These terms of service are applicable to the services provided by NextDrive Technology Co., Ltd. (hereinafter referred to as “the Company”) to users (hereinafter referred to as “you”), including but not limited to the website at https://www.nextdrive.io/ and its subdomains, such as IoE Suite Ecogenie+, IoE Suite Developer, EneSense (hereinafter referred to as “the Website”), Ecogenie APP, Ecogenie+ APP, IOEn Connect APP (hereinafter collectively referred to as “NextDrive APP”), as well as any websites, platforms, products, applications, or services provided now or in the future by the Company and its affiliated entities (hereinafter collectively referred to as “the Service”). To protect your rights and interests, please carefully read and fully understand all the contents of these terms of service before applying for membership or using the Service to collectively ensure the security of website information and service quality.

Prior to using the Service, you are required to declare and warrant that you possess full legal capacity or have the necessary authorization, enabling you to read and comprehend the terms of these conditions effectively. You must also be able to genuinely agree to the contents of these terms. If you have not attained the legal age or have not secured adequate authorization, you must obtain consent, permission, and authorization from your parents, legal guardians, legal representative, or other authorized individuals to read, understand, and agree to all the contents of these terms of service, including any subsequent modifications, prior to using or continuing to use the Service. By using or continuing to use the Service, it is deemed that you have obtained the aforementioned consent, permission, and authorization.

1. Acknowledgment and Acceptance of Terms
   1. By using this service, you acknowledge that you have read, understood, and agreed to all the contents of these terms of service and fully accept all the existing and future services and regulations arising from this service.
   2. The company reserves the right to modify or change the contents of these terms of service at any time. Please be attentive to relevant announcements regarding such modifications or changes. If you continue to use this service after any such modification or change, it is considered that you have read, understood, and agreed to accept such modification or change.
   3. If you do not agree with the terms of these terms of service or the content of any subsequent modifications or changes, or if the content of these terms of service is excluded in whole or in part by your country or region, please discontinue using this service immediately, close the webpage, and delete the program or app, among other actions.
      
      
2. Member Registration, Account, and Password Security
   1. You must complete the member registration process to use this service. Any information you provide to the company during the member registration or use of this service must be ensured to be complete and accurate. In case of any changes, please update your relevant information promptly to ensure data integrity and accuracy. If the above information is found to be untrue or not promptly updated, resulting in harm to your or others’ rights or violations of relevant laws, you will bear the associated risks, and the company shall not be held responsible.
   2. To ensure the security of this service and the information you provide, you are obligated to properly safeguard your account and password and maintain the confidentiality and security of your password and account. Do not disclose, provide, rent, lend, transfer, or authorize third parties to use your account and password. All actions, such as logging into the system using this account and password, and using this service, are considered as legitimate actions by you and will be at your own risk.
   3. If you discover that your account or password has been stolen, misused, or used unlawfully by others, or if there is any abnormality that compromises the security of use or any situation where this website cannot determine if it is you personally using the account, you should immediately notify the company. However, the company shall not be liable for any damages resulting from the unlawful use of your account and password.
   4. To ensure the security of account usage, if you have not used your account for an extended period, or if you provide any incorrect, untrue, incomplete, or outdated information, or if there are suspicions of your account being stolen or misused by others, the company has the right, without prior notice, to suspend some or all of the account’s privileges, cancel your membership, or refuse the use of this service in whole or in part.
      
      
3. Service Scope
   1. You may download and use the NextDrive APP and select services such as integrated smart home functions, electricity usage visibility, cloud account management, cloud data analysis, and more, based on your needs. Some service offerings may require individual application or payment, and the payment methods for individual services will be subject to the service terms and relevant provisions of each specific service.
   2. When you download and install the NextDrive APP and begin using specific service offerings, it is considered that you agree to and abide by the service terms and relevant provisions as separately announced on the respective pages of each service offering. The service terms or relevant provisions separately announced shall also be considered an integral part of these Terms of Service.
   3. If any provision or part of a provision in these Terms of Service is found to be invalid, it shall not affect the validity of other provisions.
      
      
4. User Responsibilities
   1. When using this service, you shall comply with the provisions of these Terms of Service and also undertake to comply with the relevant laws of the Republic of China, the local laws of your place of use, and the international practices and etiquette of the Internet. Furthermore, you must ensure that you do not use this service in any unlawful manner and refrain from engaging in the following activities:

       

      4.1.1 Engaging in activities that constitute illegal actions or pose a threat to national security or public safety.

      4.1.2 Infringing upon the intellectual property rights or other rights of third parties, or engaging in conduct that may infringe upon such rights.

      4.1.3 Engaging in actions such as threats, insults, harassment, defamation, harm, fraud, invasion of others’ privacy, infringement, or obscenity.

