Terms of Use

This Terms of Use (“Terms”) regulates (i) the use of all forms of the name “Hitron Technologies Americas, Inc.”,” MyHitron+”, “hitron xIQ”,“HitronCloud” and all other trademarks owned by Hitron Technologies Americas, including other product names, slogans, designs, mobile application, website and domain name usage; and (ii) the use of any application made available by Hitron Technologies Americas, Inc.

ACCEPTANCE OF TERMS

BY USING THE APP YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE APP OR ANY OF ITS CONTENT OR SERVICES.  THESE TERMS OF USE MAY BE AMENDED OR UPDATED FROM TIME TO TIME, AND SUCH AMENDMENTS AND UPDATES SHALL BE EFFECTIVE UPON POSTING. YOU ARE RESPONSIBLE FOR REVIEWING THE TERMS OF USE, AS THE TERMS MAY BE AMENDED AND UPDATED FROM TIME TO TIME. YOUR USE OF THE APP AFTER POSTING OF ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL CONSTITUTE YOUR AGREEMENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.

TRADEMARK POLICIES
Guidelines for Use of Existing Hitron Trademarks
Except as noted below, any individual or entity that seeks to use an Hitron Trademark must complete a Trademark Use Request Form. If any individual or entity seeks to use an Hitron Trademark in a press release, they must follow the Press Release Policy listed below. A sample of the applicant’s proposed use of Hitron’s Trademark should be attached to either Request Form.

The following uses of an Hitron trademark must be approved by Hitron’s Marketing Department:

• Any use of an Hitron trademark by an outside individual or entity (external user).
• Any use of an Hitron trademark in conjunction with a name, slogan, logotype, etc. of any outside individual or entity.
• Use of an Hitron Trademark by any Hitron employee (Internal User) on any promotional items (e.g., newsletters, flyers, bulletins, giveaways, sell sheets and promotional material etc.).

The following uses do not require the approval to use an Hitron trademark:

• Re-order of a previously approved Hitron Trademark on stationery, business cards, and other business documents.
• Use of Hitron’s name, but not its logotype, by an Hitron employee to identify him/herself (e.g., “John Doe, Sales Manager, Hitron Electronics, Inc).

Approved Users will be informed in writing of the decision regarding their application. Use of the Hitron Trademark by an Internal User may commence once written approval has been received. In addition to written authorization, approved internal and external Users will be given a copy of the Hitron Brand Book. External Users will also receive the written Logo Agreement. An External User may commence authorized use of the relevant Trademarks only after signing and returning the agreement to Hitron’s Marketing Department.

Guidelines for the Development of New Names, Slogans, Designs, and Logotypes employing an Hitron Trademark
Any individual or entity, either internal or external to the Company, that seeks to employ an Hitron Trademark in the development of a new name, slogan, design, logotype, must make application to the Marketing Department by completing a Request Form. Decisions regarding whether to register any particular trademark will be at the discretion of Hitron’s Marketing Department and Legal Counsel.

Enforcement
Any User who has failed (1) to submit a Trademark Use Request Form, (2) to abide by Hitron’s graphics standards or Brand Book, (3) to submit an annual usage report, or who has (4) used any Trademark in a manner inconsistent with, or beyond the scope of the authorized approval shall be in violation of Hitron’s Trademark Policy and subject to immediate sanctions at Hitron’s discretion. No uses of a Hitron Trademark will be grandfathered under this policy. All Current Users of a Hitron Trademark are subject to review by Hitron’s Marketing Department at its discretion and may be subject to sanctions by Hitron at its discretion. Any User declared by Hitron to be in violation of Hitron’s Trademark Policy must cease and desist all uses of a Hitron Trademark upon demand by Hitron Technologies Americas, Inc.

Welcome to MyHitron+ or hitron xIQ

Hitron Technologies Americas, Inc. (“we” or “our”) provide its content on this Mobile Application (the “App”) subject to these Terms. For an explanation of our practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Policy, located here https://www.hitrontech.com/legal/privacy-policy/, which is hereby incorporated into these Terms by reference and hereby made a part of these Terms.

APPLICATION POLICIES 
Copyrights – Hitron Technologies Americas Inc.
All content and functionality on the App, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Hitron Technologies Americas Inc. or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.

Trademarks
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the App are the registered and unregistered Trademarks of Hitron Technologies Americas Inc. and its licensors. You agree that you will not refer to or attribute any information to Hitron Technologies Americas Inc. or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Hitron Technologies Americas Inc. or its licensors.

