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Terms of Use

We, GMobile, Room 603, XiYueGe Building, Xi’an Software Park, #72, Keji 2nd Road, Gaoxin District, Xi’an City, Shaanxi Province, China (“File Expert”; "we"), have developed the application "File Expert" ("File Expert") which can be downloaded at www.gmgm.io/fe and other domains. File Expert is a file manager for both Android and iOS platforms to organize files, backup files to Cloud and transfer files between phone and PC.

Scope: Who and What Do These Conditions Apply to?

1.1 These Terms of Use apply to your use of File Expert with all content, functions, services and rules for the contractual relationship between you and us. Your own General Terms and Conditions of Business will only become part of this agreement if we have explicitly agreed upon this in writing.

1.2 We can agree with you on additional Terms of Use with respect to certain applications within File Expert. However, we will duly inform you of such additional Terms and Conditions before use.

1.3 We reserve the right to offer additional services. These Terms of Use are aimed at both end users and businesses. End users are persons who conclude legal transactions for a purpose that can be ascribed neither to their commercial nor self-employed professional activities. Businesses are natural persons, legal entities or legally capable partnerships who exercise their commercial or self-employed professional activities when concluding a legal transaction.

Purpose of the Agreement: Scope of File Expert’s Offer

2.1 The purpose of this agreement is the paid or free of charge use of the File Expert applications, which can be retrieved via www.gmgm.io as mobile applications ("apps"). All data are stored in the Cloud and can thus be retrieved at any time by various types of terminals. In which form and on which devices you can use File Expert is described at www.gmgm.io. File Expert provides the following for the use of various different applications:

For a fee, you can upgrade to Professional or Subscription account. The exact scope of services can be seen in the description of services of the above accounts which you can access in the app.

2.2 File Expert allows that you connect to other users. We provide the technical requirements in the form of the applications. We are not involved in the connection or communication ourselves.

2.3 In the future, external development partners will be able to offer applications/features via File Expert which you can integrate into your File Expert profile. The price of these applications/features will be determined solely by the development partner. You will enter into the agreement for use for these applications/features solely with the development partner.

2.4 File Expert will be available for use ("system uptime") 24 hours a day, 365 days a year with 97% availability on average ("SLA"). If maintenance work is necessary and if File expert is not available for maintenance reasons, we will duly inform you. Disruptions to File Expert for maintenance reasons will not be counted as part of SLA time. We will not be responsible for internet/network-related downtimes and, in particular, for downtimes in which File Expert cannot be accessed due to technical or other problems outside our area of influence, e.g. force majeur, fault of third parties.

Registration, Concluding Contracts, Use of File Expert: Rights and Responsibilities

3.1 Downloading File Expert

3.1.1 You can download File Expert as a mobile app for various devices.

3.2 Registration, Conclusion of a Contract

3.2.1 You can use File Expert without registering. However, non-registered accounts may be restricted in terms of time and range of functions.

3.2.2 To be able to use all the functions of File Expert, you will need to register.

3.2.3 We offer you various registration options. You can choose which of these options you would like to use to register.

3.2.4 To register with File Expert you must supply the required data truthfully and fully if these are not voluntary details. You must choose an email address at which we can contact you.

3.3 Concluding the Agreement

3.3.1 Mobile Apps

In the case of the mobile apps, you conclude an agreement for use when you click on the "Install" button on the product description page of the relevant app store and, where required, you enter your password.

3.3.2 There is no entitlement to conclude an agreement for use. We can decline to accept your registration at any time without giving reasons. In this case, we will of course delete all of your information and data.

3.3 You may use all of the free features of File Expert free of charge. Using features that are not free of charge as a “Professional” or “Subscription” user may incur charges.

3.4 You are responsible for keeping your password confidential. This means, that you don’t give it to anyone else, that you don’t permit or enable third parties to gain knowledge of it and that you take the necessary steps to guarantee its confidentiality.

3.5 Rules for Using File Expert

3.5.1 When using File Expert you must obey all of the relevant laws and other legal provisions of the People’s Republic of China. In particular, you may not enter and/or disseminate unlawful data or data that infringes copyrights and any other third party rights. Such data includes but is not limited to: text, images, graphics or links. You are solely responsible for the data and content you provide. We do not examine whether content uploaded is appropriate or free of viruses nor do we determine whether it is technically possible to examine it for viruses.

3.5.2 You may not upload any files depicting violence or pornographic, discriminatory, insulting, racist, slanderous or otherwise illegal content or documents and/or make them publicly accessible. Pictures or photos showing people other than yourself may only be uploaded to File Expert if you have the consent of each person.

3.5.3 You, as well as we, can delete or replace photos or other pictures at any time. In particular, we are entitled to remove pictures or files without prior warning if and when there is good reason to believe that publishing them on File Expert violates the law, moral standards and/or the rights of third parties.

