User Agreement
Welcome to [AegisCare] (the “App”), operated by [Boundless Corporation Limited] (referred to as “Company,” “we,” “us,” or “our”).
This User Agreement (“Agreement”) is a legally binding contract between you (“User” or “you”) and the Company regarding your use of the App and related services (collectively, the “Services”). PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING, INSTALLING, REGISTERING, ACCESSING, OR OTHERWISE USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY PART OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES.
1. Eligibility
You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use the Services. If you are under 18, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. We reserve the right to refuse use of the Services to any person or entity at any time.
2. Account Registration and Security
2.1 To use all features of the Services, you may need to register an account. You agree to provide true, accurate, current, and complete registration information.
2.2 You are responsible for safeguarding your login credentials (e.g., password, verification code, biometrics) and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account.
2.3 You may not transfer, sell, or lend your account to any third party. Any loss caused by your failure to protect your account information shall be borne by you.
3. Service License and Usage Restrictions
3.1 The Company grants you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the App on a mobile device that you own or control, solely for your personal, non-commercial purposes, subject to this Agreement.
3.2 You shall NOT:
reverse engineer, decompile, disassemble, or attempt to derive the source code of the App;
copy, modify, create derivative works, distribute, publicly display, or otherwise exploit any part of the App;
use any automated script, bot, crawler, or automated scraping tool to access the Services;
use the Services to transmit any malicious code, virus, worm, logic bomb;
interfere with or disrupt the servers, networks, or security features of the Services;
impersonate another person, provide false information, or engage in any fraudulent conduct.
4. User Content
4.1 The Services may allow you to upload, post, share, or store text, images, videos, audio, and other materials (“User Content”). You retain ownership of your User Content.
4.2 Licence to us: You grant the Company a worldwide, royalty-free, sub-licensable, transferable, non-exclusive licence to use, host, store, reproduce, modify (format adjustments only), distribute, publicly display, and broadcast your User Content for the purpose of providing, improving, and promoting the Services. This licence terminates when you delete your User Content or close your account, although we may retain reasonable backup copies as required by law.
4.3 You represent and warrant that your User Content does not infringe any third-party intellectual property, privacy, or publicity rights, and does not violate any applicable law. You may not upload any material containing nudity, extreme violence, hate speech, harassment, illegal conduct, or adult content.
4.4 We have the right, but not the obligation, to review, edit, or remove any User Content that violates this Agreement or is otherwise objectionable, in our sole discretion.
5. Privacy and Information Protection
5.1 We take your privacy seriously. Our collection, use, processing, and storage of your personal information comply with Hong Kong privacy requirements under Cap. 486 (PDPO).
5.2 Information we collect includes, but is not limited to: registration information you voluntarily provide (name, email, phone number), device information (IDFA/AAID, IP address, OS version), location information (if authorised), usage logs, and transaction logs.
5.3 Purposes of use: providing the Services and customer support, improving user experience, sending service notifications, preventing fraud, complying with legal obligations, and for direct marketing purposes with your consent (you may opt out at any time).
5.4 Information sharing: Except as provided in this Agreement or required by law, we will not sell or share your personal information with third parties. We may share necessary information with trusted service providers (e.g., cloud providers, analytics services) who may process information only on our instructions.
5.5 Your rights: Under the PDPO, you have the right to request access to and correction of your personal information, and to be informed of our privacy practices. Please refer to the Privacy Policy within the App for details.
5.6 Cross-border information transfer: Because our servers may be located outside the Hong Kong Special Administrative Region (e.g., Singapore, the United States), you consent to the transfer of your information to such jurisdictions. The level of information protection in those jurisdictions may differ from that of Hong Kong.
6. Intellectual Property
6.1 The App and all its content (including but not limited to UI design, source code, icons, text, graphics, logos, audio, video, editorial content) are the intellectual property of the Company or its licensors, protected by Hong Kong and international copyright, trademark, and patent laws.