License and Use of App Content
Subject to your compliance with these Terms, Hitron Technologies Americas Inc. hereby grants you a limited, revocable, non-exclusive, non- transferable, license to access and download, display, and print one copy of the content and functionality displayed on the App (the “App Content”) on any single phone solely for your internal, business use, provided that you do not modify the App Content in any way and that you retain all copyright and other proprietary notices displayed on the App Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the App Content without our prior written consent. Hitron Technologies Americas, Inc. reserves the right to terminate or suspend your license at any time, for any reason or no reason, with or without notice to you.  Hitron Technologies Americas, Inc. shall not be liable for any loss or damage caused, directly or indirectly, by any such termination or suspension. 

Notices of Infringement
Hitron Technologies Americas Inc. prohibits the posting of any content that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the App, please write to Hitron Technologies Americas Inc. at the address shown below, giving a written statement that contains: identification of the copyrighted work and/or intellectual property right claimed to have been infringed; identification of the allegedly infringing material on the App that is requested to be removed; your name, address, and daytime telephone number, and an e-mail address if available; a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Hitron Technologies Americas Inc. will take reasonable measures to delete or prohibit access to any posted content that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)). Our contact for submission of notices under this Section is: Hitron Technologies Americas Inc., 9000 E Nichols Ave, Suite 103, Centennial, CO 80112. Email: [email protected]

Your Obligations.
The App may be used to access detailed technical information on a network. Accordingly, the App is not for use by minors, and is only for use by either the owner of the network that it is being used to analyze, or is being used by a person who has obtained the consent of the owner of the network to use the Service on that network. Accordingly, you hereby warrant to us that:

1. You are at least 18 years of age;
2. All information that you submit to Hitron is true and accurate; and
3. You will only use the App on a network which you either (a) own; or (b) have obtained the consent of the owner of the network to use the Service on that network.

In using the App You shall not:

1. impersonate any person or entity or misrepresent their affiliation with a person or entity;
2. interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the App or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
3. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
4. collect or store personal data about other users or viewers;
5. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App;
6. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the App or any software or App Content provided as part of the App;
7. access the App in a manner that utilizes the resources of the App more heavily than would be the case for an individual person would during conventional use; or
8. upload or otherwise transmit any content that is subject to any third party rights, unless the third party holder of such rights has given you express written authorization for such upload or transmission;

except to the extent any of the foregoing restrictions are expressly prohibited by applicable law or regulation.

Disclaimers and Limitation of Liability
The content and functionality on the App is provided with the understanding that Hitron Technologies Americas Inc. and its licensors are not herein engaged in rendering professional advice and services to you. All content and functionality on and the security of the App is provided “as is,” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose, ownership, non-infringement, or that your use of the App will be uninterrupted, error free, secure, private or free from viruses. Hitron Technologies Americas Inc. and its third-party content providers and licensors make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the App Content. Your use of the App and App Content is at your sole risk. To the maximum extent permitted by applicable law, Hitron Technologies Americas Inc. and its licensors shall have no liability or responsibility for your use of the App or any App Content, including any information published on linked web sites, contained in any content published on the App, or provided by third parties. Neither Hitron Technologies Americas Inc. nor its third-party content providers or licensors shall be liable for any damage or losses that you may incur, including any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.

Links to Third-Party Sites
Any third-party sites linked to the App or App Content (“Linked Sites”) are not controlled by Hitron Technologies Americas, Inc. and Hitron Technologies Americas, Inc. shall no responsibility for the content of such Linked Sites or your use of such Linked Sites.  

Availability & Updates. 
Hitron Technologies Americas, Inc. may alter, suspend, or discontinue this App at any time and for any reason or no reason, without notice. The App or certain of its functionality may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Hitron Technologies Americas, Inc. may periodically add or update the functionality, content, information and materials on or of this App without notice.   

Governing Law/Jurisdiction
These Terms are governed by the laws of the State of Colorado; without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms shall be resolved exclusively in the state and federal courts of the Commonwealth of Colorado.

Complete Agreement
These Terms, including the documents expressly incorporated by reference, constitute the entire agreement between You and Hitron Technologies Americas, Inc. with respect to its subject matter.  These Terms supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Hitron Technologies Americas, Inc. with respect to its subject matter and you represent that you have not relied on any such communications in accepting these Terms.

Introduction

Welcome to the cloud services products HitronCloud, and xIQ  provided by Hitron Technologies Americas Inc.. This product mainly implements the registration and management of network devices such as routers and extenders, including configuration management, firmware upgrade, and original troubleshooting functionality.

 

This Terms of Use (hereinafter referred to as “this Agreement”) is a legal agreement between you and Hitron regarding the use of this product. Before using this product, please carefully read this Agreement. By using this product, you are accepting the terms of this Agreement. If you do not agree to any term of this Agreement, you should immediately stop using this product.
 