3.5.4 Content and texts posted on File Expert may not be copied, disseminated or made publicly accessible in any other way without the explicit consent of the owner of the rights unless this is permitted by law.

3.5.5 Acts of harassment such as sending chain letters or communications of a salacious or sexual nature are not permitted.

3.5.6 You are not allowed to attack the operational capacity of File Expert by any means, such as: sending mass emails (spam); carrying out hacking attempts or brute-force attacks; using or sending spy software, viruses or worms.

3.5.7 If you violate these rules, we will be entitled to issue you a warning, temporarily block your use of File Expert or, if appropriate, to fully exclude you from its use. We are entitled to remove illegal content immediately.

3.6 Indemnification

3.6.1 You will indemnify us from all claims, including damages claims, asserted against us by other users or other third parties, including public authorities, due to violations of their rights due to content that you have uploaded to File Expert. Furthermore, you will indemnify us from all claims, including damages claims, asserted against us by other users or other third parties, including public authorities, due to violations of their rights as a result of your use of File Expert. You will bear all appropriate costs, including appropriate costs incurred for legal defense that we have to pay as a result of your violation of the rights of third parties. All of our further rights and damage claims will remain unaffected. You are entitled to provide evidence that we have incurred lower costs than stated.

3.6.2 The above-mentioned obligations will only apply if you are responsible for the violation of rights in question; in other words, if you have knowingly or deliberately omitted to exercise due diligence.

3.7 Data Backup 

You will take the necessary measures according to your own risk assessment to regularly back up the data and content you have entered, uploaded and stored on File Expert, and create your own backup copies in order to guarantee reconstruction of the data and content in case of data loss.

3.8 Identity of Users

Technically, we are not capable to definitively determine whether a registered user on File Expert actually has the identity she claims to have. We therefore cannot guarantee the correct identity of any user.

Instruction on Revocation

4.1 Regarding the agreement of the use of this service, you have, if you are a consumer with your normal place of abode or residence in the European Union, a legal right to revoke this agreement in accordance with the following:

Right of Revocation

You have the right to withdraw from this contract within 14 days without giving any reason.

To exercise the right of withdrawal, you must inform us (Room 603, XiYueGe Building, Xi’an Software Park, #72, Keji 2nd Road, Gaoxin District, Xi’an City, Shaanxi Province, China, 710075, support@xageek.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email).

To meet the withdrawal deadline, it is sufficient if you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Revocation

If you withdraw from this contract, we shall reimburse all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery that we offer), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Special Notes

Your right of revocation expires prematurely if the agreement is fulfilled by both sides on your specific request before you have exercised your right of revocation.

End of Instruction on the Right of Revocation

4.2 Sample Withdrawal Form

If you wish to withdraw from your contract, please fill out this sample withdrawal form and return it to:

Room 603, XiYueGe Building, Xi’an Software Park, #72, Keji 2nd Road, Gaoxin District, Xi’an City, Shaanxi Province, China, 710075, email: support@xageek.com I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods/for the provision of the following service:
Ordered on / Received on
Name of user(s)
Email
Address
Signature(s) [only if this form is returned on paper]
Date
please delete where inapplicable

Responsibility for Content

5.1 We accept no responsibility for texts, content, images, data and/or information uploaded by you or other File Expert users. Furthermore, we accept no responsibility for design and/or content of external websites linked to from File Expert. In particular, we give no guarantee that the content showed in File Expert is true, fulfil any particular purpose or can serve any particular purpose.

5.2 If you notice or suspect any illegal or non-contractual use of File Expert, you can report this to us at any time via this email address:
 support@xageek.com.

Professional/Subscription Accounts

Certain features are only accessible to users who have registered as Professional/Subscription users and who pay for Professional/Subscription Accounts. You will find all the benefits and features of File Professional/Subscription in the app.

6.1 Payment and Invoicing

6.1.1 Payment for using File Expert Professional/Subscription is made in accordance with the invoicing conditions selected by you. The price and discounts that apply and are accepted by all parties at the moment of transaction are indicated at: www.gmgm.io/pro.

6.1.2 Prices of applications of third-party providers or external developers are determined explicitly by them.

6.1.3 Charges are due at the beginning of each invoicing period. If you purchase Professional Version, you can use the entire features whenever you enter your account. If you have a subscription, it will renew automatically until you cancel. Every further payment will be due at the beginning of the new payment cycle.

6.1.4 All charges and prices stated include the applicable value added tax.

6.1.5 You may only offset invoices against legally determined or undisputed claims or right of retention. You may only assign claims arising from this agreement with our written consent.

6.2 Default of Your Payments

6.2.1 If you are delayed with your payment obligations (including immediately after the first default), we will be entitled to block access to your File Expert Professional/Subscription Account. If your account is considerably in arrears, we will be entitled to terminate the agreement without notice. A “considerably” is defined as the amount of one payment. In this case, you will remain obliged to reimburse the outstanding amount.

