The General Terms and Additional Terms are a legal agreement between you and GT Booster, and govern your access to and use of our Services and Software.

Last updated: 03 July 2023. These Terms replace and supersede all prior versions.

IMPORTANT! PLEASE READ CAREFULLY.

These General Terms of Use (“General Terms”), along with any applicable Additional Terms of Use (“Additional Terms”) (collectively, the “Terms”), are a legal agreement between you and GT Booster Corporation, its subsidiaries and its affiliated companies (“GT Booster”, “we/our/us”), and govern your access to and use of our (i) websites, customer support, forums, events, or other interactive or cloud services (collectively, the “Services”); and (ii) software, applications, firmware, scripts, instruction sets, and any related documentation (collectively, the “Software”). By accessing and using the Services and Software, you accept and agree to the Terms.

In addition to the General Terms and Privacy Policy (as defined in our Privacy Policy), in certain instances the Services or Software may be accompanied by Additional Terms. Such terms will be presented to you, and your agreement to both the General Terms and the Additional Terms will be mandatory if you decide to use the Services or Software. Any Additional Terms for specific Services or Software control where it conflicts with the General Terms.


Additional Terms

1.1 Acceptance of the Terms. By accessing or using the Services or Software, you accept and agree to all of the Terms. If you do not accept or agree to all of the Terms, do not use the Services or Software in any manner. Please also carefully read our Privacy Policy. By agreeing to the Terms, you also accept and agree to our Privacy Policy.

1.2 Acceptance of the Terms for Minors. If you are a minor, which we consider to be an individual under the age of 16 or the equivalent age as specified by law in your jurisdiction, you are permitted to access and use the Services and Software only after you and your parents (or your guardian) read, understand and accept the rights, obligations, terms and conditions in the Terms and our Privacy Policy.

1.3 Additional Terms. The Services and Software are licensed, not sold, to you and may also be subject to one or more of the Additional Terms. You may not use the Services and Software that is accompanied by or includes an Additional Term unless you agree to the Terms. If there is any conflict between the terms in the General Terms and the Additional Terms, then the Additional Terms govern in relation to that Service or Software. The Additional Terms are also subject to change as described in section 1.4 (Amendment to the Terms) below.

1.4 Amendment to the Terms. We may, in our sole and absolute discretion, change, modify, update, add or remove portions of the Terms (including any other documents that are referenced in or linked to from the Terms) from time to time without notice. We will change the “last updated” date at the top of the respective document, and, unless otherwise noted, the amended Terms will be effective immediately. It is your responsibility to review the Terms for any changes, and your access to and use of the Services and Software following any amendments to the Terms will signify your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using the Services and Software.

2.1 Privacy Policy. Our Privacy Policy applies to the access to and use of the Services and Software, and its terms are made a part of the Terms by incorporation by reference with full force and effect. For information about how we may collect, use, share or otherwise process information about you and your use of our Services and Software, please see our Privacy Policy.

2.2 Transfer of Personal Information. By using the Services and Software, you agree that you authorize GT Booster to transfer your personal information across national borders and to other countries where GT Booster and its partners operate. When transferring personal data originating in the European Economic Area ("EEA") to a GT Booster entity, third party service providers or partners located in a country that does not have an "adequate level of protection" as determined by the European Commission, we do so on the basis of the European Commission's Standard Contractual Clauses.

2.3 Internet Transmission. By using the Services and Software, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Services and Software may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

3.1 GT Booster’s Property. Unless otherwise specified in the Terms, all title, copyright, trade secret, patent rights, text, data, information, user or visual interfaces, materials, trademarks, logos, audio files, video files, electronic documents, images, graphics, other intellectual property rights, and more provided through the Services and Software (collectively, the “Contents”), as well as their arrangements, are the sole property of GT Booster and our licensors, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights, fair trading acts and unfair competition laws. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted Content is strictly prohibited without the express written consent of GT Booster and our licensors.

