利用規約 - EU

この契約は、異なる言語に翻訳される場合があります。英語版または本書の翻訳版との間に矛盾または矛盾がある場合は、英語版が優先されるものとします。

These Terms of Service (“Terms”) between You (defined below) and Splashtop (defined below) describes the terms and conditions of Your use of Splashtop’s Services (defined below).

Splashtop reserves the right, exercised at its sole discretion, to modify, add or delete portions of these Terms from time to time. Splashtop will notify You as soon as the Terms have been amended. The most current version of the Terms can be viewed at https://www.splashtop.com/terms/splashtop.

1. 定義

“Documentation” means any electronic or printed materials that accompany the Software that provide instructions for the installation, operation, and use of the Software.

“Intellectual Property Rights” means all intellectual property rights and associated rights, including, but not limited to, copyrights, trademark rights, patent rights, design rights, trade name rights, database rights, and neighboring rights, as well as rights to knowhow.

“Licensed User” means an individual with a valid seat license for the Services.

“Services” means the services and related Software provided by Splashtop to You under these Terms, including but not limited to Splashtop Personal, Splashtop Business line of products, Splashtop Classroom, Splashtop On-Prem, the Mirroring360 line of products, Splashtop Secure Workspace, or Splashtop Vault. Splashtop Business line of products currently includes Splashtop Remote Access, Splashtop Remote Support, Splashtop SRS Premium, and Splashtop Enterprise (collectively, the “Splashtop Business Products”). The Mirroring360 line of products currently includes Mirroring360 and Mirroring360 Pro (collectively, the “Mirroring360 Products”)

“Software” means certain software applications, in object code format only, that are required for You to use the Services and licensed to You subject to these Terms.

“Splashtop” means Splashtop B.V., a private company with limited liability, established and existing under the laws of the Netherlands, having its registered office in Amsterdam, the Netherlands, at Piet Heinkade 133-135, registered with the Chamber of Commerce under 77876342, and its successors and assigns.

“Splashtop Account” means a user account created with Splashtop that uniquely identifies You with a user name and password.

“Third Party Software” means certain software that Splashtop licenses from third parties and provides to You incorporated into the Software.

“You or Your” means you as a Licensed User or an employee or agent of a legal entity that is authorized to represent and legally bind such entity to these Terms.

2. ONLINE REGISTRATION (Subsections a. and b. below not applicable to Splashtop On-Prem)

To use the Services, You may be required to complete the online registration process, including Your electronic acceptance of these Terms. Splashtop may reject an online registration by You at its sole discretion and is not obligated to provide a reason for its rejection.

a. Registration Data. As part of the online registration process for a Splashtop Account, Splashtop will collect certain limited information about You (“Registration Data”). All Registration Data provided by You must be current, complete, and accurate, and You are solely responsible for updating the Registration Data as necessary. Splashtop may terminate all rights to access, receive, use and license the Services if (i) Splashtop discovers that any of Your Registration Data is incomplete, inaccurate, or not current, or (ii) Splashtop determines, at its sole discretion, that You are not the appropriate user of the Services.

b. Passwords and Security. Except for Splashtop Secure Workspace and Splashtop Vault, as part of the online registration process, You must use Your email address as Your user name and choose a password for access to Your Splashtop Account. You are entirely responsible for maintaining the confidentiality of Your password and agree to carefully safeguard all of Your passwords. You are solely responsible for any and all activities that occur under Your Splashtop Account and agree to immediately notify Splashtop of any unauthorized use of Your Splashtop Account or any other breach of security. Furthermore, You are solely responsible for obtaining consent from Your users before collecting, transmitting or transferring any content from their devices through the Services. Splashtop shall not be liable for any loss that You may incur as a result of a third party using Your Splashtop Account, either with or without Your knowledge. You may be held liable for losses incurred by Splashtop or another party due to a third party using Your Splashtop Account, either with or without Your knowledge.

c. Subscription to Use the Software. When You subscribe to use the Services, You are agreeing to the Splashtop Terms of Sale, which can be viewed at (1) https://www.splashtop.com/terms/sale/splashtop for Splashtop Personal, Splashtop Business Products, Splashtop Classroom, Splashtop On-Prem, Splashtop Secure Workspace or Splashtop Vault; or (2) https://www.mirroring360.com/terms/sale for Mirroring360 Products. Splashtop may suspend or terminate the Services on Your Splashtop Account due to payment delinquency and You agree to reimburse Splashtop for all reasonable costs and expenses incurred in collecting delinquent amounts.

d. Trial and Promotional Offers. From time to time, Splashtop may offer certain trial and/or promotional offers. Splashtop reserves the right to modify or discontinue any trial or promotional offers in its sole discretion and without notice. Any trial or promotional offers are limited to one (1) per customer and may not be combined with any other offers.