      4.1.4 Impersonating a third party.

      4.1.5 Imposing unreasonable burdens on the equipment or facilities of the Company or third-party partners.

      4.1.6 Interfering with or attempting to interfere with the normal operation of this service (including but not limited to the distribution or uploading of viruses, Trojan horses, etc.).

      4.1.7 Cracking or attempting to circumvent measures used by the Company to prevent or restrict the use of this service.

      4.1.8 Attempting to obtain the source code or algorithms of this service application through deciphering, decompilation, reverse engineering, or other means.

      4.1.9 Creating any derivative works related to this service through modification, translation, or other means.

      4.1.10 Transferring any rights under this terms of service in any manner without the prior consent of the Company.

   2. In the event of a violation of the above provisions, these Terms of Service, or involve in any other illegal activities, you shall bear the relevant legal responsibilities on your own, and the Company shall not be involved. If such violations result in losses to the Company (including but not limited to the Company’s employees, agents, and other related personnel), affiliated companies, or partner companies, the Company has the right to seek damages from you (including but not limited to attorney’s fees and litigation costs).
      
      
5. Limitation of Liability
   You, as a user, understand and agree to the following:
   1. The hosting servers of this service are equipped with information security devices, such as firewalls and antivirus systems, and necessary security measures are followed in accordance with the ISO 27017 principles to provide appropriate product technology, ensuring the security, integrity, and availability of the website and your related information assets. However, the security of the network environment you use may result in data leakage during Internet transmission. Therefore, you shall bear the risk of your related information assets during network transmission, and the Company cannot assume any responsibility.
   2. The Company and this service make every effort to ensure the accuracy, reliability, completeness, and security of the information and data provided. However, under no circumstances shall the Company and this service state, guarantee, or warrant, either expressly, implicitly, or impliedly, that all content and data are entirely accurate. Therefore, the Company and this service are not responsible for any omissions, errors, infringements, or similar matters concerning any data and information.
   3. This service cannot guarantee that it will fully meet your expectations. Users of this service are responsible for independently evaluating the accuracy, appropriateness, reliability, completeness, and security of the content, data, and information provided by this service, and verifying them. Any decisions or actions you take after using this service are entirely at your discretion and risk. The Company and this service will not assume any responsibility for your decisions or actions.
   4. When using this service, you must comply with the Terms of Service and individual service terms and configure the service as instructed by this service. In case of violations, or if you are unable to use this service due to reasons attributable to your own improper operation or other causes not attributable to the Company, you shall bear the relevant risks and damages, and the Company will not be liable for compensation.
   5. This service may provide external links to websites operated by third-party entities. However, please note that this does not imply any relationship between the Company and these entities. When you use external links to connect to third-party websites, you should independently confirm the user terms, privacy policies, and/or similar regulations of the third-party website. If you incur any damage as a result of using such websites or resources, you are solely responsible, and the Company will not assume any responsibility.
   6. Any files and other electronic data downloaded by you through this service are based on your personal preferences. You should consider the risks before downloading. If downloading results in damage to your computer system or data loss, the Company will not assume any responsibility.
   7. The Company shall not be liable for any direct, indirect, consequential, or special damages incurred by you in connection with your use of the services or your inability to use the services. If the services you use involve a consideration, the Company’s liability is limited to the amount you have paid as consideration.
      
      
6. Notifications
   1. The Company will periodically send notifications to you. If you do not wish to receive promotional information from the Company, please contact us at connect@nextdrive.io.
   2. Notifications sent by the Company are not encrypted, so we will never mention your password in notifications. However, because notifications may still contain other personal information about your account, anyone with access to your email inbox can view the contents of these notifications.
   3. You understand and agree that any notifications provided to you through mobile applications and web applications may be subject to delays or interception. The Company will make every effort to provide timely notifications and accurate information, but we cannot guarantee the success of notifications or the accuracy of notification content. By accepting this, you also agree that the Company is not responsible for any delays, failures to notify, improper notifications, or errors in notification content. The Company will not be liable for any actions taken or not taken by you or any third party based on such notifications.
      
      
7. Personal Data
   1. Regarding the collection, processing, and utilization of your personal data, please refer to our “Privacy Policy.” The personal data you provide to the Company during the registration process or while using the services will be subject to the regulations of the Republic of China (Taiwan) or the relevant laws of your local jurisdiction (including but not limited to personal data protection laws) and our “Privacy Policy.”
   2. You must confirm that you are the owner of the information or that you have the right to use and provide the relevant information. When you provide information through our services, it is deemed that you have explicitly authorized the Company to use and utilize your information within the scope of providing the services.
      
