Terms and Conditions

The legal agreement governing your use of Nomostar

Introduction

Welcome to Nomostar, a mobile document scanning application developed and operated by Superace Technology Co., Ltd. ("Superace," "we," "us," or "our").

The following terms and conditions (hereinafter referred to as this "Agreement") constitute a legally binding agreement between you and Superace. This Agreement governs your access to and use of the Nomostar mobile application, website, and related services (collectively, "Our Services").

IMPORTANT: BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR SERVICES.

YOU MAY USE OUR SERVICES ONLY IF YOU AGREE TO FORM THIS BINDING AGREEMENT WITH US AND ARE NOT A PERSON BARRED FROM RECEIVING SERVICES UNDER THE LAWS OF THE APPLICABLE JURISDICTION. IN ANY CASE, YOU MUST BE AT LEAST 16 YEARS OLD TO USE THE SERVICES. IF YOU ARE BETWEEN THE AGES OF 16 AND 18 (OR THE RELEVANT AGE IN YOUR JURISDICTION WHERE YOU ARE CONSIDERED A MINOR), YOUR PARENT OR GUARDIAN MUST AGREE TO THESE TERMS AND CONDITIONS (BOTH FOR THEMSELVES AND ON YOUR BEHALF) BEFORE YOU CAN USE NOMOSTAR.

1. Your Account

Certain features of Nomostar may require you to create an account. When you create your account, you must provide accurate, current, and complete information. It is your responsibility to maintain and promptly update your account information to keep it accurate and complete.

You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You must not disclose or share your account credentials with any third party. You agree to notify us immediately of any unauthorized access to or use of your account.

You shall be fully responsible for all activities that occur under your account, regardless of whether you authorized such activities. Any content uploaded, produced, shared, or any actions taken through your account shall be deemed as your own actions, and you shall bear full responsibility for them.

We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, false, or incomplete.

2. License Grant and Use of Our Services

2.1 License Grant

Subject to your compliance with this Agreement, Superace grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use Our Services for your personal, non-commercial use.

Depending on your subscription plan, you may receive:

A subscription-based license to access and use premium features of Our Services for the duration of your subscription period; or
A perpetual license to use specific features of Our Services that do not require an active subscription.

2.2 License Restrictions

You agree that you will NOT:

Use Our Services for any illegal purpose or in violation of any applicable local, state, national, or international law;
Modify, adapt, translate, sublicense, rent, lease, loan, sell, or distribute Our Services or any portion thereof;
Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of Our Services;
Create derivative works based on Our Services;
Remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices contained in or on Our Services;
Use any robot, spider, scraper, or other automated means to access Our Services for any purpose without our express written permission;
Interfere with or disrupt the integrity or performance of Our Services or the data contained therein;
Attempt to gain unauthorized access to Our Services, user accounts, or computer systems or networks connected to Our Services;
Use Our Services in any manner that could damage, disable, overburden, or impair our servers or networks;
Share, transfer, assign, or sublicense your account or license to any third party.

2.3 Your Representations and Warranties

You hereby represent, warrant, and undertake to us that:

You possess all necessary rights and authorizations to enter into this Agreement, and that the conclusion and performance of this Agreement does not violate any agreement between you and a third party;
Your use of Our Services will not infringe upon our or any third party's legal rights, including but not limited to privacy rights, intellectual property rights, rights of reputation, portrait rights, and trade secrets;
Your use of Our Services will comply with all applicable laws, regulations, policies, and industry practices in your jurisdiction.

2.4 Consequences of Breach

If you breach any of the representations, warranties, or undertakings in this Agreement, we may, at our sole discretion and without prejudice to any other rights or remedies available to us:

Suspend or terminate your access to Our Services;
Remove or delete any content you have uploaded;
Pursue any legal remedies available to us.

You shall be liable for any and all losses, damages, or expenses incurred by us or any third party as a result of your breach.

3. Your Content

3.1 Content Ownership

Nomostar allows you to upload, scan, store, and manage documents, images, and files (collectively, "Your Content"). You retain all ownership rights and intellectual property rights in Your Content.

You represent and warrant that:

You are the lawful owner of Your Content or have obtained all necessary permissions, licenses, and consents to use and share Your Content;
Your Content does not violate any applicable laws or regulations;
Your Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.

3.2 License to Superace

In order to provide Our Services to you, you grant Superace a limited, royalty-free, worldwide license to process Your Content solely for the purpose of providing the services you request. This license terminates when you delete Your Content or your account.

We will not access, use, or disclose Your Content except as necessary to provide Our Services, comply with legal obligations, or with your explicit consent.

3.3 Content Restrictions

You must not upload, store, or share any Content that:

Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
Infringes upon any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
Contains viruses, malware, or any other harmful code;
Violates the privacy or publicity rights of any person;
Constitutes unauthorized advertising or spam.