3. 服務的使用

a. License Grant. Under the provisions set out in these Terms, You are granted a non-transferable, non-sublicensable, non-exclusive license to use the Software and Documentation subject to Your full compliance of this Section 3.

b. Commercial Use. The Splashtop Business Products, Splashtop Classroom, Splashtop On-Prem, and Mirroring360 Products are fully licensed for commercial use in a professional environment. Splashtop Personal is for non-commercial use only, i.e. use it to access Your personal computers for non-work related purposes. Splashtop Secure Workspace and Splashtop Vault may be licensed for either commercial or non-commercial use.

c. Software Restrictions. You shall not (i) in whole or in part, copy, reproduce, transfer, create derivative works from, translate, reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code, alter or modify the Software, or remove any portion thereof, nor shall You cause or permit any other person to do the foregoing; (ii) remove, alter, cover or obfuscate any copyright notices or other proprietary rights notices placed or embedded by Splashtop on or in any Software or Documentation; (iii) sell, resell for a profit, rent, lease or lend the Software or Documentation or use it for commercial time sharing, rental or service bureau use; (iv) use the Software or any component thereof for any illegal purposes; or (v) use the Software or Documentation, or any component thereof, to enable copyright protection-circumvention devices or to violate or circumvent in any manner any content copyright, content protection scheme, or content copy policies.

d. Service Restrictions. By using the Services, You agree not to and shall not allow any of Your users to (i) use the Services in violation of any applicable laws or regulations, (ii) transmit any material that may violate or infringe the Intellectual Property Rights, privacy or other rights of any third party, (iii) harvest or otherwise collect or store any information of a third party without his/her consent, (iv) use the Services in a way that may cause harm or disruption to Splashtop network, Splashtop Accounts or other Splashtop services or (v) use the Services to send any spam, malware or any fraudulent, obscene or unlawful content.

e. Use Limitations*. You agree to comply with the following applicable term while using the respective Services:

(i) For Splashtop Personal, the total number of Splashtop Streamers that are logged in with Your Splashtop Account shall not exceed five (5). Splashtop Personal is also restricted to non-commercial use only, per Section 3b above.

(ii) For the Splashtop Business Products:
a. Splashtop Business Access – 2 computers per user seat license for Splashtop Business Access Solo, 10 computers per user seat license for Splashtop Business Access Pro, and 10 computers per user seat license for Splashtop Business Access Performance. The number of users is limited by the number of user seat licenses.
b. Splashtop Remote Support – the number of computers is limited by the package You subscribed to. The Splashtop Remote Support license is for technicians and IT personnel to remotely support their and other users’ computers.
Remote Support Basic and Plus do not include secondary user access.
Remote Support Premium includes limited secondary user access.
c. Splashtop SOS – the number of computers is limited by the package You subscribed to. The number of users is limited by the number of licenses.
d. Splashtop SOS+ - Software Patch is powered by Chocolatey for Windows and Homebrew for macOS. Windows users may be subject to use limitations and other restrictions, including rate limits. Please consult Chocolatey’s Legal Terms (https://docs.chocolatey.org/en-us/information/legal/) and Packages Disclaimer (https://docs.chocolatey.org/en-us/community-repository/community-packages-disclaimer/#rate-limiting) for details. Splashtop will not assume any responsibility for changes, including damages of any sort, which may result from the Software Patch add-on.
e. Splashtop Enterprise (Cloud) – limits on technicians, users, computers, and concurrency are subject to the particular plan You subscribed to.
f. Splashtop Enterprise+ (Cloud) - Software Patch is powered by Chocolatey for Windows and Homebrew for macOS. Windows users may be subject to use limitations and other restrictions, including rate limits. Please consult Chocolatey’s Legal Terms (https://docs.chocolatey.org/en-us/information/legal/) and Packages Disclaimer (https://docs.chocolatey.org/en-us/community-repository/community-packages-disclaimer/#rate-limiting) for details. Splashtop will not assume any responsibility for changes, including damages of any sort, which may result from the Software Patch add-on.

(iii) For Splashtop Classroom, the total number of Splashtop Streamers that are logged in with Your Splashtop Account shall not exceed ten (10).

(iv) For Splashtop On-Prem, the use of the Services is limited to the particular plan You subscribed to.

