject matter, not contained in these Terms, are excluded from these Terms to the maximum extent permitted by applicable laws and regulations.

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable laws and regulations which cannot lawfully be excluded, restricted or modified.

If any guarantee, condition, warranty or term is implied or imposed by any applicable laws and regulations and cannot be excluded(a “Non - Excludable Provision”), and we are able to limit your remedy for a breach of the Non - Excludable Provision, then our liability for breach of the Non - Excludable Provision is limited to one or more of the following at our option:

in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired;or in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

Access from the European Union

If you are a user of our services in the European Union, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.

otwithstanding the 'Dispute resolution and arbitration' and 'Governing law; Jurisdiction; Severability' sections of these Terms, if you reside in the European Union and are a 'consumer' as defined under the EU Directive 83 / 2011 / EU, any dispute, controversy or claim(whether in contract, tort or otherwise) between us and you, arising out of, relating to, or in connection with these Terms will be referred to and finally resolved by the court of your place of residence or domicile.You can also file a complaint at the online platform for alternative dispute resolution(ODR - platform).You can find the ODR - platform through the following link: https://ec.europa.eu/consumers/odr.

Trademark usage policy

The trademarks, logos, and service marks(collectively, “Marks”) displayed with the provision of our goods and services are the property of HeyGears or third parties.Use of HeyGears’ trademark shall be prohibited, unless expressly authorised.

Contact us

If you have questions, complaints, or comments about these Terms of Use, if you wish to receive further information regarding the Services, or if you wish to otherwise contact HeyGears, please contact us at info @heygears.com.