Terms of Service
Welcome to MEFERI Technologies Co., Ltd. These Terms of Service (“Terms”) govern your access to and use of the websites, online portals, platforms, and informational services (collectively, the “Services”) provided by MEFERI Technologies Co., Ltd. and its affiliates (“MEFERI”, “We”, “Us”, or “Our”).l
1. Introduction
1.1. Acceptance of Terms
By accessing or using Our Services, including but not limited to Our websites such as meferi.com, form.meferi.com, portal.meferi.com, support.meferi.com, and any other MEFERI-owned websites that link to these Terms (collectively, the “Sites”), you acknowledge that you have read, understood, and agree to be bound by these Terms, Our Privacy Policy available
at https://meferi.com/en/us/legal/privacy-policy , and where MEFERI acts as a Data Processor on your behalf, Our Data Processing Agreement (“DPA”) available
at https://meferi.com/en/us/legal/data-processing-agreement . If you do not agree with these Terms, you must not access or use Our Services.
1.2. Parties
These Terms constitute a legally binding agreement between you (“User”, “You”, or “Your”) and MEFERI. MEFERI Technologies Co., Ltd. is a company incorporated under the laws of the People’s Republic of China, with its registered office at 5F, A5, Tianfu Software Park, No. 1129, Century City Road, High-tech Zone, 610000, Chengdu, Sichuan, P.R.China. MEFERI’s EU Representative is MEFERI Poland Sp. z o.o., Ul. Modelarska 18/2, 40-142 Katowice, Poland. Other MEFERI affiliates may provide Services in specific regions.
1.3. Scope of Services
These Terms apply to your use of all MEFERI Sites, online portals (such as the Partner Portal at portal.meferi.com and the Support Portal at support.meferi.com ), platforms, and informational services provided by MEFERI, except where explicitly superseded by a separate written agreement.
1.4. Relationship to Other Agreements
These Terms govern the general use of Our Sites and informational Services. If You have entered into a separate written agreement with MEFERI or its authorized affiliate, such as a Distribution Agreement, Partner Agreement, Supply Contract, Data Processing Agreement (DPA), or specific General Terms of Service for MeCare service plans (collectively, “Specific Agreements”), the terms of such Specific Agreements shall prevail over these Terms in the event of any conflict with respect to the subject matter covered by the Specific Agreement.
The purchase and use of MEFERI hardware products (“Products”) and associated software are governed by MEFERI’s applicable warranty terms, end-user license agreements (“EULA”), and, for cloud-connected Products or services, the relevant DPA and main customer agreement.
2. Definitions
Unless otherwise defined herein, capitalized terms shall have the meanings ascribed to them in Our Privacy Policy or DPA.
“Services” means the Sites, online portals, platforms, software accessible through the Sites (unless governed by a separate EULA), information, content, and all related features and functionalities provided by MEFERI.
“Portals” refers specifically to the MEFERI Partner Portal (portal.meferi.com) and the MEFERI Support Portal (support.meferi.com) and any other secure online platforms requiring user registration.
“MEFERI Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials made available through the Services by MEFERI or its licensors.
“User Content” means any information, data, text, or other materials that You upload, submit, store, send, or receive through the Services (e.g., in support tickets or project registration forms).
“Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
3. Access to and Use of Services
3.1. License to Use
Subject to your compliance with these Terms, MEFERI grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes as intended by MEFERI.
3.2. User Accounts
Certain Services, particularly the Portals, require You to register for an account.
(a) Registration: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
(b) Responsibility: You are responsible for safeguarding your account password and for any activities or actions under your account, whether or not You have authorized such activities or actions. You will notify MEFERI immediately of any unauthorized use of your account.
(c) Suspension/Termination: MEFERI reserves the right to suspend or terminate your account and access to the Services if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete, or if You are otherwise in breach of these Terms.
3.3. User Conduct and Acceptable Use Policy
You agree not to use the Services to:
(a) Violate any local, state, national, or international law or regulation.