(v) For Mirroring360 Products, the maximum number of the deployed Mirroring360 software on the computers is limited by the number of licenses You subscribed to.

Splashtop may, at its sole discretion, suspend any account in violation of this provision or require You to purchase additional seat licenses to correct any overage.

f. Third Party Software. Certain Third Party Software provided in or with the Software is subject to various other terms and conditions imposed by the licensors of such Third Party Software. Your use of the Third Party Software is subject to and governed by the respective Third Party Software licenses, which relevant licenses for such Third Party Software You may view from within the Software.

4. 智慧財產權

Splashtop或其許可方保留對服務中或與服務相關的所有智慧財產權的擁有權。這些條款中的任何內容均不構成從Splashtop向您轉讓任何智慧財產權。您僅被授予使用本條款中所述的服務的權利。您承認服務可能包含未發佈的資訊，並體現Splashtop和/或其許可方專有的寶貴商業秘密。 Splashtop和/或其許可方保留此處未明確授予的服務中的所有權利。如果您違反本條款的任何部分，則根據本協定授予的許可以及您使用服務的權利將自動終止。

5. 機密資訊

「機密資訊」是指 Splashtop 任何非公開業務或技術資訊，包括但不限於與 Splashtop 商業機密或專有技術相關的任何資訊，這些資訊以口頭或書面形式指定為「機密」，或者 Splashtop 視為機密或專屬資訊 (您所知道或應知道的)。您同意嚴格保密，除非本條款明確授權，否則不使用機密資訊。您應確保未經授權的人員無法存取機密資訊。儘管有上述規定，機密資訊不應包括 (i) 因您未違反本條款而成為公有領域一部分的資訊；(ii) 由您獨立開發，不涉及任何機密資訊；或 (iii) 由第三方合法地向您披露，不受披露限制。

6. 商標

7. 隱私

Splashtop’s use of any information provided by You, including without limitation, Registration Data and payment information, is set forth in Splashtop’s current Privacy Policy, which can be found at (1) https://www.splashtop.com/privacy for Splashtop Personal, Splashtop Business Products, Splashtop Classroom Splashtop On-Prem, Splashtop Secure Workspace and Splashtop Vault; or (2) https://www.mirroring360.com/privacy for Mirroring360 Products.

8. 更新和支援

Splashtop可以不時自行決定通過互聯網或其他來源對服務進行更新，而無需承擔任何義務。所有此類更新均應被視為包含在服務定義中，並應受這些條款的約束。 Splashtop保留對服務的任何未來版本或更新收取費用的權利。只有在Splashtop在協議簽訂后三個月內增加其費用的情況下，並且僅就您對任何服務的非商業使用而言，您才有權撤銷您與Splashtop的協定。

If Splashtop is Your support provider for the Services, You may visit (1) https://www.splashtop.com/support for Splashtop Personal, Splashtop Business Products, Splashtop Classroom, Splashtop On-Prem, Splashtop Secure Workspace or Splashtop Vault; or (2) https://www.mirroring360.com/f-a-q for Mirroring360 Products to utilize online knowledgebase or contact Splashtop support team to resolve any technical issues You might have.

9. 期限和終止

These Terms shall commence on the date of Your electronic acceptance. These terms continue until the termination of Your Splashtop Account. You may terminate these Terms at any time by terminating Your subscription, removing the Software and Documentation from Your system, deleting Your Splashtop Account, and stopping to use the Services.

For Splashtop subscriptions paid via my.splashtop.com, You may terminate Your subscription by logging into your Splashtop account at my.splashtop.com, clicking on the “Subscriptions” tab under “Account Info,” and turning off auto-renewal. Your subscription will no longer auto-renew, and Your account will not be charged automatically at the end of Your current subscription period. The Products You have purchased will remain usable until the end of the current subscription period.

For Splashtop subscriptions procured via Splashtop sales personnel (not directly purchased by You at my.splashtop.com), You may cancel Your subscription by providing written notice of Your intent not to renew in the manner set forth in Section 15(e) herein, sent no later than thirty (30) days prior to automatic renewal.

Splashtop may immediately terminate these Terms and Your subscription, license, and right to the Services if (i) You breach these Terms; (ii) You, as a legal entity, declare bankruptcy, are involved in any bankruptcy proceedings or are otherwise insolvent; or (iii) Splashtop decides, at its sole discretion, to discontinue offering the Services, in which case Splashtop shall notify You in advance, whenever possible, and provide You with alternative plans or options to minimize any inconvenience that may be caused by such termination. Splashtop shall not be liable for any damages resulting from a termination of these Terms as provided for herein. Upon termination of these Terms: (a) all license rights granted hereunder will automatically terminate without further notice to You; and (b) You will immediately discontinue all access to and use of the Services and destroy the Software and Documentation, and all copies thereof.

