Effective: January 3th, 2024
THESE TERMS MAY BE GOVERNED BY FOREIGN LAW, DEPENDING WHERE YOU LIVE, AND INCLUDE A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 14.
This NavimowTM website and any other website that links to these Terms of Use (each a “Site” and together the “Sites”) along with any Navimow mobile application (each an “App” and together the “Apps”) linking to these Terms of Use, is operated by Willand (Beijing) Technology Co., LTD. (limited company (ltd.); CHINA) doing business as Navimow and its affiliates (collectively, “Navimow,” “we” “us” or “our”). The Sites, Apps, and any associated ancillary software services or connectivity offered from time to time in connection with the Navimow robotic mower and its accessories (collectively, “Mower”) are collectively our “Services.” These Terms of Use (“Terms”) apply to your use of any such Services. A Site may include our sites entered via tabs or portals accessible via LinkedIn®, Facebook® or YouTube® or other social sharing sites. These Terms do not alter the terms of any other agreement that you may have with us or our affiliates.
Because your Mower is a connected device, use of the connected features of the Mower, a Site or the App (either on their own or with the Mower), or another of our associated Services is subject to these Terms. By using either the Mower or another Service, you agree to be bound by these Terms. If you do not accept these Terms , then you may not use the Mower or associated Services and you may return the Mower in accordance with the applicable return policy. You may need your own Navimow account to register and use the App, and you may be required to be logged in to the account to access the App. In addition to these terms, your use of the Mower is subject to any applicable user manual, policies or other instructions for use of the specific Mower notified to the purchaser of the Mower at purchase, on the Mower itself, or in or on its packaging as well as on the Site or in the App (collectively, “Mower Instructions”). There may be different models of the Mower with differing Mower Instructions. These Mower Instructions may also impact your ability to use the associated App with the Mower.
Our Mowers and Services are for use by adults only and we assume no responsibility for unauthorized use by minors. Before mastering use of the Mower, you need to practice using it and observe its operations. Neither we nor our affiliates is responsible for injuries (to yourself or others), death, disability or damage caused by the operator’s (or any other person’s) use or misuse of a Mower, inexperience, distracted operation of the Mower, and/or failure to follow the Mower Instructions.
We reserve the right to change these Terms from time to time, and at any time, without prior notice. By using the Mower or Services following any changes to these Terms, you agree to be bound by any such changes to these Terms.
1. Mower Control and Data. You may authorize the App to search a Mower to control and monitor the operational and technical status of your Mower. We collect telemetry data regarding performance, usage, operation, and technical status of your Mower to provide you with Services and maintenance (including remote diagnostics and support) and possible updates and upgrades (“Mower Data”). You may access this functionality, Mower Data and recommendations based on the Mower Data (e.g., maintenance recommendations) via the App. For more information about the Mower Data collected from the Mower (e.g., areas to be cut or not cut in your yard), please consult our Privacy Policy and the Mower Instructions.
When you use a Mower, you hereby grant us and our designees a perpetual, non-exclusive, royalty-free, fully paid up, irrevocable, transferrable, sub-licensable and worldwide license to all Mower Data to provide the App and associated Services, as well as support services including providing, maintaining, securing, improving and troubleshooting our mowers across all models, and the App and otherwise for use of any of Navimow’s business purposes.
2. Use of Site or App Content (“Digital Content”). Mower Data you can see in the App or via your account is part of Digital Content. Digital Content may be used only for your personal, internal business or information purposes of a non-commercial nature. Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit any Digital Content, including, without limitation, any content, information, software, products or services obtained from any Site or App without our prior written permission.
You may display and, subject to any expressly stated restrictions or limitations relating to specific Digital Content on a Site or in an App, electronically copy, download onto your personal computer, mobile device or other technology used to access the Digital Content and print single hard copy portions of the same solely for your own internal, noncommercial, lawful use. If you make other use of Digital Content, except as otherwise provided above, you may violate copyright and other intellectual property laws worldwide and may be subject to liability for such unauthorized use.
