QNAP Terms and Conditions of Use

Revised on July 1st, 2023

Introduction
Thank you for using the QNAP website and the products, services, and features we make available to you as part of the website. This Terms and Conditions of Use, including its country-specific addenda (collectively, “this Agreement”) describe the terms and conditions applicable to your access and use of the QNAP website, currently located at URL：www.qnap.com.

Please read carefully these terms and conditions of use (the “Terms”), which is a legal binding agreement between you as a user of the QNAP official website (referred to as “you” or “your” hereinafter) and QNAP Systems, Inc. (“QNAP”).

1. Application and Acceptance of the Terms

  1. Your use of the QNAP products, software, services, and websites d its ancillary products and services (collectively referred to as the “Service”) is conditioned upon your acceptance of these Terms without modification. By accessing or using the Service, you agree to accept and bound by the Terms, including, without limitation additional terms and conditions incorporated by reference in the Terms. Please do not use the Services if you do not agree to and accept all of the Terms.
  2. QNAP has right to amend this Terms at any time and we strongly recommend you pay attention to the amendments or updates. By continuing to use the Services, you agree to be bound by the amended and restated Terms. Please do not use QNAP website if you do not accept the Terms, or the country and region where you reside exclude the Terms in whole or in part.
  3. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms (in which event, “You” and “Your” will refer to that organization). If your organization has a separate contract in effect with us, the Terms of that contract will govern your use of the Service.
  4. You may not assign, in whole or part, any of the Terms (including this Agreement) to any person or entity.

2. Provision of Services

  1. You may register as a member in order to access and use the Services. After completing the Service’s registration process, you are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur by using your password and account. Therefore, you also agree with immediately notify QNAP website of any unauthorized use of your password or account or any other breach of security, and ensure that you log out from your account at the end of each session. You agree to provide correct and complete personal information by guidelines on the Service’s registration form, maintain and promptly update the registration data to keep it correct and complete. If you provide any inaccurate and untrue personal information, QNAP has the right to suspend or terminate your account and refuse current or future use of the services in whole or in part.
  2. QNAP has the right to restrict, suspend or terminate your access to or use of the Services if in QNAP’s sole and absolute opinion, you are in breach of the Terms.
  3. The Services may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available in all countries and regions or for all users. QNAP may in its sole discretion limit, deny or create different level of access to and use of any Services (or any features comprised therein) with respect to different users.
  4. Some products, services, promotions, campaigns, service level agreements, guarantees, and/or other forms of offerings may only apply to selected customers in particular locations (the “Regional Offerings”). These Regional Offerings may be offered or provided by entities other than QNAP. These Regional Offerings and the terms related thereto may not apply to you. Unless otherwise specified, these Regional Offerings are not offered or provided by QNAP is not liable for any matters related to the Regional Offerings. You are responsible for reviewing the terms and conditions for each Regional Offering carefully before agreeing to participate, purchase, or use any of the Regional Offerings as the terms and conditions for each offering may differ. You agree that you shall be bound by our determination as to whether a particular product, service, promotion, campaign, service level agreement, guarantee, and/or other forms of offering constitutes a Regional Offering and the relevant terms applicable thereto. If you do not agree to the applicable terms and conditions, you shall cease your participation in, use, or purchase of the relevant offerings.

3. User Obligations and Promise

  1. As a condition of your access to and use of the Services, you agree that you will comply with any and all applicable laws and regulations, and will not engage in fraudulent or deceptive practices, when using the Services.
  2. With respect to content made available via the Services, you acknowledge and agree that you will not use QNAP website to commit crimes or infringe upon others’ rights, that include but not limit to:If you infringe the rights of QNAP or third parties, or take some illegal actions through Service, QNAP has rights to terminate all the Services to you and take legal actions.
  • infringe reputation, privacy, patent, trademark, copyright, trade secret, other intellectual property rights and proprietary rights of any party；
  • breach an obligation to maintain secrecy of laws or contracts；
  • impersonate any person or entity to use service on QNAP website；
  • transmit or spread out computer viruses；
  • conduct any monitoring or crawling of any System；
  • intentionally interfere or destroy any data, functions or systems by any means on QNAP website with hacker attack or such behaviors；
  • engage in any denial of service (DoS) attacks, distributed denial of service (DDoS) attacks, or any other forms of network attacks;
  • engage in any behavior that may interfere with the proper functioning of any System; including mail/news-bombing, broadcast attacks, flooding, and any other relevant network interference techniques;
  • operate any network services, such as open proxies, open mail relays, open recursive domain name servers, and etc；
  • upload, transmit, post, make available, use, encourage, promote, facilitate the use or submission or copy, reproduce, download or compile any Content or materials which is defamatory, libelous, threatening, tortuous, vulgar, obscene, untrue, or against public policy or morals to QNAP website；
  • do illegal business, or post false or seducing information；or
  • otherwise do any act or thing which, in the sole opinion of QNAP, constitutes network abuse of any System.
  1. QNAP website may not pre-examine contents which members provide. However, according to laws, contracts and any other reasonable causes, QNAP website has the right to refuse or remove the contents which members provide. You agree that you must evaluate and take all risks associated with the content’s accuracy, integrity, or usefulness of such content you provided.
  2. Under no circumstances will QNAP be liable for any user’s opinion and behaviors in chat room, message boards and any discussion area.
  3. You acknowledge and agree to the laws or the reasonable and necessary purposes as below:
  • comply with all related laws and the requests of competent authorities；
  • follow up this Terms；
  • respond to claims that violates the rights of third parties；
  • protect QNAP website, the rights, property, or personal safety of its users and the public.
    QNAP could preserve and disclose the contents which member provide to the administrative originations, judiciary or guardian of the children if necessary.