Definition and Interpretation
Unless otherwise specified, the following terms in this Agreement have the following meanings：

• “Hitron” refers to Hitron Technologies Americas Inc., a company registered in Taiwan with its main office located at 9000E Nichols Avenue, Ste 103, Centennial, CO 80112, United States.
• “This product” refers to the cloud services products HitronCloud, and xIQprovided by Hitron, and includes related software, websites, documents, data, etc.
• “User” refers to the individual or organization using this product.
• “Content” refers to any data, information, files, images, videos, audio, text, etc. uploaded, downloaded, stored, shared or transmitted by Users through this product.
• “Feedback” refers to any suggestions, opinions, evaluations, or other information provided by Users to Hitron with the aim of improving or optimizing this product or other services.

 

The Rights of Users
In order to use certain features of this product, you may need to create a user account and provide some personal information, such as name, email address, password, etc. You have a responsibility to protect your account information and not share or disclose it with others. If you discover or suspect that your account has been used by others without authorization, please notify us immediately and change your password.
 

Information Use
When you use this product, you may upload, download, store, share, or transfer some Content. We will not proactively review, monitor, or edit the Content, but we reserve the right to delete or prohibit access to Content if necessary, including but not limited to the following situations：

• The Content violates this Agreement or other applicable laws and regulations；
• The Content infringes on the intellectual property or other legitimate rights and interests of others；
• The Content contains pornography, violence, terrorism, hatred, discrimination, or other information that violates public order and good customs；
• The Content contains viruses, Trojans, malicious code, or other information that may harm our or other users’ devices or data；
• The Content contains advertisements, spam, or other irrelevant information.

When you upload, download, store, share, or transfer content, you should ensure that：

• You have ownership or legal authorization of the Content；
• The Content will not infringe on others’ intellectual property or other legitimate rights and interests；
• The Content will not violate any applicable laws and regulations；
• The Content will not cause any harm or risk to us or other users.

When you upload, download, store, share, or transmit Content, you grant us a global, free, non-exclusive, transferable, and sublicensable license to copy, store, distribute, display, and process this Content for the purpose of providing and improving this product. We will not use the Content for other purposes unless with your consent.

When you delete or stop using this product, we will remove the Content from our server. However, please note that in some cases, due to technical reasons or legal requirements or other reasons, the Content may not be completely deleted or still exist in the backup system.
 

Copyright Policy
We respect the intellectual property rights of others and demand that our Users also do the same. If you think your work has been infringed, and the work is located in the United States or protected by copyright law of the United States, please send us a DMCA notice, including the following information：

• An electronic or physical signature of the copyright owner or someone authorized by the copyright owner to assert infringement of the copyright；
• Describe and position the infringing work；
• The information you can be contacted, such as name, address, phone number, and email address；
• A statement stating that you sincerely believe that the complained use was unauthorized by the copyright owner；
• A statement stating that the information stated in the notice is correct, and stating under the charge of perjury that one is the copyright owner or authorized to act on behalf of the copyright owner。

Please send the copyright notice to the following address：

Hitron Technologies Americas Inc.
9000 E Nichols Avenue
Ste 103
Centennial, CO 80112
United States
Email: [email protected]

If we receive a copyright notice, we will take reasonable measures to delete or prohibit access to suspected infringing works, and notify relevant Users. If the relevant User believes that they have not infringed on copyright and wants to restore the deleted or prohibited access work, please send us a counter notice (DMCA counter notice), including the following information：

• An electronic signature or physical signature；
• Describe and locate deleted or prohibited works；
• Describe and locate the location of the deleted or prohibited work；
• A statement stating that one sincerely believes that the deletion or prohibition of access to the work was due to a misjudgment；
• Information that one can be contacted, such as name, address, phone number, and email address；
• If applicable, please provide evidence to prove that you own the copyright or legal authorization of the work.
• Information that one can be contacted, such as name, address, phone number, and email address.

 

Please send the DMCA notice to the following address：

Hitron Technologies Americas Inc.
9000 E Nichols Avenue
Ste 103
Centennial, CO 80112
United States
Email: [email protected]

If we receive a counter notice, we will restore the deleted or prohibited work or access within a reasonable period of time and notify the copyright owner. However, in some cases, we may still reserve the right to delete or prohibit access to the work in accordance with legal requirements or court orders.

We respect the holders of intellectual property rights and will take appropriate actions against suspected infringing users in accordance with our copyright policy, including but not limited to warnings, suspension or termination of accounts。
 

Intellectual Property
Unless otherwise specified, this product and all its contents, functions and designs, including but not limited to software, websites, documents, data, icons, logos, trademarks, service marks, etc., are the property of Hitron or its licensors and are protected by copyright law, trademark law and other intellectual property law. We do not transfer or grant any of these intellectual property rights to you, unless explicitly stated in this Agreement.

Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, revocable, non-transferable and non-sublicensable license to download, install, and run the software required for the use of this product. Hitron reserves the right to terminate or suspend your license at any time, for any reason or no reason, with or without notice to you.
 