(b) Transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
(c) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
(d) Transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
(e) Transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
(f) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
(g) Infringe upon or violate MEFERI’s Intellectual Property Rights or the Intellectual Property Rights of others.
(h) Access or attempt to access any MEFERI Content or Services to which you are not authorized.
4. Content
4.1. MEFERI Content
The Services contain MEFERI Content, which is protected by Intellectual Property Rights. This includes, but is not limited to, marketing materials, product specifications, price lists, technical documentation, software (including firmware available on the Portals), training materials, knowledge base articles, and content on the MeVision Dashboard and GuardForce services. MEFERI and its licensors own all right, title, and interest in and to the MEFERI Content. You may not copy, modify, distribute, sell, lease, or create derivative works from any MEFERI Content, nor may You reverse engineer or attempt to extract the source code of any software, unless laws prohibit these restrictions or You have Our written permission.
4.2. User Content
If You submit User Content through the Services (e.g., information in support tickets, project registration details on the Partner Portal):
(a) You retain ownership of your User Content.
(b) You grant MEFERI a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with providing and improving the Services and MEFERI’s business.
(c) You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that You have all necessary rights and permissions to submit the User Content and to grant the licenses described herein.
(d) MEFERI reserves the right, but is not obligated, to review, monitor, or remove User Content, at Our sole discretion and at any time and for any reason, without notice to You.
4.3. Feedback and Suggestions
If You provide MEFERI with any feedback, suggestions, improvements, or ideas related to the Services or Products (“Feedback”), You hereby grant MEFERI a worldwide, perpetual, irrevocable, royalty-free, fully paid-up license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.
5. Intellectual Property Rights
5.1. MEFERI’s Rights
All Intellectual Property Rights in and to the Services and MEFERI Content are and shall remain the exclusive property of MEFERI Technologies Co., Ltd. or its licensors. Nothing in these Terms grants You any right, title, or interest in or to the Services or MEFERI Content, except for the limited license expressly granted in Section 3.1.
5.2. Trademarks
The MEFERI name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MEFERI or its affiliates or licensors. You must not use such marks without the prior written permission of MEFERI. Use of MEFERI trademarks by authorized distributors or partners is subject to the terms of their respective Distribution or Partner Agreements and MEFERI’s Industrying guidelines.
6. Privacy and Data Protection
6.1. Privacy Policy
Your use of the Services is also subject to Our Privacy Policy, available at https://meferi.com/en/us/legal/privacy-policy . The Privacy Policy is incorporated by reference into these Terms and explains how We collect, use, and disclose information that pertains to your privacy.
6.2. Data Processing Agreement (DPA)
If MEFERI processes Personal Data on Your behalf (where You are a Controller and MEFERI is a Processor, e.g., in the context of MEFERI Shadowalk MDM/EMM Cloud Solution or other cloud services), such processing is governed by Our DPA, available at https://meferi.com/en/us/legal/data-processing-agreement .
6.3. Cookies and Tracking Technologies
We use cookies and similar tracking technologies (e.g., Google Analytics, Yandex.Metrika) to operate and improve Our Services and to analyze trends. For more detailed information, please refer to Our Privacy Policy.
7. Third-Party Websites and Services
7.1. Links to Third-Party Resources
The Services may contain links to third-party websites or resources. MEFERI provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
7.2. Third-Party Partner Solutions
MEFERI Products may be used in conjunction with software or services provided by third parties (“Third-Party Partner Solutions”) where You may have a direct contractual relationship with such providers. MEFERI is not responsible for the data processing activities or service provision of these third parties, unless such a provider is explicitly listed as a sub-processor to MEFERI in Our Sub-processor List for a specific purpose.
8. Disclaimers of Warranties
THE SERVICES AND MEFERI CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MEFERI EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MEFERI MAKES NO WARRANTY THAT THE SERVICES OR MEFERI CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MEFERI MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY MEFERI CONTENT OBTAINED THROUGH THE SERVICES.
