TERMS OF USE - LANDROID ROBOTIC MOWERS and RELATED mobile application

Please read these general terms of use ("Terms") carefully before using the Landroid robotic mower (the “Landroid”), and its associated mobile application, its related Internet of Things platform, and any related services (collectively, the "App") operated by Positec Technology (China) Co., Ltd., a company incorporated and existing under the laws of PRC with its registered address at No. 18, Dongwang Road, Suzhou Industrial Park, Jiangsu China and its Affiliates (referred to as “Positec”, “we”, or “us”), including its EU affiliate Positec Germany GmbH, Schanzenstrasse 22, 51063 Köln, Deutschland.

Your access to and use of the Landroid and the App is conditioned on your acceptance of and compliance with these Terms, as well as with all applicable national and/or international laws. By clicking “Accept” you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the App.

“Customer” refers to the end user of the Product under these Terms and Conditions (referred to as the “Customer” or “you”).

“Affiliate” refers to any person or entity that directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, a Party.

Positec and the Customer are each referred to as a “Party”, and collectively referred to as the "Parties".

“Product” refers to the Landroid robotic mower and its associated software and mobile application.

1. Changes to the App

We are committed to ensuring that the Product is as useful and efficient as possible. For that reason, from time to time we may update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Positec will have the right to upgrade the Product system, including firmware, software and mobile app, automatically from time to time. Upgrade notification will be sent to the Customer through the App. Alternatively, we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of receiving automatic updates, you may not be able to access all of the functions of the Product and/or continue using the Landroid or the App.

2. Changes to the Terms

We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you notice of any change to these Terms by sending you an email with details of the change or notifying you of a change when you next start the App.

If you do not accept the notified changes to these Terms you may not be permitted to continue to use the App.

3. License

Subject to these Terms, Positec grants you a revocable, nonexclusive, non-transferable, limited world-wide license to download, install and use the Product firmware, software and App solely for your personal, non-commercial purposes strictly in accordance with these Terms.

The Product and App contain proprietary information and material that is owned by Positec and is protected by applicable intellectual property and other laws, including but not limited to copyright and trademarks. All such rights are reserved.

You agree that you will:

not license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third party;
not modify, decompile, reverse engineer, disassemble, attempt to derive the source code of, or create derivative works of the App, any updates, or any part thereof;
not copy the App (or any associated documentation) except as part of normal use of the App or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the Product or App nor permit the Product or App (or any part of it) to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these Terms; and
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

4. Acceptable Use Restrictions

For the avoidance of doubt, the authorised use of the App is limited to your operation of the Landroid, remotely setting operational controls, viewing weather conditions and forecasts, calculating lawn size and conditions, and non-continuously tracking your GPS coordinate to activate the Landroid anti-theft system (provided that the user discloses this information and approves its use, for the anti-theft purpose). Use outside the authorised activity is not allowed.

You must:

not use the Product or App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Product, App, any Service or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these Terms);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App; and
not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

5. Privacy

We take your privacy very seriously. Please see the Landroid Privacy Notice Supplement (which sets out details about how personal data is collected and used within the context of the App) and our general Privacy Policy (which sets out in general how we use people’s personal data).

If you have any questions, please do not hesitate to get in touch on the contact details listed below.

6. Disclaimer of warranties, limitation of liability

The information contained on the App is for general information purposes only. The App is made available to you on an “as is” and “as available” basis. To the extent permitted by applicable law, no warranties, promises or representations of any kind are given as to the accuracy, suitability, merchantability, legality, completeness, non-infringement, reliability, or fitness for any given purpose of the App or any information provided by the app.

By accepting these Terms, you agree that Positec, its directors, officers, employees and affiliates are not liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, or tort, arising out of or in connection with the use of the App, except as provided by applicable law.

We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

The App is provided for general information purposes only. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.

Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the appstore site and in the documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of support for the App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.

7. Indemnity

You will indemnify us, our affiliates, group companies, officers, agents, employees, partners, and licensors/licensees from any claim, demand, loss, or damages, including attorneys' fees, arising out of or related to your violation of the Terms.

8. Termination and Suspension of Services

We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App:

You must stop all activities authorised by these terms, including your use of the App and any Services.
You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

9. General

These Terms and Conditions are governed by, construed, and enforced according to the laws of the People’s Republic of China without reference to conflict of laws principles. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination, or invalidity thereof, shall be finally settled by binding arbitration conducted in accordance with the Rules of Shanghai International Arbitration Centre.

If any provision(s) of these Terms is held to be invalid or unenforceable, as a result of the application of any national, or EU, or other international laws, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

The applicabllity of these Terms and Conditions may not be assigned, sublicensed, or otherwise transferred by Customer without the prior written consent of Positec.

This agreement does not give rise to any rights to any third parties to enforce any term of this agreement.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

No agency, partnership, joint venture, exclusive contract, or other joint relationship is created by these Terms and Conditions.

This document is a complete statement of the Terms and Conditions applicable to the use of the Product and the App, and any change or addition to these Terms and Conditions must be in writing and approved by Positec

10. Confidentiality

In these Terms and Conditions, “Confidential Information” refers to any information furnished or disclosed, whether before or after the effective date in whatever form or medium, by Positec to you or produced during your use of the Product or App, including data, photographs, feedback, comments and reports submitted by you relating to the use of Product; and more generally relating to the business of Positec and/or its Affiliates, and includes, without limitation, any experimental robotic machinery, materials, trade secrets, know-how, ideas, strategies, discoveries, developments, inventions, data, designs, flow charts, drawings, proprietary information, business and marketing plans, financial and operational information, contracts, compilations, specifications, policies, procedures, reports, licenses, records, projections, techniques, methods, pricing and cost information, deal terms, term sheets, data files (including screen shots, reports and derivative products).

You may use the Confidential Information solely for the purpose of operation of the Product and shall keep it strictly confidential and not disclose it in whole or in part in any manner whatsoever, except as provided for in this Agreement.

You agree to use at least the same standard of care in maintaining the confidentiality of the Confidential Information as a reasonable person would use for its own confidential information of a similar nature.

Any Confidential Information exchanged between the Parties prior to the your agreement to these Terms and Conditions shall be maintained in confidence and shall be subject to the same treatment as the Confidential Information made available after these Terms and Conditions are accepted.

The term of confidentiality is from the time when the Confidential Information is disclosed to you until such time as the Confidential Information is disclosed to the public by Positec.

All Confidential Information and its derivatives (including any resulting developed technologies or concepts, improvements or modifications) shall remain the exclusive property (including intellectual property) of Positec. You acknowledge that you will not infringe any intellectual property rights of Positec and will not use, copy, appropriate or redistribute any part of the Confidential Information without written consent from Positec.

Upon Positec’s request, any Confidential Information shall be promptly returned to Positec or destroyed. In such case, no copies, drawings, data or any other materials including samples which have not been consumed shall be withheld by Customer.

11. Contact

You can contact us by post at Positec Germany GmbH, Schanzenstrasse 22, 51063 Köln, Deutschland. For operational issues with your Landroid mower or the app, please contact us at [email protected] For issues related to data privacy, please contact us at [email protected].

12. Effective Date

These Terms of Use are effective as of May 1, 2023. They replace any previous version of the Terms and Conditions. Positec reserves the right to update these Terms and Conditions from time to time on notice provided to Customer.