EShare End-User License Agreement (EULA) and Privacy Policy

End User License Agreement for EShare Software
Copyright © 2012-2024 EShare Corporation. All rights reserved.
Last updated on Sep 30, 2024

This End User License Agreement ("EULA") is between you and EShare Corporation ("EShare"). It is applied to the EShare software and the related documentations licensed by EShare and its licensor(s) and provided by EShare to you ("Software Product").

Please read this EULA carefully. If you do not agree to all of the terms of this EULA, you shall not use the Software Product. Your use of the Software Product indicates your acceptance of this EULA. All updates to the Software Product shall be considered part of the Software Product and subject to the terms of this EULA. If the update is accompanied by new terms of this EULA, then those terms apply.

By explicitly accepting this EULA or by installing or using the Software Product, you are acknowledging and agreeing to be bound by the following terms:

1. GRANT OF NON-EXCLUSIVE LICENSE

This Software Product is licensed, not sold. You (hereby: Natural person or entity) are granted, non-exclusive, non-transferable and limited right to use this Software Product. Certain features of this Software Product are limited only to registered account users or registered and paid users, and you are allowed to use these features only if you are using a registered user account or a registered and paid user account and the user account must remain effective at the time of your use. These registered or registered and paid features does not allow concurrent use and each concurrent user must obtain his/her own registered or registered and paid user account.

2. LICENSE LIMITATIONS

The license granted in Section 1 is conditioned upon your compliance with the following limitations. All rights not expressly granted to you are retained by EShare and/or its licensor(s). You are not permitted to:

• Workaround any technical limitations in the Software Product or to use the Software Product in an attempt to, or in conjunction with any device, program or service designed to, circumvent technical measures employed to control access to, or the rights in Software Product.
• Tamper with, alter, or use the Software Product in a way that disables, circumvents, or otherwise defeats its built-in licensing verification and enforcement capabilities.
• Reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code of the Software Product, except and only to the extent that applicable law expressly permits, despite this limitation.
• Rent, lease, lend, distribute or in any way transfer any rights in this EULA or the Software Product to any third party without EShare’s prior written approval provided that such successor agrees to the terms of this EULA and the initial user shall not retain any copies of the Software Product.
• Modify or make any derivative works or copies of the Software Product, in whole or in part.
• Remove any proprietary notices or labels on the Software Product or any copy thereof. or
• Make any use of the Software Product in any manner not permitted by this EULA.

3. INTELLECTUAL PROPERTY

The Software Product is protected by copyright and other intellectual property laws and treaties. Except for the license rights expressly set forth in this EULA, you are not granted or received any ownership right, title or interest nor any security interest or other interest in any intellectual property rights relating to the Software Product, nor in any copy of any part of the foregoing.

4. INDEMNIFICATION

You hereby agree to indemnify EShare and its licensor(s) against and hold harmless EShare and its licensor(s) from any claims, lawsuits, liability or other losses or damages, including but not limited to the reasonable attorney fees and litigation expenses, arising out of your breach of any provision of this EULA.

5. THIRD PARTY SOFTWARE

Third party software may be provided along with the Software Product subject to separate license agreement(s) from such third party(s). By using this Software Product, you agree to be bound and abide by the aforesaid separate license agreement(s). The license under this EULA does not apply to such third party software. EShare and its Licensor(s) are not responsible for any third party software and shall have no liability for your use of third party software.

6. SUPPORT SERVICES

EShare may, at its sole discretion, provide you with updates or supplements of the Software Product ("Support Services"). Use of any Support Services is governed by this EULA and any update thereto.

7. PRIVACY POLICY

7.1 Purpose

When you use the Software Product, EShare and/or its authorized third party service provider may collect, store and run statistics and carry out analysis based on the use condition and information of the Software Product by you, which is purported to analyze the use condition of the Software Product and improve services and to provide software upgrade, so that EShare can improve product, provide best user-friendly experience and personalized content to users. EShare will take necessary protective measures, to protect your personal information. You can choose not to provide personal information or choose to provide part of personal information, but under such circumstance EShare will not be able to provide product or services to you, or the product function and services provided by EShare will not be able to meet the general requirements of the market.