THIS SECTION DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, NOR DOES IT AFFECT THE WARRANTIES PROVIDED FOR MEFERI PRODUCTS AS SET OUT IN THE MEFERI WARRANTY TERMS AND CONDITIONS AVAILABLE AT https://meferi.com/en/us/support-services/warranty/warranty-terms-and-conditions .
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MEFERI NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL 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 (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MEFERI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL MEFERI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT YOU PAID TO MEFERI, IF ANY, FOR ACCESSING OR USING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE HUNDRED U.S. DOLLARS (USD $100.00), WHICHEVER IS GREATER.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MEFERI AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. Indemnification
You agree to indemnify, defend, and hold harmless MEFERI and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including, without limitation, reasonable attorneys’ fees, arising from or relating to (i) your User Content, (ii) your use of, or inability to use, the Services, (iii) your violation of these Terms or any applicable law or regulation, or (iv) your violation of any rights of a third party. MEFERI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate in asserting any available defenses.
11. Term and Termination
11.1. Term
These Terms will remain in full force and effect while You use the Services.
11.2. Termination by MEFERI
MEFERI may, in its sole discretion, at any time and for any or no reason, suspend, terminate, or restrict your access to all or any part of the Services without prior notice or liability. Reasons for such termination may include, but are not limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by You (self-initiated account deletions), (d) discontinuance or material modification of the Services (or any part thereof), or (e) unexpected technical or security issues or problems.
11.3. Consequences of Termination
Upon termination of your access to the Services or your account, all rights and licenses granted to You under these Terms will immediately cease. MEFERI will not be liable to You or any third party for any termination of your access. Provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Modifications to Terms
MEFERI reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect, such as by posting the updated Terms on the Sites and updating the “Last Updated” date at the top of these Terms. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Services after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop using the Services.
13. Governing Law and Dispute Resolution
13.1. Governing Law
These Terms and any action related thereto will be governed by the laws of the People’s Republic of China without regard to its conflict of laws provisions.
13.2. Dispute Resolution
(a) Negotiation: The parties shall attempt in good faith to resolve any dispute arising out of or relating to these Terms through negotiations between executives who have authority to settle the controversy.
(b) Arbitration: If the dispute cannot be resolved by negotiation within thirty (30) days, or such further period as the parties shall agree in writing, any dispute, controversy, difference, or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach, or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Shenzhen Court of International Arbitration (SCIA) in Shenzhen, China, in accordance with the SCIA Arbitration Rules in effect at the time of applying for arbitration. The seat of arbitration shall be Shenzhen. The language of the arbitration shall be English. The arbitral award shall be final and binding upon both parties.
14. Contact Information
If you have any questions about these Terms, please contact MEFERI:
MEFERI Technologies Co., Ltd. (Headquarters)
5F, A5, Tianfu Software Park, No. 1129, Century City Road, High-tech Zone, 610000, Chengdu, Sichuan, P.R.China
Email: legal@meferi.com
Phone: +86 400-1818-815
EU Representative: MEFERI Poland Sp. z o.o.
Ul. Modelarska 18/2, 40-142 Katowice, Poland
Email: poland@meferi.com
15. Miscellaneous
15.1. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make it enforceable while achieving the original intent of the parties to the fullest extent permissible, and the remaining provisions of these Terms will remain in full force and effect.
15.2. Waiver
No waiver by MEFERI of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MEFERI to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
15.3. Entire Agreement
These Terms, together with Our Privacy Policy, DPA (where applicable), and any other legal notices published by MEFERI on the Services, shall constitute the entire agreement between You and MEFERI concerning your general use of the Services. As stated in Section 1.4, Specific Agreements will govern their respective subject matters and prevail in case of conflict.
15.4. Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
15.5. Language
These Terms may be translated into other languages. In the event of any conflict or inconsistency between the English version and any translated version, the English version shall prevail, unless otherwise required by applicable law.
15.6. Force Majeure
MEFERI shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MEFERI’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, or strikes.