You may not (a) decompile, disassemble or reverse engineer any Mower, Site, App or any portion thereof (including systems and software used to operate the same) in your access of Digital Content, or (b) attempt to gain unauthorized access to any Mower, Site, App or any portion thereof or any other computer systems or social media or mobile platforms accessed via a Site or App. You agree that you will not use any Mower, Site or App in any manner that could violate applicable laws or damage, disable, overburden, or impair the Mower, Site or App or interfere with any other party’s use and enjoyment of any Digital Content. Nor may you seek to modify, hack into or hijack your own or anyone else’s Mower. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
Use of any of our Sites made available through a third-party social sharing platform is also subject to the platform’s applicable terms and conditions.
3. Connectivity and Availability. Your Mower and use of an App or other Services may require an Internet connection or data plan or wireless data services provided from a third-party provider in order to use the same or some of their features. Such use is subject to the third-party provider’s separate fees, restrictions, terms and limitations. Not all App features may be available everywhere or all of the time. Some features or services accessible through an App may be unavailable, vary by Mower model, or geography, be offered for a limited time, or require separate subscriptions. We are not responsible for the unavailability of an Internet connection or wireless data services or any corresponding loss of your ability to use the Mower or an App.
4. Backup and Restore. Your Mower may have a feature that backs up certain data on your Mower, including account settings, notes, wireless configurations, history, communications, so that you can restore that data later to a Mower. Any such back up is offered as a courtesy and we are not responsible in the event any data is lost, corrupted or altered.
5. Unsolicited Submissions. Any information, remarks, suggestions, ideas, graphics or material you submit to us through or regarding the Services, Digital Content or a Mower, or your use of or experience with any of the foregoing in any manner, written or oral or digital, or otherwise (“Unsolicited Submission”), is non-confidential, and automatically becomes our property upon receipt, without any compensation to you. We have no obligation to review or use any Unsolicited Submissions or to keep them confidential, but if we elect to use them, we are free to use and repurpose such Unsolicited Submission for any purpose. Specifically, we are free to use any ideas or concepts contained in any such Unsolicited Submission for any purpose whatsoever, without any compensation or notice to you. We do not waive any rights we may have to similar or related ideas previously known to us or developed by our employees and representatives, or obtained from sources other than you.
6. Intellectual Property. We and our licensors own all right, title and interest in and to the Mowers and Services (including individual Sites, Apps and Digital Content), including, without limitation, all the text, content, graphics, interfaces, code, checklists, videos and materials thereon or therein, the look and feel, selection and arrangement, design and organization of the foregoing, and the compilation of the content, code, data and materials on or in Sites, Apps and Digital Content (including but not limited to all intellectual property and proprietary rights therein). While you may purchase and own your physical Mower, your use of a Site, App or Digital Content does not grant to you ownership in or rights to of any of the foregoing. The Sites, Apps and Digital Content are each copyrighted as a collective work under the United States’ and other copyright laws, and are the property Navimow. These collective works may include works that are licensed to us. Unless otherwise indicated on a Site, App or Digital Content, any displayed trademarks, corporate logos, services marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, us. We do not grant any license or other authorization to use the Marks except through a separate written license agreement. Any trademarks or logos of third party social sharing sites, or of our customers, partners or distributors are the property of such respective third parties and we reference them only for information purposes and make no claim to own or control such third party intellectual property.
7. Linking. The Sites and Apps may contain links to other third party websites (not operated by us or our affiliates), which may be of interest to you. We are not responsible for the content of any linked third party websites. Your use of any other linked website is at your own risk, and you should be aware that, unless otherwise indicated, these Terms no longer govern. Please be mindful of this as you link to other outside websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any outside website to which you navigate. Our linking to a third party website is not an endorsement of the website, its content or operator.
8. Privacy Policy. Along with these Terms, please read our Privacy Policy and refer to it before you submit any personal information to us [in any manner]. The Privacy Policy is hereby incorporated and made part of these Terms.