      
8. Intellectual Property
   1. The software, programs, or content used in this service, including but not limited to text, works, images, files, information, data, website structure, website layout, and more, are all subject to copyright, patent rights, trademarks, trade secrets, intellectual property rights, or other rights owned by the Company or other rightful owners under the law. Without the prior written consent and lawful authorization of the Company and the rightful owners, no one may use, modify, reproduce, publicly broadcast, transmit, adapt, distribute, publish, publicly disclose, perform reverse engineering, decompile, disassemble, or use in any way for any purpose. Otherwise, they shall bear all legal responsibilities and shall be liable for any damages caused to the Company and other rightful owners by their actions.
   2. You shall not obtain, through this service, any ownership or authorization related to the software, patent rights, trademarks, copyrights, intellectual property rights, trade secrets, or any other rights related to this service. You are also not allowed to sublicense all rights of the Company or other rightful owners to any third party. You must commit to ensuring that the intellectual property rights of the Company remain unopposed, valid, assessed, and unimpaired in any way.
   3. If third-party software is involved, you agree to comply with the public statements of the third-party software provider and use such third-party software within the limits of the public licenses obtained by the Company for such third-party software.
      
      
9. Service Suspension or Interruption
   1. In the event of any of the following circumstances, the Company may suspend or interrupt all or part of the service and will notify you through email, announcements, or other appropriate means as much as possible:

      9.2.1 When the related software and hardware equipment of this service is relocated, replaced, modified, upgraded, maintained, repaired, or undergoing routine maintenance.

      9.2.2 When there is a sudden issue or failure in the electronic communication equipment of this service or the systems of cooperating third parties.

      9.2.3 When natural disasters or other force majeure factors result in the suspension or interruption of this service.

      9.2.4 For reasons beyond the control of the Company or for causes not attributable to the Company (including but not limited to cyberattacks, computer virus invasions, government regulations, etc.), which lead to incorrect information display, forgery, alteration, deletion, leakage, or extraction of information within this service, or cause the temporary suspension, interruption, or abnormal operation of the service system.

       

   2. Unless otherwise stipulated in the Service Terms, you must independently back up and archive all data generated by your use of this service (including but not limited to video files, and electronic data of various formats). The Company is not responsible for the safekeeping of such data.
   3. You fully understand and agree that although the Company has made every effort to ensure the accuracy, reliability, completeness, and security of the service provided, there is still the possibility of interruption, temporary unavailability, delay, or errors in data transmission or storage due to the circumstances mentioned above or due to the failure or malfunction of the hardware and software equipment of the Company, other cooperating third parties, or related telecommunications operators’ network systems. If any of these events result in any direct or indirect damage to you, the Company assumes no responsibility. You also understand and agree not to make any claims against the Company for the events mentioned above.
      
      
10. Termination or Modification of Services
    
    1. The Company reserves the right to terminate, add, delete, or modify the content of any free services at any time without prior notice, as well as to cancel, terminate, or restrict the rights to all or part of the services for any unpaid member account. You shall not demand compensation or damages for these actions. Regardless of the circumstances, for the discontinuation or modification of free services or the termination of services for any unpaid member account, any inconvenience or damage that may result, whether to you or any third party, shall not impose any compensation liability on the Company.
    2. In the event that the Company intends to terminate or modify the services, it will make every effort to announce such changes in advance on this website or notify users through email or other appropriate means. However, this is not applies in cases of emergencies or situations where notification is not feasible. You agree that the Company shall not be liable for any loss of benefits, or direct or indirect damages caused by the termination or modification of all or part of the services.
       
       
11. Cancellation and Termination of Membership
    1. In the event that you violate these Terms of Service, engage in other illegal or non-compliant activities, or there is a risk of such violations, the Company reserves the right to take the following measures at any time, without incurring any liability for compensation or damages to you or any third party:
       

       11.2.1 Suspend, terminate, or deny your use of all or part of this service. 

       11.2.2 Cancel your membership and account. 

       11.2.3 Permanently deny your membership application.

    2. If you wish to terminate your membership with this service, please contact the Company at connect@nextdrive.io and send a request with the relevant information. After verifying your basic membership information, the Company will terminate your membership. Upon termination of membership, the Company may delete your registration data and all related information. If any unpaid service fees, amounts, or compensation obligations are outstanding after the termination of your membership, the Company may continue to exercise and assert its rights against you.
    3. In the event that the Company takes any action under any provision of these Terms of Service, resulting in any damage to you or any third party, the Company shall not be liable for such damage.
       
       
12. Governing Law and Jurisdiction
    1. The interpretation and application of these Terms of Service shall be governed by the laws of the Republic of China (Taiwan).
    2. In the event of any dispute between you and the Company arising from the performance of these Terms of Service, both parties agree that the Taipei District Court in Taiwan shall be the first instance jurisdictional court. However, if there are special provisions under the law that specify exclusive jurisdiction, such provisions shall prevail.