3.2 License. Subject to your compliance with the Terms and applicable law, you may access and use the Services and Software that we make available and that you license from us. Your license(s) expire at the end of the term set forth in your order document. The version(s) of the Service and Software available at your renewal date may be different from the version(s) available when you first purchased your license(s) from us. You agree that your decision to use or purchase Software or Services is not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by us regarding future functionality or features.

3.3 License Restriction. Without our express written consent, you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, disassemble, decrypt, decompile, reduce (to a human-readable form), distribute, alter, enhance, or in any way exploit all or portions of the Services and Software in any manner.

3.4 Third-Party Links, Services, and Software. The Services and Software may include third-party links, services, and software. Access to third-party links, services, and software are provided solely for convenience, and does not represent an endorsement or approval by us. You agree and acknowledge that we are not obligated to review, do not control, and are not responsible for such third-party links, services, software, or content. If you access the third-party links, services, or software, you do so entirely at your own risk and you are responsible for taking precautions to protect yourself and your devices from harmful content. The Terms and Privacy Policy are not applicable to your access and use of any such third-party links, services or software, and you shall be deemed subject to the terms of use and privacy policies of the respective third-parties.

We reserve the right to add, modify, update, suspend, or discontinue all or any portions or features of any Services or Software at any time without notice nor liability to you or anyone. However, for changes to paid offerings, we will make reasonable efforts to notify you of the modification, update or discontinuation. If we discontinue subscription-based Services or Software in its entirety, we may provide you with a pro rata refund for any unused fees for that Service or Software that you prepaid. By continuing to use the Services and Software following any changes will signify your acceptance of those revisions.

5.1 Account Information. You are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent. Please notify our customer support immediately if you become aware of any unauthorized use of your account. You may not (i) share your account information (except with an authorized account administrator), whether intentionally or unintentionally; or (ii) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services and Software.

5.2 Free Account Inactivity. You are responsible for keeping your account active, which means you must sign in periodically to avoid any disruption or loss of access to the Services and Software or termination of your account. If you don't sign into your account periodically, we reserve the right to assume your account is inactive and you agree that we may close it for you. You understand that you will lose access to any data stored in your account upon closure. Prior to closing your account for inactivity, we will attempt to provide notice to you. For the avoidance of doubt, this section 5.2 (Free Account Inactivity) does not apply to paid accounts in good standing.

6.1 Responsible Use. Please use the Services and Software responsibly, courteously and professionally.

6.2 Misuse. Unauthorized use of the Services and Software may result in violation of various international copyright laws or other applicable laws. Examples of misuse include:

1. Violate any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law in any manner;
2. Stalk, harass, harm, invade the privacy, or violate any personal or proprietary rights of another individual;
3. Attempt to interfere with, disable, disrupt, or destroy the Services, Software and the servers or networks connected to the Services or Software;
4. Use any data mining, robots or similar data gathering or extraction methods in connection with the Services, Software or our servers;
5. Attempt to gain unauthorized access to any portion of the Services or Software, or any other accounts, computer systems or networks connected to the Services or Software through hacking, password mining or any other means;
6. To probe, scan or test the vulnerability of the Services, Software or any network connected to the Services and Software, or breach the security or authentication measures on the Service and Software or any networks connected to the Services or Software;
7. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services, Software, our systems or networks, or any systems or networks connected to the Services or Software;
8. To use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or Software or any transaction being conducted on the Services or Software, or with any other person’s use of the Services or Software;
9. Use the Services or Software without, or in violation of, a written license or agreement with GT Booster;
10. Copy, modify, host, stream, rent, lease, sublicense or resell the Services or Software.

7.1 Termination by You. You may stop using the Services and Software at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.

7.2 Termination by Us. You agree that we may, in our sole discretion and without prior notice, terminate or suspend your right to access and use all or any part of the Services or Software at any time for any or no reason. Additionally, your right to access and use the Services and Software automatically terminates in the event you breach any provision of the Terms, and you must immediately destroy any copied, downloaded, or printed Contents, or any copies of the Services or Software. You agree that we will not be liable to you or to any third party for termination of your access to and use of the Services and Software as a result of any violation of the Terms.