6.2.2 The amount of damage is to be set higher or lower if we or you are able to prove greater or lesser damage.

6.2.3 We reserve the right to assert further claims for default of payment.

Term of Your Licensing Agreement and Terminatio

7.1 Free Use of File Expert

7.1.1 The agreement on free use of File Expert apps is for an indefinite period.

7.1.2 We can terminate this agreement in writing with a notice period of two (2) weeks (email will be sufficient).

7.2 Use of Professional/Subscription Accounts

7.2.1 Depending on the Professional Account payment method, the features included in Professional Accounts can be used permanently.

7.2.2 Depending on the Subscription Accounts payment method, the agreement is concluded for an indefinite term or for a given fixed minimum term (usually one calendar month).

7.2.3 Agreements with a minimum term will run until the end of the agreed period and will be extended automatically by the same period if you do not terminate your Account beforehand. If you terminate a Subscription Account, the original agreements will run to the end of the agreed term and will not be renewed. Reimbursement of already-paid fees for the current term is not possible.

7.3 In addition, the agreement may be terminated for just cause. Just cause, which would entitle File Expert to terminate the agreement, would be if you breach your contractual obligations, in particular the rules of use described in Section 3.6 or if you are delayed with your payment obligations in accordance with Section 6.2.1.

Liability for Defects

8.1 We are only liable for defects in File Expert in accordance with Section 8 provided the impairments are not due to the restrictions in availability (SLA) described in Section 2.4.

8.2 A defect will always be deemed to exist if the suitability for contractual use is suspended or considerably restricted. If suitability for contractual use is suspended in full, you will be released from paying your charges in accordance with No. 6 until the defect is corrected. If use is partially available, the charges will be reduced to an appropriate level for the period until the defect is corrected.

8.3 You must inform us of the defect in writing or by email immediately.

8.4 You are not entitled to damages due to a defect to File Expert due to a circumstance for which we are not responsible, either existing when you sign the agreement or occurring thereafter.

8.5 Further claims and rights for defects to File Expert—other than those explicitly named in No. 8—will not be recognized except if we are held liable for them by statutory provisions.

Liability

9.1 Free Use of File Expert

Our liability for use of the free File Expert product is restricted to intention and gross negligence or the absence of a guaranteed characteristic. We will be fully liable in cases of intention; in cases of gross negligence and the absence of a guaranteed feature, our liability will be restricted to typical and foreseeable damage. Any further liability is excluded.

9.2 Use of the Professional/Subscription Accounts for Payment 

We will be liable as follows for use of Professional/Subscription Accounts made available against payment:

9.2.1 Claims by users for compensation will not be recognized. Exceptions are: damages claimed by users for death, physical injury, harm to human health, the breach of essential contractual obligations (cardinal obligations) or liability for other damage resulting from an intently or grossly negligent breach of duty on our part, our legal representatives or assistants. Cardinal obligations within the meaning of these Terms and Conditions are those obligations that make the due performance of this agreement and the achievement of its objectives possible in the first place, and on the regular compliance of which the user may therefore rely.

9.2.2 Where essential contractual obligations are violated, we will only be liable for the foreseeable damage typical to agreements of this nature if the damage were merely caused negligently, unless the damage claims by the user refer to cases of death or injury to body or health.

9.2.3 Claims in accordance with the China Product Liability Act will remain unaffected.

9.2.4 The restrictions of Sections 9.2.1 and 9.2.2 will also apply in favor of our legal representatives and assistants if claims are asserted against these parties directly.

Miscellaneous: Final Provisions and Amendments to the Terms and Conditions of Use

10.1 This agreement shall be governed by the laws of the People’s Republic of China.

10.2 If you have no place of jurisdiction in China or EU member state, if you have transferred your permanent domicile abroad after these Terms of Use take effect or if your domicile or usual place of residence is unknown at the time legal action is taken, the sole place of jurisdiction for all disputes arising from this agreement will be the location of our registered offices.

10.3 Should individual provisions of these Terms of Use be or become invalid and/or contrary to the statutory provisions, this will not affect the validity remaining Terms of Use. In place of the invalid, unenforceable term, the Parties shall mutually agree on such valid commercial terms which the Parties would reasonably have agreed otherwise. The above-mentioned provision will apply correspondingly in the case of omissions in these provisions.

10.4 We reserve the right to amend and adapt these Terms and Conditions with effect for the future. You can request the currently applicable version of the Terms of Use via support@xageek.com or access them at www.gmgm.io/terms. You will be notified by email no later than one month before new Terms and Conditions take effect. If you do not object to the validity of the new Terms of Use within one month after they take effect, you will be deemed to have accepted the new Terms of Use. We will inform you separately in suitable form about the significance of the one month’s notice period, your right to object and the legal consequences of non-objection. This amendment mechanism does not apply to amendments to the parties’ main contractual obligations.