9. Navimow Store. We may offer the ability to purchase [Mowers and] Mower accessories via a Site. Any online store is subject to the shipping terms and return policy posted at the store pages, which are incorporated into these terms by reference. Not all products for sale online may be available in every location or at the same price in every location. We reserve the right to correct any pricing errors, even after we have accepted your order. Payments will be made through our designated third party payment processor as shown at checkout, which may vary based on location. Generally, your payment will be pre-authorized when you check out and charged upon shipping the purchased item to you. You are responsible to pay any and all applicable sales taxes. While we endeavor to provide accurate product information in the store, the size, color, and other features of the products may not appear accurately online depending on your device settings and browser. Please carefully review product descriptions and contact us with any questions. We may from time to time offer promotional discounts on product prices in our store; discounts cannot be combined with any other offers or discounts and may expire after a limited time.
10. Disclaimers.
THE INFORMATION AND MATERIALS AVAILABLE ON A MOWER OR THROUGH THE SERVICES MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION AND MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS BUT WE DO NOT WARRANT THAT ALL ERRORS THAT COME TO OUR ATTENTION WILL BE CORRECTED. WE MAY CHANGE, UPDATE, SUSPEND, OR TERMINATE OUR OFFERINGS AT ANY TIME, IN WHOLE OR IN PART, WITHOUT PRIOR NOTICE AND WITHOUT ANY LIABILITY TO YOU FOR TAKING ANY SUCH ACTION.
OUR SERVICES, INCLUDING, WITHOUT LIMITATION, THE DIGITAL CONTENT, MATERIALS, INFORMATION, FUNCTIONS, PRODUCTS, VIDEOS, TEXT, GRAPHICS, AND LINKS THEREON AND THEREIN, ARE EACH PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM SOFTWARE VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS AVAILABLE VIA THE MOWER OR OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVICES OR THE SERVERS THAT MAKES ANY SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT THROUGH ANY SERVICES OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES, WHICH MAY INCLUDE NOT USING THE MOWER.
Please consult the materials accompanying the Mower with respect to any product warranty information for the physical Mower. This disclaimer of representations and warranties in this Section 10 applies to our Services, including connected Services available through the Mower and information available through the Mower, but the Mower as a physical device may be subject to separate product warranty terms, conditions and limitations.
11. Limitation of Liability; Protected Entities. IN NO EVENT SHALL WE (INCLUDING OUR AFFILIATES), OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, OWNERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF ANY SERVICES OR THE FUNCTIONALITY, CONTENT, INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH ANY SERVICE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY INFORMATION ABOUT YOU, YOUR YARD, OR YOUR MOWING EXPERIENCE POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SERVICES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS OR YOUR USE OR MISUSE OF ANY SERVICE, EXCEED, IN THE AGGREGATE, $10 (UNITED STATED DOLLARS).
BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE DISCLAIMER AND LIMITATIONS MAY NOT APPLY TO YOU.
Please consult the materials accompanying the Mower with respect to any limits on liability for the physical Mower.
12. Indemnity. You agree to indemnify, defend, and hold harmless the Protected Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your: (i) use or misuse of any Services, (ii) your communication, placement or transmission of any message, content, information or other materials on or through the Services, (iii) your use or misuse of any Mower, (iv) your breach or violation of the law, any third party right or of these Terms, or (v) any activity otherwise related to your use of any Services (including negligent or wrongful conduct), by you or any other person accessing the Services using an account or Mower registered to you.
13. Account Access (Termination or Suspension). Navimow reserves the right to suspend your account and/or terminate your access to the App without prior notice should you fail to comply with these Terms, any of our other terms, or applicable laws as in the event we determine we need to do so to for any other reason. In the event your inability to access the App creates problems using your Mower, Navimow has no responsibility or liability to you for any such consequence, even if foreseeable to us. Reasons we may suspend or terminate App account access include, without limitation:
(i) To protect Navimow, our user community or our offerings;
(ii) To enforce our legal rights;
(iii) To guard against infringing content;
(iv) To protect intellectual property rights; and/or
(v) To meet legal requirements and obligations.