6.2 Our company name, product names, logos, slogans, etc., are trademarks or registered trademarks of the Company. You may not use, copy, or imitate any trademark or trade dress without our prior written permission.
7. Third-Party Services and Links
The App may contain links to third-party websites, applications, or services. We make no warranties and assume no responsibility for the content, privacy policies, or practices of such third parties. Your access to any third-party services is at your sole risk.
8. Fees and Payments
8.1 The Services may include both free and paid features. For any subscriptions, in-app purchases, or other paid features, the applicable fees and payment terms will be clearly stated in the App.
8.2 Payments are processed through the Apple App Store, Google Play, or third-party payment processors. All payments are subject to the terms of those payment services.
8.3 Except as required by mandatory law, all fees are non-refundable (e.g., fees for an already used subscription period will not be refunded). We may adjust fees upon reasonable notice, and such adjustments will apply only to subsequent renewals or purchases.
8.4 You authorise us or the payment processor to charge your chosen payment method.
9. Cancellation and Termination
9.1 You may stop using the Services and delete the App at any time, or close your account within the App. Any outstanding payment obligations incurred before deletion will not be automatically cancelled.
9.2 If you materially breach this Agreement, we may suspend or terminate your account and access to the Services without prior notice.
9.3 For free accounts, we reserve the right to terminate the Services after 30 days’ prior notice. For paid users, if we terminate the Services, we will refund a pro-rata portion of the unused subscription period (if any).
9.4 Upon termination of this Agreement, the licence granted to you automatically ends; however, Sections 4.2 (survival of User Content licence), 5 (Privacy), 6 (Intellectual Property), 10 (Disclaimer), 11 (Indemnification), 12 (Limitation of Liability), and 13 (Governing Law and Jurisdiction) shall survive.
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY:
does not warrant that the Services will be uninterrupted, timely, secure, or error-free;
does not warrant that any defects will be corrected;
makes no representations or warranties, express or implied, regarding the reliability, accuracy, completeness, or fitness for a particular purpose of the Services.
shall not be liable for any indirect, incidental, special, or consequential damages (including loss of logs, goodwill, or profits) arising out of or in connection with the use or inability to use the Services, even if we have been advised of the possibility of such damages. This provision does not apply to liability that cannot be limited or excluded under Hong Kong law (such as fraud, wilful misconduct, or death/personal injury liability).
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE COMPANY AND OUR AFFILIATES, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES (WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF:
(a) THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM; OR
(b) HKD 100.
THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL PART OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THAT ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
your breach of this Agreement;
your User Content;
your use of the Services in violation of any law or third-party rights.
We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with us in defending such claims.
13. Governing Law and Jurisdiction
13.1 The interpretation, validity, and enforcement of this Agreement shall be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China, without regard to its conflict of laws principles.
13.2 Any dispute arising out of or relating to this Agreement shall first be resolved through good-faith negotiations. If negotiations fail, either party may submit the dispute to final and binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in effect at that time. The seat of arbitration shall be Hong Kong, and the language of the arbitration shall be English or Chinese (as determined by the arbitral tribunal). The arbitral award shall be final and binding upon both parties.
13.3 Notwithstanding the foregoing arbitration clause, we may seek injunctive or other equitable relief from any court of competent jurisdiction to prevent the infringement or misappropriation of intellectual property rights.
14. Modification of this Agreement
We reserve the right to modify this Agreement at any time. For material changes, we will provide you with reasonable prior notice (at least 30 days) through the App or by email. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the new terms. If you do not accept the modifications, you may stop using the Services and delete the App.
15. General Provisions
15.1 Entire Agreement: This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and us regarding the Services, superseding all prior or contemporaneous communications, whether written or oral.
15.2 Severability: If any provision of this Agreement is found to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.
15.3 Waiver: Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
15.4 Force Majeure: We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including natural disasters, war, government actions, cyberattacks, or telecommunication failures.