7.2 Information We Collect

We collect the following types of information from you:

7.2.1 Device Information:

We collect device-specific information including your device model, operating system version, MAC address, and IP address to provide and improve our services.

7.2.2 Screen Content:

When enabling the screen mirroring functionality, EShare temporarily transmits the content displayed on your device screen to the receiving device(s) you select. This content is not stored or collected by EShare.

7.2.3 Usage Data:

We may collect information about how you use the Software Product, such as the features you use, the frequency of your use, and the duration of your sessions. This information helps us understand how users interact with our product and allows us to improve it over time.

7.2.4 Non-personal Information:

We may also collect non-personal information that does not directly identify you but helps us improve our services. This may include aggregated usage data, analytics, and technical information.

7.3 How We Will Use Your Information

EShare and its authorized third-party service provider may use such personal information for the following purposes:

• Provide screen mirroring services: By using the personal information so collected, EShare temporarily collects information to provide screen mirroring services, including transmitting your screen content to the EShare-designed receiving devices.
• Improve and enhance the Software Product: We may use your information to analyze usage patterns, troubleshoot technical issues, and enhance the performance and functionality of our app. Additionally, we may personalize your app experience based on your preferences and usage history.
• Legal Compliance: We may process your personal information to comply with applicable laws, regulations, or legal obligations.

7.4 Collection and Use of Non-personal Information

• EShare also collects and uses data that cannot be directly linked to any specific person (i.e. non-personal information).
• EShare can collect, use, transfer and disclose non-personal information for any purpose.

7.5 Disclosure to Third Parties

EShare may not sell user’s personal information to a third party. However, EShare may disclose user’s personal information or appoint a third party service provider to collect, store and process user’s personal information under the following circumstances:

• Disclosure with express consent: ESHARE may, after obtaining express consent from user, share user’s personal information with a third party. BY USING THE SOFTWARE PRODUCT, YOU HEREBY GIVE EXPRESS CONSENT THAT ESHARE MAY DISCLOSE TO AND SHARE YOUR PERSONAL INFORMATION WITH ESHARE’S AUTHORIZED THIRD PARTY SERVICE PROVIDER.
• Disclosure to ESHARE’s affiliated company: user’s personal information may be shared with ESHARE’s affiliated company. As a policy, ESHARE may only disclose necessary data. BY USING THE SOFTWARE PRODUCT, YOU HEREBY GIVE EXPRESS CONSENT THAT ESHARE MAY DISCLOSE TO AND SHARE YOUR PERSONAL INFORMATION WITH ESHARE’S AFFILIATED COMPANY.
• Disclosure to authorized partner (hereinafter referred to as “Partner”): if ESHARE’s certain services are provided by Partner, EShare may share user’s certain personal information with Partner, in order to provide better customer services and user experience. BY USING THE SOFTWARE PRODUCT, YOU HEREBY GIVE EXPRESS CONSENT THAT ESHARE MAY DISCLOSE TO AND SHARE YOUR PERSONAL INFORMATION WITH PARTNER.
• Disclosure based on legal or reasonable grounds: where laws, legal procedures, litigation, or public authorities and government departments request, for example, personal information is involved in sensitive events such as national security and society stability, EShare may disclose user’s personal information. In addition, if EShare is reorganized, merged or sold, EShare may transfer all personal information as collected by EShare to the relevant third party.

7.6 Sections 7.2 to 7.5 do not apply to individuals residing in the EU. If you are an individual residing in the EU, your privacy rights are subject under the General Data Protection Regulation (EU as amended or updated from time to time shall come into force (the “GDPR”) as stated in Appendix One.

7.7 Protection Measures

EShare attaches great importance to the safety of user’s personal information. EShare will take necessary measures, such as transmission encryption technology, to protect user’s personal information in the transmission process. When EShare stores your personal data, EShare uses compute system with limited access and such system is deployed in the facilities that are protected by physical security measures.

7.8 Inquiry, Modification and Deletion

EShare may retain user’s personal information within the period necessary for EShare to realize the purpose described in the Agreement, unless the laws require or allow the retention of such information for a longer period of time. EShare may process user’s personal information in accordance with user’s request and the relevant laws and regulations.

