Latest update: Feb 13, 2025

 

About these Terms of Service

 

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “Shop”, or “End User”) and TOPDON, Inc., including its affiliates ("TOPDON", the “Company,” “we”, “us”, or “our”), concerning your access to and use of our software services and professional services, as well as any subscription-based service (collectively, the “Services”).

 

Additional terms and conditions with respect to new and add-on products and services may also be added to this Agreement at any time by appending them hereto.

 

Paid Software Products

 

Some of the software products provided by this Application as part of the Service are provided for a fee. The fees, terms and conditions for purchasing such products are described below and in the Subscription Terms of this Application.

 

Software Single Purchase Service, Subscription Service

 

Single Purchase Service includes certain services based on single purchase, single purchase, single use.

 

The Service includes certain subscription-based services where fees are automatically paid periodically ("Subscription Service"). The "Subscription Billing Date" is the date on which you first purchase the Service and the date of each periodic charge. Unless otherwise agreed, the Subscription Service will begin on the Subscription Billing Date and continue for the subscription period specified in your Software Store (such period being the "Initial Subscription Term") and will automatically renew for successive periods of the same duration as the Initial Subscription Term (the Initial Subscription Term and each such renewal period, each a "Subscription Term") unless you cancel the Subscription Service or we terminate the Subscription Service. No refund will be given for partially completed Subscription Periods.

 

Support and Service Levels.  If you are current with payment of your subscription and usage fees, and subject to any other agreement you may have for support for the Services, TOPDON will provide you with its standard technical support services relating to the Services.

 

Other Fees. Certain features and other current or future TOPDON services and products may involve usage-based fees or costs, including applicable taxes and governmental fees; such costs and fees will be posted or otherwise disclosed to you at the time you purchase and use such services or products. You are responsible for paying usage fees and other fees and taxes incurred in connection with your use of TOPDON services and products.

 

The prices, description or availability of the different Services are listed in the corresponding sections of this Application and are subject to change without prior notice.

 

Purchase process

Any steps from selecting a product to submitting an order are part of the purchase process. The purchase process consists of the following steps:

The User must select the desired product and verify his purchase selection.

After reviewing the information displayed in the purchase selection, the User can place an order by submitting an order. When the User submits an order, the following applies:

The submission of the order determines the conclusion of the contract and the User is therefore obliged to pay the price, taxes and possible other fees and expenses specified on the order page.

After submitting the order, the User will receive a receipt confirming that the order has been received.

 

Payments

 

(a) General Payment Terms. Before payment is processed, you have the opportunity to review the fees that will be charged to you. Unless otherwise agreed, all fees are in U.S. Dollars and are non-refundable and non-recoupable unless otherwise specifically provided for in this Agreement. If you agreed to purchase a minimum number of End User subscriptions as part of registering for the Services (the “Minimum Subscription Level”), you must pay for at least that number of subscriptions during the applicable term.  Additional subscriptions may be purchased at the same pricing during the term, with fees prorated for partial months, and you may make adjustments in the actual number of licenses from time to time, provided that you must always purchase a number of licenses equal to or greater than the Minimum Subscription Level.

 

(b) Price. TOPDON reserves the right to determine pricing for the Services. TOPDON will make reasonable efforts to keep pricing information published on the Sites up to date. We encourage you to check our Sites periodically for current pricing information. TOPDON may change the fees for any feature of the Service, including additional fees or charges, if TOPDON gives you advance notice of changes before they apply (i.e., in future or renewal terms). TOPDON, at its sole discretion, may make promotional offers with different features and different pricing to any of TOPDON ’s customers. These promotional offers, unless made to you, will not apply to your offer or this Agreement.

 

(c) Taxes. Shops are responsible for charging and collecting applicable sales, use, property, and other taxes, fees, and other assessments and governmental charges, together with any penalties or interest thereon, levied on or associated with the Shop Agreement.  You hereby indemnify TOPDON from all liability on any such amounts.

 

(d) Purchases through the App Store.

This Application or specific products sold on this Application must be purchased through third-party app stores, When doing this, you acknowledge and accept any payments will be deducted from its third -party platform ID account. To access such purchases, the User must follow the instructions provided by the relevant online store (e.g. "Apple App Store" or "Google Play"), which may vary depending on the specific device used. Therefore, this Application does not collect any payment information (such as credit card details), but will only be notified once the payment has been successfully completed.

The Owner is not obliged to fulfill the purchase order if payment through the available methods fails or is rejected by the payment service provider. Any possible costs or expenses arising from failed or rejected payments shall be borne by the User.

 

(e) Authorization. Subscription Services will be charged recurring fees as automatic recurring payments. If you activate the Subscription Services, you authorize TOPDON to charge all accrued amounts on a recurring basis until the recurring payment is canceled or your account is charged on or before the payment due date for the accrued amount. Your account will be automatically debited on the subscription billing date for all applicable fees and taxes for the next subscription period and usage fees and taxes payable for prior periods. The subscription will continue unless you cancel it or we terminate it. You must cancel your subscription before it renews. Your cancellation must be received before the renewal date to avoid charges for the next subscription period.