Your Obligations
You hereby warrant to us that:

1. You are at least 18 years of age;
2. All information that you submit to Hitron is true and accurate; and
3. You will only use the product in connection with networks and network devices which you either (a) own; or (b) have obtained the consent of the owner to use this product with respect to that network and network devices.

In using the product you shall not:

1. impersonate any person or entity or misrepresent their affiliation with a person or entity;
2. interfere with or disrupt the product or service, or disobey any requirements, procedures, policies or regulations of networks connected to this product or service or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
3. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
4. collect or store personal data about other users or viewers;
5. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit this product or service;
6. copy, modify, distribute, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of this product or service or any software or product content provided as part of the product or service;
7. access this product or service in a manner that utilizes the resources of this product or service more heavily than would be the case for an individual person would during conventional use; or
8. upload or otherwise transmit any Content that is subject to any third party rights, unless the third party holder of such rights has given you express written authorization for such upload or transmission;

except to the extent any of the foregoing restrictions are expressly prohibited by applicable law or regulation.
 

Feedback
We welcome and encourage you to provide us with feedback on this product or other services to help us improve or optimize them. When you provide us with feedback, you agree and authorize us to use, copy, modify, distribute, and implement your feedback for any purpose without payment or obligation to you. You also agree and guarantee that you have all necessary rights and licenses for the feedback you provide, and will not infringe on the intellectual property or other legitimate rights and interests of others.
 

Link to Other Websites
This product may contain content that links to other websites or resources. These links are for your reference only and do not represent our recognition or sponsorship of these websites or resources. We do not assume any responsibility for the content, services, or privacy policies of these websites or resources. If you decide to access these links, please bear the risk and consequences yourself.

 

Availability and Updates 
The product or certain of its functionality may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Hitron may periodically add or update the functionality, content, information and materials on or of this product without notice.
 

Suspension and Termination
We reserve the right to suspend or terminate your account and/or terminate this Agreement and/or stop providing this product for any reason or no reason, at any time with or without notice to you, including but not limited to the following situations：

• You have violated this Agreement or other applicable laws and regulations；
• You have abused or misused this product；
• You failed to pay the relevant fees in a timely manner；
• To protect the interests and safety of us or other Users；
• To protect the security of this product;
• Due to technical malfunctions or other force majeure factors.

If we cease to provide this product, we will endeavor to notify you in advance and allow you to download or backup your content within a reasonable period of time. However, in certain situations, we may not be able to provide such notifications or opportunities. After the termination of your account or this Agreement, you should immediately stop using this product and delete all software, documents, data, etc. related to this product. Hitron will not be liable for any damages you may incur as the result of any such suspension, termination or discontinuance.
 

Disclaimers and Limitation of Liability
This product and services are provided with the understanding that Hitron and its licensors are not herein engaged in rendering professional advice and services to you.  The product and services and the security of this product is provided “as is,” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose, ownership, non-infringement, or that your use of this product or services will be uninterrupted, error free, secure, private or free from viruses. Hitron and its third-party content providers and licensors make no warranties, express or implied, as to the accuracy or adequacy of this product or services.

Your use of this product and services is at your sole risk. To the maximum extent permitted by applicable law, Hitron and its licensors shall have no liability or responsibility for your use of this product or services, including any information published on linked web sites, contained in any content provided with this product or services, or provided by third parties. Neither Hitron nor its third-party content providers or licensors shall be liable for any damage or losses that you may incur relating to this product or services, including any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.

If you are not satisfied with this product, your only remedy is to stop using it and request us to refund the relevant fees you have already paid (if any).
 

Governing Law/Jurisdiction
These Terms are governed by the laws of the State of Colorado; without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms shall be resolved exclusively in the state and federal courts of the Commonwealth of Colorado.
 

Modification
We reserve the right to modify or update this Agreement at any time for any reason. If we make significant changes to this Agreement, we will endeavor to notify you in advance and give you an opportunity to choose whether to accept the changes before they take effect. If you do not agree to the change, you can choose to stop using this product. If you continue to use this product, it means that you have agreed and accepted the changes.
 

Notice
If you have questions or comments about this notice, you may email us at [email protected] or by post to:

 

Hitron Technologies Americas Inc.
9000 E Nichols Avenue
Ste 103
Centennial, CO 80112
United States
 

Privacy Policy
When you use this product, we may collect, store, use, and share your personal and non-personal information. To protect your privacy rights, please read and agree to our privacy policy and cookie policy to understand how we handle your information.

 

Complete Agreement

The terms of this Agreement, including the documents expressly incorporated by reference, constitute the entire agreement between you and Hitron with respect to its subject matter.  The terms of this Agreement supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Hitron with respect to its subject matter and you represent that you have not relied on any such communications in accepting these terms.