7.9 Accessibility Service API Usage

This application uses the Accessibility Service API for the functionality of the “Reversed Device Control” feature only.
In a meeting or teaching scenario, with this feature enabled, you can operate your personal device from the designated display you are casting to – adding convenience and enhancing the interactive experience.
EShare will not collect your personal or device information, nor will it monitor your operations.

Accessibility Service API Usage and Location:

1. Ensure both your device and the panel are connected to the same network.
2. Open the EShare application on your device.
3. Read the “Tips” message prompt and tap the Accept button if you agree.
4. Wirelessly connect to the panel by entering the PIN Code of the panel or selecting it from the Device List.
5. Tap the upper-right “Setting Icon” to enter the Settings menu.
6. Tapping the toggle to turn on the “Reversed Device Control” feature will prompt a “Tips” message to appear. Read the message and tap the Accept button if you agree to allow EShare Accessibility Service to have full control of your device.
7. Under your device’s Accessibility settings, grant EShare permission to control your device.
8. You are now ready to cast your device’s screen onto the receiving panel.
9. Accessibility Service API Usage is provided by Google, for details, please visit: https://support.google.com/googleplay/android-developer/answer/10964491?hl=en

8. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SOFTWARE PRODUCT AND SUPPORT SERVICES (IF ANY) ARE PROVIDED "AS IS" AND ESHARE AND ITS LICENSOR(S) MAKE NO WARRANTY AS TO OTHERWISE.

9. LIMITATION OF DAMAGES AND LIABILITIES

ESHARE'S TOTAL LIABILITY FOR ANY DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE PRODUCT, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEES PAID BY YOU FOR THE SOFTWARE PRODUCT.

10. HIGH RISK ACTIVITIES

The Software Product is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, including, but not limited to, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, and weapons systems, in which the failure of the Software Product, or any software, tool, process, or service that was developed using the Software Product, could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, EShare and its licensor(s) specifically disclaim any express or implied warranty of fitness for High Risk Activities. You agree that EShare and its licensor(s) will not be liable for any claims or damages arising from such use of the Software Product, or any software, tool, process, or service that was developed using the Software Product, in such applications.

11. GENERAL

This EULA is the complete statement of the agreement between you and EShare on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements.

• No amendment or modification of any terms of this EULA shall be effective unless agreed by EShare and its licensor(s) in writing.
• You acknowledge that any breach of any terms of this EULA will cause EShare and its licensor(s) great and irreparable harm, for which remedies available at law are inadequate. EShare and its licensor(s) shall therefore be entitled to seek injunctive and other equitable relief, including but not limited to, specific performance, to prevent a breach, continued breach or threatened breach of this EULA, in addition other remedies EShare and its licensor(s) are entitled to seek.
• You agree to comply with all applicable laws that apply to the Software Product and your use of the Software Product, including but not limited to export control laws and regulations required by any governments.
• Any waiver by EShare or its licensor(s) of any violation of this EULA by you shall not constitute or contribute to a waiver of any other or future violation by you of the same provision, or any other provision, of this EULA.

12. GOVERNING LAWS AND JURISDICTION

You expressly agree that this EULA shall be governed and construed solely in accordance with the laws of the State of California without giving effect to conflicts of law principles thereof. You further agree that if you or any of your agent, representative or heir brings any litigation as the plaintiff against EShare, the federal or state courts in Los Angeles, California shall have the exclusive jurisdiction in any conflict or dispute or other cause arising out of or in connection with this Software Product or this EULA. You further agree that if EShare brings any litigation as the plaintiff against you or any of your agent, representative or heir, the federal or state courts in Los Angeles, California shall have the personal jurisdiction in any conflict or dispute or other cause arising out of or in connection with this Software Product or this EULA and EShare may bring a litigation in either the aforesaid courts or any other courts in your place of domicile or residence.

13. TERMINATION

This EULA will be terminated on the date of the first occurrence of either of the following events: (1) one month after written notice of termination from you to EShare; or (2) you breach any terms of this EULA or any terms of any other agreement between you and EShare. Upon the termination of this EULA, further use of the Software Product is prohibited. You shall permanently remove and/or destroy the Software Products or any copies from your computer system(s), hard disk or other storage devices on which the Software Product is installed or stored.