4. Intellectual Property

  1. Protection of Intellectual Property
    All the contents and programs shall include, but not be limited to content, writings, picture, audio, video, or any other multimedia, website architecture, web design, web layout, data editing, and BIOS, Driver, Firmware, Updated Software, Service Pack etc., whose copyright, patent, trademark, trade secret, proprietary technique and any other intellectual properties belong to QNAP and are protected by applicable copyright law, and other related laws. Without QNAP’s prior license, anyone can not alter, adapt, compile, reproduce, publish, republish, distribute, publicly transmit, publicly release, publicly broadcast, publicly display, reverse engineering, de-compile, disassemble, or illegally use any content in whole or in part for any commercial purposes, lest breaking the related laws. This website’s claim for property, trademark and the other statements are not allowed to modify or delete. You must have QNAP or other copyright owners’ written agreements if you want to quote or republish any content, program or design on this website. You will be responsible for the damages if you breach or violate this Terms.
  2. Your Authorization to QNAP’s website
    Please do not upload, transmit, post, email, or provide any illegal contents to QNAP website. When uploading, transmitting, posting, emailing, or providing any legal contents to QNAP website, that means you allow QNAP to alter, adapt, compile, reproduce, publish, republish, distribute, publicly transmit, publicly release, publicly broadcast, publicly display such contents mentioned and agree to license to others without objection. Moreover, you have to guarantee that our above-mentioned actions shall not infringe any third party’s intellectual property, otherwise you will be responsible for the damages.

5. Breaches by Users

QNAP shall have the right at its sole and absolute discretion to remove, modify or reject any content that you submit to, post or display on the QNAP website which in our sole opinion is unlawful, violates the Terms, or could subject QNAP or our affiliates to liability. QNAP shall have the right to take any enforcement actions as it deems appropriate at QNAP’s sole discretion, including but not limited to giving a written warning to you, removing any user content submitted or published by you to the QNAP website or to the relevant features/functions of the Services, recovering damages or other monetary compensation from you, suspending or terminating your membership account with QNAP, or suspending your subscription of any Service. QNAP shall also have the right to restrict, refuse or ban you from any and all future use of any other Services provided by QNAP.

6. LIMITATION OF LIABILITY

  1. System Interruption and Malfunction
    QNAP website may be subject to all kinds of service interruption and malfunction by force majeure. It may cause inconvenience, data losses, error, tamper and other damages. When using QNAP website, please take necessary protection for yourself. QNAP website has no responsibility or liability for the damages with or without your use of our services.
  2. Material Downloaded
    QNAP website is not responsible for any material downloaded or otherwise obtained through the use of the services on other linked websites. Before downloading, you should consider and determine the mentioned material’ s business value, usefulness, validity, accuracy, integrity, timeliness, and whether with computer virus or not, or breach of third parties’ rights.
  3. Cooperative Content Post
    QNAP website will cooperate with other companies, factories, channels, distributors, franchisers and customers in any time and allow them to post news, messages, products or shows information on QNAP website. QNAP website will expressly present the name of these content providers. In principle, based on the respect of the content providers’ intellectual property, QNAP website will not examine or modify the contents mentioned and will not be responsible for the accuracy of the contents, therefore you’d better have your own discretion. If you think the content is incorrect or involve in torts, please directly contact with the content providers.
  4. Advertisement
    All the advertisements, whose contents, writings, photos, and descriptions which are not made by QNAP website are designed and provided by each advertiser, products or services providers. You should decide on the integrity and credibility of these advertisements. QNAP website only post advertisements by requests but shall not be responsible or liable for the warranty of such advertisements.