We reserve the right to remove any Content that violates this Agreement or that we determine, in our sole discretion, to be inappropriate or harmful.

4. Subscription and Payment

4.1 Subscription Plans

Nomostar offers both free and paid subscription plans. The specific features and limitations of each plan are described on our website or within the application.

Any free features and services provided by Nomostar should not be considered as a waiver of our right to charge for services in the future. We reserve the right to modify, discontinue, or charge for previously free features at any time, with reasonable notice provided to users.

4.2 Payment Terms

If you choose to subscribe to a paid plan, you agree to pay all applicable fees as described at the time of purchase. All fees are payable in advance and are non-refundable except as expressly provided in this Agreement or as required by applicable law.

Subscription fees will be charged to your selected payment method on a recurring basis according to the billing cycle you choose (monthly or annually). By subscribing, you authorize us to charge your payment method for all applicable fees until terminated. You will be required to maintain a current, valid, and accepted payment method, which you can update as needed. If your payment method is declined, we may suspend the paid services you are using, but they will be reactivated once the outstanding balance is paid.

Please note that various subscription plans may include additional terms, like special offers, which will be provided to you during sign-up or through other communications.

4.3 Automatic Renewal

Unless you cancel your subscription at least 24 hours before the end of the current billing period, your subscription will automatically renew for the same duration. You authorize us to charge the applicable renewal fees to your payment method on file.

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of the current billing period, and you will continue to have access to the paid features until that date.

4.4 Price Changes

We reserve the right to change our subscription fees at any time. Any price changes will take effect at the beginning of the next billing period after we provide you with notice of such changes. Your continued use of the paid services after the price change takes effect constitutes your acceptance of the new fees.

4.5 Refund Policy

All subscription fees are non-refundable unless otherwise required by applicable law or as expressly stated in our Refund Policy. We do not provide partial refunds for unused portions of a subscription period. However, if you cancel your subscription to the Services, you will still be able to use them until the end of your current billing period. At our own discretion, we may occasionally offer you or another subscriber a refund, discount, or other form of credit related to the Services.

5. Intellectual Property Rights

5.1 Our Intellectual Property

All intellectual property rights in and to Nomostar, including but not limited to software, code, designs, graphics, logos, trademarks, and documentation, are owned by Superace or our licensors. These materials are protected by copyright, trademark, and other intellectual property laws. You may only use our content and/or intellectual properties if you have obtained explicit written consent from us beforehand. Without such consent, you are prohibited from, and must not assist any third party in: (a) using, reproducing, publishing, distributing, modifying, forwarding, translating, or spreading any of our content or any part of it; or (b) leasing, lending, selling, sublicensing, transferring, or otherwise disposing of any of our content or any related rights.

You are also prohibited from, and must not assist or encourage any third party to reproduce, reverse engineer, decompile, disassemble, or create derivative works from our software, unless we have expressly approved it in writing.

Except for the limited license granted to you in Section 2, nothing in this Agreement transfers any ownership rights or grants you any additional rights to use our intellectual property.

5.2 Feedback

If you provide us with any feedback, suggestions, or ideas regarding Our Services, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use and incorporate such feedback into Our Services without any obligation to compensate you.

6. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information in connection with Our Services is described in our Privacy Policy, which is incorporated by reference into this Agreement. By using Our Services, you consent to the collection and use of your information as set forth in our Privacy Policy.

7. Third-Party Services

Our Services may integrate with or contain links to third-party websites, services, or applications that are not owned or controlled by Superace. We do not endorse or assume any responsibility for any such third-party services.

Your use of third-party services is subject to the terms and conditions and privacy policies of those third parties. We encourage you to review the terms and privacy policies of any third-party services you use.

When you choose to connect Nomostar with third-party services, you authorize us to access and share information with those services as necessary to provide the integration functionality.

8. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUPERACE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SUPERACE DOES NOT WARRANT THAT:

OUR SERVICES WILL MEET YOUR REQUIREMENTS;
OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
THE RESULTS OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE;
ANY ERRORS IN OUR SERVICES WILL BE CORRECTED.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUPERACE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES;
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES;
ANY CONTENT OBTAINED FROM OUR SERVICES;
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE USE OF OUR SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100.00), WHICHEVER IS GREATER.

THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SUPERACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

10. Indemnification

You agree to defend, indemnify, and hold harmless Superace and its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

Your use of and access to Our Services;
Your violation of any term of this Agreement;
Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
Any claim that Your Content caused damage to a third party.

This indemnification obligation shall survive the termination of this Agreement and your use of Our Services.