7.3 Survival. In the event of termination, our provisions stated in the Terms, including but without limitation, disclaimer of warranty, limitation of liability, indemnification, governing law and jurisdiction, and dispute resolution provisions shall survive.

8.1 THE SERVICES AND SOFTWARE ARE PROVIDED “AS-IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, GT BOOSTER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. WE MAKE NO COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES OR SOFTWARE. WE FURTHER DISCLAIM ANY WARRANTY THAT (i) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, COMPLETE, SECURE, OR ERROR-FREE; (ii) THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES OR SOFTWARE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE OR THAT YOUR USE OF THE SERVICES OR SOFTWARE WILL PROVIDE SPECIFIC RESULTS; (iii) THE QUALITY OF THE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; OR (iv) ANY ERRORS OR DEFECTS IN THE SERVICES OR SOFTWARE WILL BE CORRECTED.

8.2 WE SPECIFICALLY DISCLAIM ALL LIABILITY FOR ANY ACTIONS RESULTING FROM YOUR USE OF ANY SERVICES OR SOFTWARE. YOU MAY USE AND ACCESS THE SERVICES OR SOFTWARE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM OR IS RELATED TO THE ACCESS TO AND USE OF ANY SERVICE OR SOFTWARE.

8.3 GT BOOSTER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH OR RELATED TO YOUR USE OF ANY SERVICES OR SOFTWARE.

8.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled (i) to cancel your service contract with us; and (ii) to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

10.1 IN NO EVENT SHALL GT BOOSTER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, REGARDLESS OF CAUSE, INCLUDING LOSSES AND DAMAGES (i) RESULTING FROM LOSS OF USE, DATA, REPUTATION, REVENUE OR PROFITS; (ii) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION; (iii) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE OF, THE SERVICES AND SOFTWARE.

10.2 IN NO EVENT SHALL OUR TOTAL LIABILITY, IN ANY MATTER ARISING OUT OF OR IN CONNECTION TO THE TERMS, EXCEED THE GREATER OF (i) THE AGGREGATE AMOUNT PAID BY YOU FOR ACCESS TO THE SERVICES AND SOFTWARE DURING THE THREE-MONTH PERIOD PRECEDING THE DATE OF THE INITIAL CLAIM MADE AGAINST GT BOOSTER; OR (ii) US$100.00.

10.3 TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER LIMITATIONS, THESE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 (LIMITATION OF LIABILITY) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW EVEN IF (i) ANY WARRANTY OR REMEDY PROVIDED UNDER THE TERMS FAILS OF ITS ESSENTIAL PURPOSE; OR (ii) WE HAVE BEEN ADVISED OF, OR COULD REASONABLY HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

10.4 THESE TERMS SET FORTH THE ENTIRE LIABILITY OF GT BOOSTER AS WELL AS YOUR EXCLUSIVE REMEDY WITH RESPECT TO ACCESS AND USE OF THE SERVICE AND SOFTWARE.

You agree to indemnify, defend, and hold harmless GT Booster and its affiliates, owners, officers, employees, partners, third-party service providers, distributors, licensors, and licensees from and against any and all claims, demand, liabilities, obligations, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that may incur as a result of, arising from, or in connection to your (or anyone using your account’s) (i) use of the Services or Software; (ii) violation of the Terms; (iii) violation of any law, regulation or third-party right; or (iv) submissions that cause damage to a third party. GT Booster reserves the right to assume the exclusive defense and control of any claim, action or matter otherwise subject to indemnification by you, and, in such case, you agree to cooperate as fully and as reasonably possible with GT Booster’s defense of such claim, action, or matter.

You agree that all matters relating to the Terms or your access to or use of the Services and Software, including all disputes, will be governed by the laws of Taiwan (R.O.C.) without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the courts in Hsinchu and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.