15.7. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without MEFERI’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. MEFERI may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
15.8. No Third-Party Beneficiaries
Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
15.9. Relationship of the Parties
Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, franchise, sales representative, or employment relationship between You and MEFERI. You shall have no authority to make or accept any offers or representations on MEFERI’s behalf.
1. Introduction
1.1. Acceptance of Terms
By accessing or using Our Services, including but not limited to Our websites such as meferi.com, form.meferi.com, portal.meferi.com, support.meferi.com, and any other MEFERI-owned websites that link to these Terms (collectively, the “Sites”), you acknowledge that you have read, understood, and agree to be bound by these Terms, Our Privacy Policy available
at https://meferi.com/en/us/legal/privacy-policy , and where MEFERI acts as a Data Processor on your behalf, Our Data Processing Agreement (“DPA”) available
at https://meferi.com/en/us/legal/data-processing-agreement . If you do not agree with these Terms, you must not access or use Our Services.
1.2. Parties
These Terms constitute a legally binding agreement between you (“User”, “You”, or “Your”) and MEFERI. MEFERI Technologies Co., Ltd. is a company incorporated under the laws of the People’s Republic of China, with its registered office at 5F, A5, Tianfu Software Park, No. 1129, Century City Road, High-tech Zone, 610000, Chengdu, Sichuan, P.R.China. MEFERI’s EU Representative is MEFERI Poland Sp. z o.o., Ul. Modelarska 18/2, 40-142 Katowice, Poland. Other MEFERI affiliates may provide Services in specific regions.
1.3. Scope of Services
These Terms apply to your use of all MEFERI Sites, online portals (such as the Partner Portal at portal.meferi.com and the Support Portal at support.meferi.com ), platforms, and informational services provided by MEFERI, except where explicitly superseded by a separate written agreement.
1.4. Relationship to Other Agreements
These Terms govern the general use of Our Sites and informational Services. If You have entered into a separate written agreement with MEFERI or its authorized affiliate, such as a Distribution Agreement, Partner Agreement, Supply Contract, Data Processing Agreement (DPA), or specific General Terms of Service for MeCare service plans (collectively, “Specific Agreements”), the terms of such Specific Agreements shall prevail over these Terms in the event of any conflict with respect to the subject matter covered by the Specific Agreement.
The purchase and use of MEFERI hardware products (“Products”) and associated software are governed by MEFERI’s applicable warranty terms, end-user license agreements (“EULA”), and, for cloud-connected Products or services, the relevant DPA and main customer agreement.
2. Definitions
Unless otherwise defined herein, capitalized terms shall have the meanings ascribed to them in Our Privacy Policy or DPA.
“Services” means the Sites, online portals, platforms, software accessible through the Sites (unless governed by a separate EULA), information, content, and all related features and functionalities provided by MEFERI.
“Portals” refers specifically to the MEFERI Partner Portal (portal.meferi.com) and the MEFERI Support Portal (support.meferi.com) and any other secure online platforms requiring user registration.
“MEFERI Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials made available through the Services by MEFERI or its licensors.
“User Content” means any information, data, text, or other materials that You upload, submit, store, send, or receive through the Services (e.g., in support tickets or project registration forms).
“Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
3. Access to and Use of Services
3.1. License to Use
Subject to your compliance with these Terms, MEFERI grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes as intended by MEFERI.
3.2. User Accounts
Certain Services, particularly the Portals, require You to register for an account.
(a) Registration: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
(b) Responsibility: You are responsible for safeguarding your account password and for any activities or actions under your account, whether or not You have authorized such activities or actions. You will notify MEFERI immediately of any unauthorized use of your account.
(c) Suspension/Termination: MEFERI reserves the right to suspend or terminate your account and access to the Services if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete, or if You are otherwise in breach of these Terms.
3.3. User Conduct and Acceptable Use Policy
You agree not to use the Services to:
(a) Violate any local, state, national, or international law or regulation.
(b) Transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
(c) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
(d) Transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
(e) Transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
(f) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
(g) Infringe upon or violate MEFERI’s Intellectual Property Rights or the Intellectual Property Rights of others.
