AccuHeat Terms of Use

DATE: January 1, 2026

These Terms of Use (“Terms”) shall govern your use and access of this AccuHeat application and its services (the “Services”) provided by Hangzhou Accumems Technology Co., Ltd. and/or their affiliates (“AccuMEMS”, “we”, “our”, or “us”).

Your use of the Services is governed by the Terms in effect on the date of use. Your continued usage and access to the Services imply your acknowledgment and agreement to the Terms. AccuMEMS reserves the right to modify the Terms of Use at any time and without prior notice. In the case of any violation against the provisions of the Terms, AccuMEMS shall have the right to seek legal and fair remedies.

1.       YOUR USE OF THE SERVICES

When using the Services, you shall not:

• use or access the Services for any fraudulent or unlawful purpose;
• in violation of any law, third-party rights, policies or operating rules posted on this application or that is otherwise objectionable to AccuMEMS, including but not limited to any content that is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, or illegal;
• that may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam”;
• use or access the Services to impersonate any person or entity, or otherwise to use a false email address or other identifying information to mislead us or others as to your identity or the origin of any content you provide;
• interfere with or disrupt the operation of the Services or access to it;
• transmit or otherwise make available in connection with the Services or access to it any virus, worm, Trojan horse, time bomb, spyware, or other harmful computer code, file, or program;
• restrict or inhibit the ability of any other person to access or use the Services;
• modify, adapt or translate any portion of the Services;
• remove, obscure or modify any copyright, trademark, or other proprietary rights notice from the Services.

You agree to:

• indemnify, defend and hold harmless AccuMEMS and its affiliates and their respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of this application and any violation of these Terms of Use, however AccuMEMS retains the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with AccuMEMS in the defense of such matter;

2.       CONTENT

The Contents of this Services include but are not limited to text, images, data, points of views, suggestions, web pages, and links offered on or through the Services. This application and its contents are provided for your convenience only. Although AccuMEMS has attempted to provide accurate information on this application, it assumes no obligation or responsibility whatsoever regarding the accuracy and completeness of the information. AccuMEMS may change the contents available on this application or the products mentioned at any time and without notice.

ALL INFORMATION PROVIDED ON THE SERVICES IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND. ACCUMEMS HEREBY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

AccuMEMS or its licensors own and retain all rights, including all applicable intellectual property rights, in all software on this application, in both source and binary forms, sample code, APIs, SDKs, associated documentation, and other related materials (collectively, "Software Content").

Unless you have obtained relevant license through other agreement entered between you and us, nothing in the Terms grants any right or license to Software Content to you, and you shall not:

• reverse engineer, decompile, disassemble, split, adapt, implant, or implement other derivative works on the Software Content;
• research the internal implementation of our products, obtain product source code, or steal intellectual property rights in any manner; and/or
• disclose results of any benchmark tests.

3.       LEGAL DISCLAIMER

Nothing in these Terms is intended to exclude or limit our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation or for any other liability that cannot be excluded or limited by law.

We give no warranty:

• that access to the Services will be uninterrupted or error-free;
• that the Services and/or the computer server from which the Services is made available are free of viruses or other harmful components;
• as to the accuracy, content, timeliness, completeness, reliability, quality or suitability of any content contained in or delivered via the application or otherwise made available in connection with the Services.

You acknowledge that the operation of the application depends on the proper functioning of the internet and third-party services. We do not guarantee, and shall not be liable for, the performance or availability of such external systems.

To the maximum extent permitted by law, AccuMEMS shall not be liable for any indirect, consequential, incidental, punitive, or exemplary damages, including lost profits, regardless of whether AccuMEMS has been advised of the possibility of such damages. Notwithstanding the foregoing, if AccuMEMS is found liable in connection with your use of the Services or any content obtained therefrom, its total liability shall not exceed the greater of: (1) the total fees paid by you for the Services in the six months preceding the claim (excluding hardware or software product purchases), or (2) US$100.00.

4.       INTELLECTUAL PROPERTY RIGHTS

The intellectual property rights in the Services and copyright in all material stored, displayed and accessible on the Services is either owned us or duly licensed by third parties. All such rights are reserved.

5.       PRIVACY

The Privacy Policy (the link:[Amaris1]  https://www.accumems.com/pages/app-privacy-policy) is applicable to the use of personal information on or through the Services. By using the Services, you agree that AccuMEMS can use such information in accordance with this Privacy Policy.

6.       GOVERNING LAW AND JURISDICTION

These Terms and any dispute arising out of or relating to the Services shall be governed by and construed in accordance with the laws of Singapore, without regard to conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be finally resolved by binding arbitration in Singapore, administered by the Singapore International Arbitration Centre (SIAC) in accordance with its rules.

The preceding provision regarding dispute resolution does not apply in some jurisdictions where such dispute resolution may be prohibited. For example, if you are a user based in the European Union, you may make a claim in the courts of the country where you reside.

7.       ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and AccuMEMS about your use of the Services, and any and all other written or oral agreements or understandings previously existing between you and AccuMEMS with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with us, we will not accept any counteroffers to these Terms, and all such offers are hereby categorically rejected. Our failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by us of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between AccuMEMS and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.

8.       SEVERABILITY

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.