If we take actions to restrict or terminate your using an account, we will inform you as feasible but have no liability for failure or delay in doing so. In case of such suspension or termination, you will not receive a refund of any prepaid fees. Navimow’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of its rights.
14. Governing Law; Required Arbitration; Class Action Waiver. These Terms, which form a binding agreement between you and Navimow, shall be governed by and construed in accordance with the laws of Peoples’ Republic of China unless the laws of another jurisdiction are shown to apply to you below. Regardless, the United Nations Convention on Contracts for the International Sale of Goods does not apply. Except to the extent prohibited or restricted by the laws of the jurisdiction where a user resides, or unless another dispute resolution mechanism applies to you below, any dispute arising from or in connection with these Terms or your use of our products and services shall be submitted to China International Economic and Trade Arbitration Commission in Beijing for final, binding arbitration which shall be conducted in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. The language of the arbitration proceeding shall be English or Chinese, as you and we may mutually agree.
If you reside in and / or use the Mower in North America, these Terms will be governed by the laws of the State of New York, USA. You and we agree that any action to enforce any provision of these Terms or arising out of or based upon these Terms shall settled in final, binding arbitration under the consumer rules of the American Arbitration Association then in effect. The seat of the arbitration will be New York, New York and the arbitration will be conducted in English.
If you reside in and / or use the Mower in the European Union, Switzerland or the United Kingdom, these Terms will be governed by the laws of the Netherlands. You and we agree that any action to enforce any provision of these Terms or arising out of or based upon these Terms shall settled in final, binding arbitration under the consumer rules of the arbitration rules of the International Court of Commerce then in effect. The seat of the arbitration will be Amsterdam, Netherlands and the arbitration will be conducted in English. In any arbitration, regardless where it occurs or under which arbitration rules it occurs, neither you nor Navimow shall be entitled to join or consolidate claims in arbitration by or against other users with respect to other accounts, bring mass, class action, or consolidated claims in arbitration or in a court of competent jurisdiction, or arbitrate or litigate any claim as a representative or user of a class or in a private attorney general capacity. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator shall only have the authority to resolve individual disputes between you and Navimow. Any arbitration award or judgement may be enforced in any court of competent jurisdiction. Each participant in the arbitration will bear their own expenses and costs.
15. Changes; Binding Agreement. We reserve the right to update these Terms, our Services and Mowers at any time without prior notice. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between us and you nor trade practice shall act to modify any of these Terms. These Terms and any changes we make to them, which you accept by continuing to use the Services, are binding on you, your personal representatives, estate and heirs. We may assign or delegate our rights and duties under these Terms to any party at any time without notice to you.
16. Electronic Communications. You hereby agree to the use of electronic communications in order to enter into the agreement formed by accepting these Terms, to create other records and to the electronic delivery of notices between you and us with respect to the Services and these Terms, including but not limited to, via the App, via the Mower or over email.
17. Third Party Rights. You acknowledge and agree that certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this Section 18, (x) these Terms are not intended to grant rights to anyone except you and Navimow; and (y) in no event shall these Terms create any third-party beneficiary rights.
a. If you downloaded the App from the Apple Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Navimow only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple and Apple will refund the applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession or use of the Services, including: (1) product liability claims; (2) any claim that the Services fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Services or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Services. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
b. If you downloaded the App from the marketplace known as Google Play® operated by Google Inc. (“Google”), then this Section 17(b) applies to you. For the purposes of this Section only, if there is a conflict between the Google Play Developer Distribution Agreement (the “Google Play Agreement”) and these Terms, the Google Play Agreement will control. You acknowledge and agree that each member of the group of companies of which Google is the parent shall be a third-party beneficiary to these Terms and that all such companies shall be entitled to directly enforce, and rely upon, any provision of these Terms that confers a benefit on (or rights in favor of) it or them.
18. Contact Us. If you have any questions about these Terms or the Services, please feel free to contact us: navimow@rlm.segway.com