 

(f) Delinquent Accounts. TOPDON may suspend or terminate access to the Services, including usage and fee-based portions of the Services, for any account for which any amount is due but unpaid, including, but not limited to amounts due for subscription fees or usage fees, taxes or charges. If your payment method is no longer valid at the time a renewal Subscription Services fee is due, TOPDON will attempt to contact you to reestablish payment in a grace period determined solely by TOPDON, but, if a payment method is not re-established in such period, TOPDON reserves the right to delete your account without any liability to you.

 

Term and Termination

 

(a) Term. The term of this Agreement will begin when you accept the terms and purchase and use the Services and will continue until the end of the active subscription period. Unless terminated in accordance with this section, the subscription will automatically renew for additional consecutive terms.

 

(b) Termination. We may immediately, without notice, suspend or terminate your access to the Services and terminate this Agreement for any of the following reasons: (i) you breach any provision of this Agreement; (ii) we determine that your use of the Services poses a security risk to us or to another user of the Service; (iii) you introduce a malicious program into the network or a virtual machine instance; or (iv) we receive notice or we otherwise determine, in our sole discretion, that you may be using the Services for an illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party.

 

(C) Termination in advance. If you want to terminate this agreement before the current subscription period expires, you can manage or cancel the subscription in the ID account settings associated with its online store (such as "Apple App Store" or "Google Play"). Canceling renewal will not affect the normal use of the current valid subscription period.

 

(d) Effect of Termination. If this Agreement is terminated for any reason: (i) your license rights will terminate and all use of the Services by you will be terminated; and (ii) you will no longer be authorized to access your Paid Services.

 

License

Subject to your full and continuing compliance with the terms and conditions of this Agreement, TOPDON grants you a limited, worldwide, non-exclusive, non-transferable, non-sublicensable right during the term of this Agreement to: install and use one object code copy of any application obtained from our store in connection with the Paid Services on a device owned or controlled by you (whether installed by you or pre-installed on your mobile device by a device manufacturer).

 

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.

User Rights

 

Right of withdrawal. Due to the nature of our software products and services, which are non-recoverable, we do not support refunds in accordance with our policy. Please ensure that the software products and services you select fully meet your needs before making a purchase.

All orders paid through our official website, APP, or other TOPDON official sales channels are final and are not eligible for refunds under our policy. If you make a payment through a third-party payment platform, you may still be able to request a refund or dispute through that platform in accordance with their refund and dispute resolution policies.

In the event that local laws and regulations provide additional rights for returns or refunds, we will fully comply with those legal requirements.

 

Data Retention

 

Unless this Agreement is terminated due to your breach, upon termination of your subscription, TOPDON will give you limited access to the Service for a period of up to thirty (30) days, at no additional cost, solely for purposes of retrieving your Customer Data.

 

Common regulations

Service interruption. In order to ensure the best service level, the owner reserves the right to interrupt the service due to maintenance, system updates or any other changes, and appropriately notify users. Within the scope of law, the owner can also decide to suspend or completely terminate the service. If the service is terminated, the owner will cooperate with you so that they can withdraw personal data or information based on the applicable law.

Service resale. Without the owner's clear written permit in advance (whether it is directly awarded or passed through a legitimate resale plan), users shall not copy, copy, copy, sell, resold, or use any part of this application and its services.

 

Confidentiality

 

Definition of Confidential Information. “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information includes Customer Data; Confidential Information of TOPDON includes the Services and Materials, the terms and conditions of all customer agreements, and order forms  (including pricing). Confidential Information of each party includes business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party.  However, Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (ivdance of doubt, to any acquirer of your business. If consent is given, this Agreement will bind your successors and assigns. Any attempt by you to transfer any right, duty, or obligation under this Agreement except as expressly provided in this Agreement is void. TOPDON may assign this Agreement or any right, duty, or obligation under this Agreement, at any time without your consent.

 

Governing law

 

The legal jurisdiction of these clauses is disclosed by the relevant parts of this document without considering the principle of legal conflict.

 

Exception of European consumers. But regardless of the above situation, if you are in line with European consumers and their usual residence status in the law, it should be performed at the higher standard.

 

Venue of jurisdiction. For any controversy caused by these clauses or related to these clauses, the exclusive decision right belongs to the court where the owner is located.

 

Dispute resolution

 

Amicable dispute resolution. You can make any disputes to the owner, and the owner will do his best to resolve it.

 

Although the right to take legal operations is never affected, if any dispute over using this application or service, please contact us through the following ways:

(a) Contract us at www.topdon.com

(b) Send your questions to

TEL: 1-833-629-4832

Email: support@topdon.com (Recommended)

Address: TOPDON USA INC., 400 Commons Way, Suite A Rockaway, New Jersey 07866

You can submit a complaint, including a brief explanation. If you apply it, you will submit the relevant orders, purchase or account details (the email address of the owner specified in this document).

 

The owner will handle the complaint without the complaint and be processed within 10 days after receiving the complaint.

TOPDON USA INC.