(h) Access or attempt to access any MEFERI Content or Services to which you are not authorized.
4. Content
4.1. MEFERI Content
The Services contain MEFERI Content, which is protected by Intellectual Property Rights. This includes, but is not limited to, marketing materials, product specifications, price lists, technical documentation, software (including firmware available on the Portals), training materials, knowledge base articles, and content on the MeVision Dashboard and GuardForce services. MEFERI and its licensors own all right, title, and interest in and to the MEFERI Content. You may not copy, modify, distribute, sell, lease, or create derivative works from any MEFERI Content, nor may You reverse engineer or attempt to extract the source code of any software, unless laws prohibit these restrictions or You have Our written permission.
4.2. User Content
If You submit User Content through the Services (e.g., information in support tickets, project registration details on the Partner Portal):
(a) You retain ownership of your User Content.
(b) You grant MEFERI a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with providing and improving the Services and MEFERI’s business.
(c) You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that You have all necessary rights and permissions to submit the User Content and to grant the licenses described herein.
(d) MEFERI reserves the right, but is not obligated, to review, monitor, or remove User Content, at Our sole discretion and at any time and for any reason, without notice to You.
4.3. Feedback and Suggestions
If You provide MEFERI with any feedback, suggestions, improvements, or ideas related to the Services or Products (“Feedback”), You hereby grant MEFERI a worldwide, perpetual, irrevocable, royalty-free, fully paid-up license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.
5. Intellectual Property Rights
5.1. MEFERI’s Rights
All Intellectual Property Rights in and to the Services and MEFERI Content are and shall remain the exclusive property of MEFERI Technologies Co., Ltd. or its licensors. Nothing in these Terms grants You any right, title, or interest in or to the Services or MEFERI Content, except for the limited license expressly granted in Section 3.1.
5.2. Trademarks
The MEFERI name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MEFERI or its affiliates or licensors. You must not use such marks without the prior written permission of MEFERI. Use of MEFERI trademarks by authorized distributors or partners is subject to the terms of their respective Distribution or Partner Agreements and MEFERI’s Industrying guidelines.
6. Privacy and Data Protection
6.1. Privacy Policy
Your use of the Services is also subject to Our Privacy Policy, available at https://meferi.com/en/us/legal/privacy-policy . The Privacy Policy is incorporated by reference into these Terms and explains how We collect, use, and disclose information that pertains to your privacy.
6.2. Data Processing Agreement (DPA)
If MEFERI processes Personal Data on Your behalf (where You are a Controller and MEFERI is a Processor, e.g., in the context of MEFERI Shadowalk MDM/EMM Cloud Solution or other cloud services), such processing is governed by Our DPA, available at https://meferi.com/en/us/legal/data-processing-agreement .
6.3. Cookies and Tracking Technologies
We use cookies and similar tracking technologies (e.g., Google Analytics, Yandex.Metrika) to operate and improve Our Services and to analyze trends. For more detailed information, please refer to Our Privacy Policy.
7. Third-Party Websites and Services
7.1. Links to Third-Party Resources
The Services may contain links to third-party websites or resources. MEFERI provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
7.2. Third-Party Partner Solutions
MEFERI Products may be used in conjunction with software or services provided by third parties (“Third-Party Partner Solutions”) where You may have a direct contractual relationship with such providers. MEFERI is not responsible for the data processing activities or service provision of these third parties, unless such a provider is explicitly listed as a sub-processor to MEFERI in Our Sub-processor List for a specific purpose.
8. Disclaimers of Warranties
THE SERVICES AND MEFERI CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MEFERI EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MEFERI MAKES NO WARRANTY THAT THE SERVICES OR MEFERI CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MEFERI MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY MEFERI CONTENT OBTAINED THROUGH THE SERVICES.
THIS SECTION DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, NOR DOES IT AFFECT THE WARRANTIES PROVIDED FOR MEFERI PRODUCTS AS SET OUT IN THE MEFERI WARRANTY TERMS AND CONDITIONS AVAILABLE AT https://meferi.com/en/us/support-services/warranty/warranty-terms-and-conditions .
