1. Binding Agreement. This mobile application ("App") is offered by OSIM International Pte. Ltd. of 65 Ubi Avenue 1 OSIM Headquarters, Singapore 408939 ("OSIM"), to allow you to connect to your OSIM products and devices ("Product") via Bluetooth to control the functions of the Product as well as download new software programs from the internet onto your mobile device, which will then send the programs update to the memory module of the Product. By using the App or creating an account with OSIM to allow you to use the App, you accept these Terms of Service which forms a binding agreement between you and OSIM. If you do not wish to be bound by these Terms of Service, do not use the App or sign up for an account.

2. Acceptable Use. You acknowledge that the App is intended for use only in relation to OSIM products, and that it is therefore your responsibility to ensure that the App is downloaded and installed only for use with OSIM products at all times.

3. Updates to Agreement. OSIM may update this Terms of Service from time to time, and you will be notified of the latest version in force whenever the App is updated by OSIM. Your continued use of the App following the notification or posting of these changes or modifications would constitute your acceptance of such changes or modifications.

4. Account Registration. In order to use the App to connect with your OSIM products, you must register an account with OSIM. You must provide OSIM with your email address and other information as set out in OSIM's registration form, to register the account. At any time which you decide to cease your use of the App, you can choose to delete your account.

5. Account Security. You acknowledge that you are responsible for maintaining the confidentiality of the access data for your account. Whilst OSIM will take steps to secure your personal data in accordance with our Privacy Policy, OSIM is not responsible for any unauthorized disclosures of your personal data which are caused solely by you. You also agree to immediately notify OSIM of any unauthorized use of your account or any other security breach.

6. Functions of App. The App can be connected to your OSIM products wirelessly to enable you to control the functions of your OSIM products. You may also download new software programmes through your App, which will synchronise with the memory module of your OSIM products.

7. Internet Access. Usage of this App requires access to the Internet. You may incur access or data fees from third parties (such as your Internet provider or mobile carrier) in connection with your use of the App. You are responsible for all such fees.

8. Location Data. This app collects location data to enable Bluetooth function for Android devices which are below version 12.0, the Bluetooth function is required to connect and control the devices.

9. Usage Statistics. You agree and acknowledge that OSIM may collect usage statistics from your OSIM product with the App to evaluate the frequency of use for OSIM's product. Such usage statistics will automatically be sent from the OSIM product to the App. Such usage statistics will be transmitted to OSIM's cloud server located in Japan and China for data processing purposes whenever you connect to the Internet. You further agree to the sending of any error logs generated by the App to OSIM to facilitate the development of future updates to the App.

10. No Warranty. This Terms of Service sets out the full extent of our obligations and liabilities in respect of the provision of the App. Except as expressly stated in this Terms of Service, there are no conditions, warranties, representations or other terms, expressed or implied, that are binding on OSIM. Any condition, warranty, representation or other term concerning the provision of the App which might otherwise be implied into, or incorporated in, this Terms of Service whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

11. Limitation of Liability. To the extent permitted by applicable law, under no circumstances will OSIM be liable for any loss, damage or injury (including without limitation loss of profits, loss of income, loss of data, indirect, incidental or consequential loss, damage or injury) suffered by you arising out of or in connection with your use of the App, whether arising in contract, tort (including negligence), misrepresentation or otherwise, even if OSIM has been advised or is otherwise aware of the possibility of such loss, damage or injury.

12. Restrictions of Use of Content. Any content contained in the App including but not limited to the text, images and recordings may not be sold, resold, licensed, transferred, copied or reproduced in whole or in part in any manner or in or on any media to any person without the prior written consent of OSIM.

13. Intellectual Property. All intellectual property rights in the App, including but not limited to copyright, trade marks, content, and design of the App are owned by OSIM or used under licence from third party owners. Any use of the App or its contents, including copying, publishing, reverse-engineering, republishing, distributing, downloading, storing whether in whole or part, other than for your personal or non-commercial use is prohibited without the written permission of OSIM. You are prohibited from copying, modifying, transmitting, distributing, selling, displaying, licensing or reproducing any content including images and other media on this App for any commercial purpose.

14. Termination. OSIM reserves the right to terminate your access to the App or your account at any time at its absolute discretion, in particular when it has been determined by OSIM that your App or account has been used in a manner contrary to these Terms of Service, or that there has been an unauthorized attempt by you, or anyone accessing your App or your account to analyse, decompile, or reverse engineer or cause a third party to analyse, decompile or reverse engineer the App, or any of OSIM's confidential information, or to somehow compromise the operation or security of any of OSIM's servers or computer systems. In such event, OSIM retains the discretion to block your e-mail address and/or internet protocol address to prevent further registration.

15. Indemnification. You agree to indemnify and hold OSIM and OSIM's subsidiaries, affiliates, officers, employees, agents and successors harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys' fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action or proceeding against OSIM or OSIM's subsidiaries, affiliates, officers, employees, agents and successors, whether successful or not, resulting from, arising in connection with or relating to: (a) your breach of any term of the Terms of Service or any policy or guidelines referred to in it; or (b) your use or misuse of the App.

16. Governing Law and Jurisdiction. This Terms of Service shall be governed by and construed in accordance with the laws of Singapore. The parties irrevocably agree to submit to the non-exclusive jurisdiction of the courts of Singapore as regards any claim or matter arising in relation to this Terms of Service. The Contracts (Rights of Third Parties) Act (Cap. 53B) shall not apply to the Terms of Service. Those who choose to access this App from outside Singapore are responsible for compliance with local laws if and to the extent local laws are applicable.

17. Assignability. You must not transfer or assign any of your rights or delegate any of your duties under the Terms of Service without OSIM's prior written approval. OSIM may freely transfer, assign or delegate its rights and duties under the Terms of Service. Subject to the foregoing, the Terms of Service will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.