To the maximum extent permitted under applicable law, the Services are provided “as is”, “as available” and “with all faults”, and QNAP hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose, and non-infringement, or as to the Services being uninterrupted, error free, free of harmful components, secure, or not otherwise causing damage or loss of functionality or data. To the maximum extent permitted under applicable law, QNAP makes no representations or warranties on the validity, accuracy, correctness, reliability, quality, stability, completeness or currency of any information provided on or through the Services; QNAP does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed via the Services does not violate any third party rights; and QNAP makes no representations or warranties of any kind concerning any product or service offered or displayed on the via the Services. Any material downloaded or otherwise obtained through the Services is done at your sole discretion and risk and you are solely responsible for any damage to the System or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by you from QNAP or through or from the Services shall create any warranty not expressly stated herein. Save only for any warranties, representations, conditions and undertakings by QNAP expressly set forth in this Agreement, QNAP hereby excludes all other warranties, representations, conditions and undertakings, express or implied, to the maximum extent permitted under applicable law. You hereby agree to indemnify and hold QNAP, its respective affiliates, directors, officers and employees harmless from and against any and all losses, claims, liabilities which may arise from your use of the Services (including but not limited to the display of your information on QNAP website, the submission of unlawful materials to the QNAP website or the relevant ancillary features of any Services, and etc.) or from your breach of any of the Terms. You hereby further agree to indemnify and hold QNAP, its affiliates, directors, officers and employees harmless, from and against any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by any third party claimants or other third parties relating to products displayed on the QNAP website. You hereby further agree that QNAP is not responsible and shall have no liability to you, for any material posted or submitted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you. QNAP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with QNAP in asserting any available defenses and indemnify and hold QNAP harmless against the reasonable legal fees incurred by QNAP in that regard. To the maximum extent permitted under applicable law, QNAP shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
(a) your use or inability to use the Services; any defect in goods, samples, data, information or services purchased or obtained from you or any other third party through the Services;
(b) your violation of any third party rights, or claims against you by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by any third party claimants;
(c) unauthorized access by third parties to your data or private information;
(d) your statements or conducts; or
(e) any matters relating to Services however arising, including negligence.

Notwithstanding any of the foregoing provisions, unless otherwise provided in the terms and conditions or service level agreements of the relevant Services, the aggregate liability of QNAP, and their respective employees, agents, affiliates, representatives or anyone acting on their behalf with respect to you for any and all claims arising from or in connection with the Services or any use or inability to use the same during any calendar year shall be limited to, in aggregate, the greater of (a) the amount of fees you have paid to QNAP or its affiliates for the Services during the calendar year; (b) the amount prescribed by the terms of relevant service level agreements in connection with your use of specific Services. The preceding sentence shall not preclude the requirement by you to prove actual damages. All claims against QNAP website in respect of any of the matters referenced in this Clause must be filed within one (1) year from the date the cause of action arose.

The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not QNAP has been advised of or should have been aware of the possibility of any such losses arising.

7. Disclaimer of Warranties

You expressly understand and agree that QNAP website will not be responsible for warranty that:

  • the service will completely meet your needs；
  • the information you access from QNAP website will be correct and reliable；
  • the service will be stable, timely, secure, error-free, or uninterrupted；
  • any downloaded software which are not made by QNAP are all provided and licensed to you by software developers or companies. QNAP will not be responsible for the functions, quality, and legitimacy of above software. Before downloading the software, you’d better examine whether it affected by computer virus or contain other harmful materials and shall be responsible for the possible risks of damages by using the software.
  • link to third parties’ websites: QNAP website provides searching engine service, which enables you to search related resources from internet and you can link to other websites by the directories or searching results. These websites owners should be responsible for their websites and that doesn’t mean QNAP website has relationship with these websites (including, but not limited to employment, commission, partnership and other related relationship). These websites are not controlled by QNAP, hence you have to judge and choose the proper contents for yourself. QNAP will not be responsible for the validity, accuracy, integrity, timeliness, and legitimacy.
    QNAP uses YouTube to provide certain features of the Service, and, as a result, we are contractually obligated to make you aware of certain terms related to the use of such features. YouTube Terms of Service currently located at URL: Terms of Service.

8. Force Majeure

Unless otherwise provided in the terms and conditions of the relevant Services, under no circumstances shall QNAP be held liable for any delay or failure or disruption of the content or the Services resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, computer viruses, cyber-attacks, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

9. The Protection of Privacy Policy

Your personal data left on QNAP is subject to our Privacy Policy.

10. Governing Law and Jurisdiction

This Terms shall be governed by and construed in accordance with the law of R.O.C. (Taiwan). The parties hereby agree with that any disputes arising out of this Terms of Use shall be brought to before Taipei District Court of Taiwan for the first instance.

Strictly forbid changing or removing the ownership claim, trademark and other claims of QNAP website. If you have to republish QNAP website’s contents and services, or other uses, please contact with qnap_enews@qnap.com in advance.

If you have any question about QNAP Terms, please contact with QNAP by email: qnap_enews@qnap.com or by phone: +886-2-2641-2000