Sections 1, 4, 5, 6, 7, 9, 10, 11, 12 and 15 shall survive the expiration or termination of these Terms in full force and effect.

在終止的情況下（荷蘭語為“綁定”），已向您提供的服務的付款將不予退還或撤銷。 Splashtop在終止前就根據本條款向您提供的服務開具的發票金額將在終止後繼續有效，並將在終止時立即到期並由您支付。

10. 免責聲明

服務、軟體、任何更新、任何文檔和資訊均按“原樣”提供，不提供任何形式的擔保。 Splashtop代表其自身及其許可方，不承擔由這些條款以及Splashtop提供的任何樣品，規格或建議引起或與之相關的所有明示，暗示，法定或其他保證，包括但不限於對適銷性，適用於特定目的和不侵犯第三方權利的保證。 Splashtop不保證服務的準確性，完整性，令人滿意的品質，也不保證服務沒有缺陷，無錯誤或不間斷地運行，符合您的要求，沒有病毒或Splashtop將糾正所有錯誤。您理解並同意，通過使用服務下載或以其他方式獲得的任何材料或數據均由您自行承擔風險，並且您將對因下載此類材料和/或數據而導致的計算機系統損壞或數據丟失承擔全部責任。

11. 責任限制

Splashtop's liability for attributably failing (in Dutch “toerekenbare tekortkoming”) to perform the agreement, any unlawful act (in Dutch “onrechtmatige daad”), or otherwise is excluded. to the extent allowed by a mandatory or peremptory rule of law.

Notwithstanding the foregoing, in the event that Splashtop is liable for damages under a mandatory or peremptory rule of law, as a result of for attributably failing (in Dutch “toerekenbare tekortkoming”) to perform the agreement, any unlawful act (in Dutch “onrechtmatige daad”), or otherwise, the total, aggregate liability of Splashtop, its licensors or suppliers is limited to direct damages only and to the total amounts paid to Splashtop for the Services in the twelve (12) month period preceding the circumstances giving rise to the claim at issue.
Direct damage shall solely mean:

property damages (“zaakschade”);
reasonable expenses that You would have to incur to make Splashtop's performance conform to these Terms, unless the agreement is rescinded (“ontbonden”) by, or on behalf of, You;
reasonable expenses incurred by You to determine the cause and scope of the damage, insofar as the determination relates to direct damages; and
reasonable expenses incurred to prevent or mitigate damages, insofar as they relate to direct damages.

Splashtop對因這些條款引起或與之相關的直接損害以外的損害的責任，例如，但不限於間接損失，後果性損失，數據丟失和/或損壞，利潤和收入損失，業務損失，預期儲蓄損失或任何其他類似的財務損失或商譽或聲譽損失，由於第三方的索賠或其他任何形式的偶然，間接，懲罰性或懲戒性損害而造成的損害被排除在外。

如果損害或傷害是由於Splashtop的故意行為或不作為（“opzet”）或重大過失（“bewokeeloosheiid”）造成的，則本條前面各款中提到的限制不適用。

對Splashtop的任何損害索賠應在索賠首次發生后十二（12）個月後停止。

12. 賠償

您特此同意，由您自行承擔費用，賠償、辯護和保護 Splashtop 及其所屬公司、員工、主管、董事、擁有者、資訊提供者、代理商、使用人、授權人 (「受償方」) 免於受償方因任何要求、索賠、起訴、訴訟或以下原因引起的損失而招致的責任、索賠、費用，包括合理的律師費，(a) 您違反這些條款或因您的 Splashtop 帳戶引起的索賠；(b) 您的任何詐欺或人為操作；(c) 根據您提交的資訊、資料、檔案或其他內容的第三方索賠、訴訟或侵權指控；或 (d) 根據您發佈的任何資訊提出的信用卡詐欺。您同意盡最大努力與 Splashtop 合作，為任何要求、索賠、起訴或訴訟辯護。Splashtop 留對您需要賠償的任何事項進行獨家辯護的權利，費用由 Splashtop 承擔。

13. 高風險使用

您特此確認，服務並非為在高風險活動中或高風險活動中訪問和/或使用而設計或意圖，也不得與任何可合理預期故障導致人身傷害、死亡或財產、環境或業務損害的系統結合使用。在不限制前述規定的前提下，本服務不得與任何生命支持系統結合使用。 Splashtop及其許可方特此明確否認對此類目的的適用性的任何明示或暗示的保證。您同意使Splashtop及其高級職員，董事，員工，關聯公司和許可方免受因上述任何服務使用而導致的任何索賠或損失。