18. Non-Waiver. OSIM's failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect OSIM's right to later enforce or exercise it.

19. Severability. Except as otherwise provided in these Terms of Service, if any provision of these Terms of Service is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

20. Privacy Policy.

(a) Your privacy rights are governed by the OSIM Mobile App Privacy Policy (“App Privacy Policy”), which you can access by clicking here. By using the App or creating an account with OSIM for the App, you agree that OSIM may collect, use, disclose and process your personal data in accordance with the App Privacy Policy.

(b) If you are using the App in the People’s Republic of China, your privacy rights are governed by OSIM’s People’s Republic of China Privacy Policy, which you can access by clicking here. (Please note that access to the aforesaid privacy policy is restricted to IP addresses from the People’s Republic of China.)

21. Entire Agreement. These Terms of Service, together with the End User Licence Agreement, constitute the entire agreement between you and OSIM and supersedes any prior understandings or agreements (written or oral).

22. Language. These Terms of Service are drawn up in the English language. If these Terms of Service are translated into another language, the Terms of Service in the English language text will in any event prevail. All legal proceedings will be, where possible, conducted in English.

END USER LICENSE AGREEMENT

1.Binding Agreement. This mobile application ("App") is operated and owned by OSIM International Pte. Ltd. of 65 Ubi Avenue 1 OSIM Headquarters, Singapore 408939 ("OSIM"). By installing the App, you accept the terms of this End User Licence Agreement ("EULA") which forms a binding agreement between you and OSIM. If you do not agree to be bound by this EULA, you must discontinue the installation of the App now.

2.Updates to Agreement. OSIM may update this EULA from time to time, and you will be notified of the latest version in force whenever the App is updated. Your continued use of the App following the notification or posting of these changes or modifications would constitute your acceptance of such changes or modifications.

3.Terms of Service. In order to use the App to connect with your OSIM product, you must register an account with OSIM. In doing so, you must accept OSIM's Terms of Service which is available above.

4.Licence. Subject to the terms and conditions of this EULA, OSIM grants to you a limited, non-exclusive, non-transferable, non-sub-licensable, terminable, personal license to use the App (including any modifications and updates to the App which may be made from time to time) solely for your own personal purposes.

5.Updates to App. OSIM may update the App from time to time, for feature enhancement, security or other purposes. However, you acknowledge that OSIM has no obligation to furnish to you any maintenance or support services with respect to the App.

6.Disclaimer. You acknowledge that the App may not be free of bugs or errors and you agree that the existence of any errors (including those that may cause interruptions to the App) will not constitute a breach of this EULA. In the event that any legislation applicable in your jurisdiction implies consumer guarantees or imposes obligations upon OSIM that cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent, this EULA must be read subject to such statutory provisions. If such statutory provisions apply, to the extent to which OSIM is permitted to do so, OSIM limits its liability in respect of any claim under those provisions to the replacement of the App or an equivalent.

7.Limitation of Liability. To the extent permitted by applicable law, under no circumstances will OSIM be liable for any loss, damage or injury (including without limitation loss of profits, loss of income, loss of data, indirect, incidental or consequential loss, damage or injury) suffered by you arising out of or in connection with your use of the App, whether arising in contract, tort (including negligence), misrepresentation or otherwise, even if OSIM has been advised or is otherwise aware of the possibility of such loss, damage or injury.

8.Intellectual Property. All intellectual property rights in the App, including but not limited to copyright, trade marks, content, and design of the App are owned by OSIM or used under licence from third party owners. Any use of the App or its contents, including copying, publishing, reverse-engineering, republishing, distributing, downloading, storing whether in whole or part, other than for your personal or non-commercial use is prohibited without the written permission of OSIM. You are further prohibited from copying, modifying, transmitting, distributing, selling, displaying, licensing or reproducing any content including images and other media on this App for any commercial purpose.

9.Term and Termination. This EULA is effective from the first date you use, download or install the App and will continue in force until terminated. You may terminate this EULA at any time by deleting and ceasing all use of the App from your mobile device. OSIM further reserves the right to terminate this EULA at is discretion, an in particular in the event of any breach by you of the EULA or the Terms of Service. Upon termination of this EULA, you shall immediately cease using the App and any part thereof and shall delete the App from any mobile device on which the App was installed. For the avoidance of doubt, Clause 6, 7 and 8 above shall survive the termination of the EULA.

10. Governing Law and Jurisdiction. This EULA shall be governed by and construed in accordance with the laws of Singapore. The parties irrevocably agree to submit to the non-exclusive jurisdiction of the courts of Singapore as regards any claim or matter arising in relation to this EULA. The Contracts (Rights of Third Parties) Act (Cap. 53B) shall not apply to the EULA. Those who choose to access this App from outside the Singapore are responsible for compliance with local laws if and to the extent local laws are applicable.

11. Assignability. You must not transfer or assign any of your rights or delegate any of your duties under the EULA without OSIM's prior written approval. OSIM may freely transfer, assign or delegate its rights and duties under the EULA. Subject to the foregoing, the EULA will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.

12. Non-waiver. OSIM's failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect OSIM's right to later enforce or exercise it.

13. Severability. Except as otherwise provided in these EULA, if any provision of these EULA is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

14. Privacy Policy. OSIM may collect and use information concerning your use of the App in accordance with the Terms of Service above and the applicable OSIM privacy policy.

15. Entire Agreement.This EULA, together with the Terms of Service, constitute the entire agreement between you and OSIM and supersedes any prior understandings or agreements (written or oral).

16. Language. This EULA is drawn up in the English language. If this EULA is translated into another language, the EULA in the English language text will in any event prevail. All legal proceedings will be, where possible, conducted in English.