11. Suspension and Termination

11.1 Termination by You

You may terminate this Agreement at any time by deleting your account and discontinuing your use of Our Services. Upon termination, all licenses granted to you under this Agreement will immediately cease.

11.2 Termination by Superace

We may suspend or terminate your access to Our Services at any time, with or without notice, for any reason, including but not limited to:

If we undertake maintenance or support of Our Services;
To make changes to Our Services as notified by us;
If we reasonably believe that you have breached this Agreement;
If your use of Our Services creates risk for us or for other users;
If such suspension or termination is required by applicable law.

11.3 Effect of Termination

Upon termination of this Agreement for any reason:

All licenses granted to you under this Agreement will immediately terminate;
You remain responsible for all fees accrued through the date of termination (if any, including situations where the fees were incurred prior to the termination date but the relevant obligations were performed after that date);
We may delete Your Content and account information in accordance with our data retention policies.
You may terminate this Agreement at any time, but shall promptly return all copies of the software or destroy them with verification by writing to us.

12. Changes to This Agreement

We reserve the right to modify or replace this Agreement at any time at our sole discretion. If we make material changes to this Agreement, we will provide notice by posting the updated Agreement on our website or within the application, and updating the "Last Updated" date of this Agreement.

In some cases, we may provide additional notice, such as sending an email to the address associated with your account. You are free to decide whether to accept the updated terms or to stop using Our Services. Your continued use of Our Services after any changes to this Agreement constitutes your acceptance of the revised Agreement.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of HK, without regard to its conflict of law provisions.

If you are a consumer residing in a jurisdiction with mandatory consumer protection laws that require the application of your local laws, those laws shall apply to the extent required.

For example:

(a) If you are a user in the United States, the laws of your state of residence will govern all claims, regardless of conflict of law principles, except that the Federal Arbitration Act will govern any provisions related to arbitration. Both you and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in California for any disputes that are taken to court (excluding arbitration). BOTH PARTIES HEREBY IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING FROM OR RELATED TO THIS AGREEMENT.

(b) If you reside in the European Union and are considered a "consumer" under the EU Directive 83/2011/EU, any dispute, controversy, or claim (whether in contract, tort, or otherwise) between us and you, arising from or related to this Agreement, will be referred to and finally resolved by the court of your residence or domicile. You may also file a complaint using the online platform for alternative dispute resolution (ODR-platform), which can be accessed at: https://ec.europa.eu/consumers/odr.

(c) If you are a user in Australia, nothing in this Agreement is intended to exclude, limit, or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) (CCA) or any other applicable legislation that cannot be excluded, limited, or modified by agreement. If the CCA or any other legislation implies any condition, warranty, or term into this Agreement or provides statutory guarantees related to goods or services provided (if any), our liability for any breach of such condition, warranty, term, or guarantee is limited (at our discretion) to the following extent: (A) for goods, we may choose to: (1) replace the goods or supply equivalent goods; (2) repair the goods; (3) pay for the replacement or equivalent goods; or (4) pay for the repair of the goods; (B) for services, we may choose to: (1) supply the services again; or (2) pay the cost of having the services supplied again.

Otherwise, this Agreement and any disputes arising from or related to it will be governed by the laws of the place where we are based, and any dispute, controversy, or claim (whether in contract, tort, or otherwise) will be litigated in the courts of the location where we are based.

13.3 Class Action Waiver

To the extent permitted by applicable law, you agree that any proceedings to resolve any dispute will be conducted only on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

14. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

The affected party shall promptly notify the other party of the force majeure event and use reasonable efforts to mitigate its effects.

15. General Provisions

15.1 Entire Agreement

This Agreement constitutes the entire agreement between you and Superace regarding the use of Our Services and supersedes all prior agreements, understandings, and communications, whether written or oral, relating to the subject matter hereof.

15.2 Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from this Agreement, and the remaining provisions shall continue to be valid, legally binding and enforceable upon you and us to the maximum extent permitted by applicable laws.

15.3 Waiver

Our failure to enforce any right or provision of this Agreement shall not be considered a waiver of those rights. Any waiver of any provision of this Agreement will be effective only if in writing and signed by an authorized representative of Superace.

15.4 Assignment

You may not assign or transfer this Agreement or any rights or obligations hereunder without our prior written consent. We may assign this Agreement without restriction.

15.5 Headings

The headings in this Agreement are for convenience only and shall not have any legal and agreement effect.

16. Contact Us

If you have any questions, concerns, or comments about this Agreement or Our Services, please contact us at:

Superace Technology Co., Ltd.
Email: support@superace.com
Address: FLAT/RM 05 28/F HO KING COMM CTR 2-16 FA YUEN ST MONGKOK KL (This address is not a return address)

We will make every effort to respond to your inquiries in a timely manner.