13.1 Process. In the event of any controversy or dispute between GT Booster and you arising out of or in connection with your use of the Services or Software, the parties shall attempt, promptly and in good faith, to first resolve any such dispute informally. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. Any claim related to the Terms, Services or Software must be brought within one (1) year after the cause of action arises, or such claim or cause of action is permanently barred.

13.2 Rules. If you reside in the Americas, the American Arbitration Association (AAA) will administer the arbitration in your county of residence pursuant to its Commercial Arbitration Rules. If you reside in Australia, New Zealand, Japan, mainland China, Hong Kong SAR of China, Macau SAR of China, Taiwan region, South Korea, India, Sri Lanka, Bangladesh, Nepal or a member state of the Association of Southeast Asian Nations (ASEAN), then the Singapore International Arbitration Centre (SIAC) will administer the arbitration in Singapore under its Rules of Arbitration, which rules are deemed to be incorporated by reference in this section. Otherwise the London Court of International Arbitration (LCIA) will administer the arbitration in London under LCIA Arbitration Rules. There will be one arbitrator that you and GT Booster mutually select. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over you and us. Where the value of a dispute is US$10,000.00 or less, any hearing will be through a telephonic hearing unless the arbitrator finds good cause to hold an in-person hearing.

13.3 No Class Actions. YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

13.4 Injunction Relief. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or Software in violation of the Terms, you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

14.1 English Version. The English version of the Terms will be the version used when interpreting or construing the Terms.

14.2 No Waiver. The failure of GT Booster to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision, nor shall any course of conduct between GT Booster and you or any other party be deemed to modify any provision of the Terms.

14.3 Severability. If any provision of the Terms is found by a statute, regulation or court of competent jurisdiction to be invalid or unenforceable, you nevertheless agree that the court should endeavor to give effect to the intentions of GT Booster and you as reflected in the provision, and that such provision shall be deemed severable and the other provisions of the Terms shall remain in full force and effect.

14.4 Headings. The headings in the Terms are for convenience only and have no legal or contractual effect.

14.5 Void Where Prohibited. Contents describing the Services and Software may be accessible worldwide, but this does not mean all Services or Software are available or appropriate for use in your country. Access to certain Services or Software in certain countries may be blocked by us or prohibited by foreign governments. It is your responsibility to make sure your use of the Services and Software is legal or available where you use them. Services and Software are not available in all languages. GT Booster reserves the right to limit, in its sole discretion, the provision and quantity of any Services or Software to any person or geographic area. Any offer for any of the Services or Software is void where prohibited.

14.6 Force Majeure. GT Booster will not be liable for any alleged or actual loss or damages resulting from delays or failures in performance caused by your acts, acts of civil or military authority, governmental priorities, earthquake, fire, flood, epidemic, quarantine, energy crisis, strike, labor trouble, war, riot, terrorism, accident, shortage, delay in transportation, pandemic (including the Covid-19 pandemic), or any other cause beyond its reasonable control. In such instances, GT Booster shall resume the performance of its obligations as soon as reasonably possible.

15.1 Feedback. If you have any comments, feedback or questions regarding the Terms, Services or Software, you may contact us at support@gtbooster.com. Any feedback or information you provide will be deemed to be non-confidential and non-proprietary, and we shall be free to use such information on an unrestricted basis.

15.2 Unsolicited Ideas. Please do not send unsolicited ideas in any form to GT Booster. We will not accept or consider unsolicited ideas including, without limitation, ideas for new products or technologies, product enhancements, or marketing campaigns. If you decide to send unsolicited ideas despite our request, you shall hereby agree that (i) the unsolicited idea is not confidential or proprietary; (ii) we may use, make, modify, distribute, reproduce, sell, offer to sell, publicly display, import, and export each unsolicited idea and its contents for any purpose and in any way; and (iii) we will not owe you or any third party any obligation or compensation.