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MEFERI NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL 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 (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MEFERI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL MEFERI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT YOU PAID TO MEFERI, IF ANY, FOR ACCESSING OR USING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE HUNDRED U.S. DOLLARS (USD $100.00), WHICHEVER IS GREATER.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MEFERI AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. Indemnification
You agree to indemnify, defend, and hold harmless MEFERI and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including, without limitation, reasonable attorneys’ fees, arising from or relating to (i) your User Content, (ii) your use of, or inability to use, the Services, (iii) your violation of these Terms or any applicable law or regulation, or (iv) your violation of any rights of a third party. MEFERI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate in asserting any available defenses.
11. Term and Termination
11.1. Term
These Terms will remain in full force and effect while You use the Services.
11.2. Termination by MEFERI
MEFERI may, in its sole discretion, at any time and for any or no reason, suspend, terminate, or restrict your access to all or any part of the Services without prior notice or liability. Reasons for such termination may include, but are not limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by You (self-initiated account deletions), (d) discontinuance or material modification of the Services (or any part thereof), or (e) unexpected technical or security issues or problems.
11.3. Consequences of Termination
Upon termination of your access to the Services or your account, all rights and licenses granted to You under these Terms will immediately cease. MEFERI will not be liable to You or any third party for any termination of your access. Provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Modifications to Terms
MEFERI reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect, such as by posting the updated Terms on the Sites and updating the “Last Updated” date at the top of these Terms. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Services after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop using the Services.
13. Governing Law and Dispute Resolution
13.1. Governing Law
These Terms and any action related thereto will be governed by the laws of the People’s Republic of China without regard to its conflict of laws provisions.
13.2. Dispute Resolution
(a) Negotiation: The parties shall attempt in good faith to resolve any dispute arising out of or relating to these Terms through negotiations between executives who have authority to settle the controversy.
(b) Arbitration: If the dispute cannot be resolved by negotiation within thirty (30) days, or such further period as the parties shall agree in writing, any dispute, controversy, difference, or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach, or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Shenzhen Court of International Arbitration (SCIA) in Shenzhen, China, in accordance with the SCIA Arbitration Rules in effect at the time of applying for arbitration. The seat of arbitration shall be Shenzhen. The language of the arbitration shall be English. The arbitral award shall be final and binding upon both parties.
14. Contact Information
If you have any questions about these Terms, please contact MEFERI:
MEFERI Technologies Co., Ltd. (Headquarters)
5F, A5, Tianfu Software Park, No. 1129, Century City Road, High-tech Zone, 610000, Chengdu, Sichuan, P.R.China
Email: legal@meferi.com
Phone: +86 400-1818-815
EU Representative: MEFERI Poland Sp. z o.o.
Ul. Modelarska 18/2, 40-142 Katowice, Poland
Email: poland@meferi.com
15. Miscellaneous
15.1. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make it enforceable while achieving the original intent of the parties to the fullest extent permissible, and the remaining provisions of these Terms will remain in full force and effect.
15.2. Waiver
No waiver by MEFERI of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MEFERI to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
15.3. Entire Agreement
These Terms, together with Our Privacy Policy, DPA (where applicable), and any other legal notices published by MEFERI on the Services, shall constitute the entire agreement between You and MEFERI concerning your general use of the Services. As stated in Section 1.4, Specific Agreements will govern their respective subject matters and prevail in case of conflict.
15.4. Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
15.5. Language
These Terms may be translated into other languages. In the event of any conflict or inconsistency between the English version and any translated version, the English version shall prevail, unless otherwise required by applicable law.
15.6. Force Majeure
MEFERI shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MEFERI’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, or strikes.
15.7. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without MEFERI’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. MEFERI may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
15.8. No Third-Party Beneficiaries
Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
15.9. Relationship of the Parties
Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, franchise, sales representative, or employment relationship between You and MEFERI. You shall have no authority to make or accept any offers or representations on MEFERI’s behalf.