14. PAYMENTS AND TAX LIABILITY

Your acceptance of these Terms constitutes Your agreement to make timely payment(s) due to Splashtop including, where applicable, any and all taxes, duties and fees. Unless stated otherwise, all prices and fees shown by Splashtop are exclusive of taxes and regulatory fees. Where applicable, taxes and regulatory fees will be charged on the invoices electronically issued by Splashtop in accordance with local laws and regulations. Splashtop, at its sole discretion, will calculate the amount of taxes due. The taxes and regulatory fees charged can be changed without notice.

Splashtop reserves the right to determine pricing for Splashtop Services based on the geographical location of the user or the actual usage of the Services. Pricing may vary according to the location. The location of purchase should match where the user physically resides and where the Services will be primarily used and deployed. Splashtop reserves the right to verify Your location. If it is determined that pricing was incorrectly applied to Your purchase of Splashtop Services, whether in error or as a result of Your conduct, Your pricing for Splashtop Services will be updated accordingly and all amounts that should have been due under standard pricing shall immediately become due and payable within thirty (30) days of notice thereof.

Splashtop may suspend or terminate the Services on Your Splashtop Account due to any payment delinquency and You agree to reimburse Splashtop for all reasonable costs and expenses incurred in collecting such delinquent amounts.

15. 一般條款

a. These Terms constitute the entire agreement between You and Splashtop concerning Your use of the Services and by accepting these Terms, You expressly acknowledge that these Terms supersede any prior or contemporaneous agreements, communications and/or understandings, written or oral, concerning Your use of the Services. Splashtop will not be bound by any provision of any purchase order, receipt, acceptance, confirmation, correspondence, or otherwise, regardless of whether these Terms are silent on the matter, under any circumstances, unless Splashtop expressly agrees to the provision in a written, executed document.

b. If any provision of these Terms shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the remaining provisions shall not be affected and such invalid provision shall be replaced by Splashtop by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.

c. These Terms shall be exclusively governed by and construed in accordance with the laws of the Netherlands. All controversies, disputes or claims arising out of or relating to the Agreement or the breach thereof which shall not have been amicably settled by the parties shall be exclusively and finally settled by the competent civil court in Amsterdam, the Netherlands, unless otherwise prescribed by mandatory law.

d. You may not assign or transfer these Terms or any rights or obligations under these Terms. Any assignment or transfer of these Terms made in contravention of the terms hereof shall be null and void. Subject to the foregoing, these Terms shall be binding on and inure to the benefit of the parties’ respective successors and permitted assigns. Splashtop may assign its rights under these Terms to its affiliates and to any successor by way of merger, acquisition, consolidation, reorganization, or sale of all or substantially all of its assets that relate to these Terms, without action on Your part, in which case references to Splashtop herein shall be deemed to refer to the assignee.

e. Notices by Splashtop to You may be sent to the email address provided by You during the online registration process or otherwise by any means that Splashtop determines at its sole discretion as likely to come to Your attention. All notices by You to Splashtop regarding these Terms shall be in writing and sent by express carrier or certified mail at the address of Splashtop set forth herein.

f. You agree not to bring or participate in any class action lawsuits against Splashtop or any of its employees or affiliates. You agree that You will not bring a claim under these Terms more than two (2) years after expiration or termination of these Terms. No waiver of any provision or consent to any action by Splashtop shall constitute a waiver of any other provision or consent to any other action, whether or not similar. No waiver or consent by Splashtop shall constitute a continuing waiver or consent except to the extent specifically set forth by Splashtop in writing.

g. You acknowledge that Splashtop may provide software, solutions, and services to third parties, including competitors of You, which are the same or similar to the software, solutions, and services provided to You hereunder.

h. Splashtop will not be responsible for any delay, interruption, or other failure to perform under these Terms due to acts beyond Splashtop’s reasonable control.

i. If You have any ethical, integrity, safety, security, and/or compliance concerns about Splashtop or its employees, You are encouraged to report the incident anonymously at https://www.splashtop.com/anonymous-reporting.

* In certain situations, Splashtop may “grandfather” customers into the use limitations under which they initially subscribed.

Last updated: July 3, 2025

本協定可能被翻譯成不同的語言。如果英文版本或其任何翻譯版本之間存在任何衝突或不一致之處，則以英文版本為準。