14. CONTACT INFORMATION

If you have any questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please contact us at [email protected]

15. APPENDIX ONE: PRIVACY RIGHTS OF INDIVIDUALS RESIDING IN THE EU.

If you are an individual residing in the EU, your privacy rights may be subject to the following terms under the General Data Protection Regulation (EU as amended or updated from time to time shall come into force (the “GDPR”) as stated in Appendix One as follows:

Privacy statement

At EShare or any associated trading names ("EShare") we take protecting the confidentiality of our partners and customers seriously. In particular, we recognize and address our obligations under the provisions of the Data Protection Act (1998) and the GDPR (General Data Protection Regulations).

Under GDPR we must provide information and statements in a clear, concise, transparent, intelligible and easily accessible format. This policy seeks to do just that when explaining how we collect and manage your data.

How we collect your personal data

We only collect personal data that is strictly necessary for the provision and improvement of our services. The data we collect includes:

1. User's name and email address: Necessary for account creation and communication.
2. IP and MAC address: Required for network connectivity and troubleshooting.
3. Device information (hardware specification and operating system version): Essential for ensuring software compatibility and optimal performance.

Use cases for data collection:

1. Account management: Name and email address are used for user authentication and communication.
2. Technical support: IP address and device information are used to diagnose and resolve technical issues.
3. Software optimization: Device information helps us improve compatibility and performance across different systems.

We do not collect or process any personal data beyond what is strictly necessary for these purposes. You have the right to withdraw your consent at any time for any data processing based on consent.

If you choose not to provide this information, we may not be able to provide the corresponding EShare products and services or respond to your enquiries.

How we use your personal data

EShare will process your personal information for certain legitimate business purposes. Legitimate Interest means the interest of our company in conducting and managing our business to enable us to give you the best service/products and the best and most secure experience.

Your information will be collated onto our databases; all relevant paper documents are securely stored on each site. The database is interrogated by our support teams to provide good services. We generally process your personal data only for those purposes that we have communicated with you.

We will retain your personal data for the period necessary to fulfil the purposes outlined in this Privacy Policy, unless a longer retention period is permitted by law or required to fulfil other necessary purposes. For example, to comply with tax law or other laws and regulations, we may retain your personal data within the period requested by such laws and regulations; to follow requests from governments or judiciary for purposes such as investigation or lawsuit, we may retain your personal data for a longer retention period.

How we protect your personal data?

Your personal data security is our highest priority. We have taken steps to protect your personal data by limiting the access to our network where your data is stored. It is our policy to maintain the integrity of any personal data in our possession. Our team only access data that is required to complete their job role.

Your Rights to your personal data we hold on you:

• Request access to your personal data and obtain a copy
• Request data corrections of any incorrect or incomplete data
• Request to be removed from our databases and systems
• Request to remove consent of data processing
• Opt-out or unsubscribe from all non-essential emails by using the unsubscribe option at the foot of all our commercial communications

Data Sharing & Disclosure

Except as set out herein and where required or permitted by law or a court of competent jurisdiction, we will not reveal any personal data about you to any third party.

Information will be shared internally within the EShare team to provide business operations. We will only share with third parties when required as part of our services.

You understand and consent that when you agree to provide your personal data to EShare your personal data may be transferred, stored, used or processed by EShare and any of its affiliated entities or service providers who may be located in a different country to you. All said transfer, storage, or process of your personal data, shall be subject to the Privacy Policy and applicable laws on privacy protection and personal data security.

From time to time, EShare may sell a business or a part of a business to another person or company. Such a transfer of ownership could include the transfer of your personal data directly related to that business to the purchasing person or company.

Data processing of children or minors

EShare will NOT knowingly collect personal data from children or minors (as defined by local requirements), and if we learn that we have personal data about a child or minor, we will delete it from our systems. If you are a child or a minor, you must request a parent or guardian to register for the service on your behalf.

How to contact us

If you have any questions, queries or concerns regarding this policy, please contact our Data Protection Officer.

Company: ESHARE PTE. LTD.
Email: info@eshare.io

Policy Updates

As and when required, we may update this policy. If significant changes are made we will notify all EShare services users. By using our services, you consent to this policy.