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.定义

“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.服务的使用

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.知识产权

Splashtop或其许可人保留对服务中或与服务相关的所有知识产权的所有权。这些条款不构成Splashtop向您转让任何知识产权。您只被授予使用这些条款中所述的服务的权利。您承认，服务可能包含未公布的信息，并体现了Splashtop和/或其许可人专有的有价值的商业秘密。 Splashtop和/或其许可人保留所有未在此明确授予的服务权利。如果您违反了本条款的任何部分，本条款授予的许可和您使用服务的权利将自动终止。

5.保密信息

"机密信息 "是指Splashtop的任何非公开的业务或技术信息，包括但不限于与Splashtop的商业秘密或技术诀窍有关的任何信息，这些信息被口头或书面指定为 "机密"，或者您知道或应该知道被Splashtop视为机密或专有。您同意对保密信息严格保密，除本条款明确授权的情况外，不使用保密信息。您应确保没有未经授权的人可以接触到保密信息。尽管有上述规定，保密信息不应包括以下信息：(i)由于您没有违反本条款而成为公共领域的一部分；(ii)由您独立开发而没有参考任何保密信息；或(iii)由第三方合法向您披露而没有披露限制的。

6.商标

7.隐私

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.更新和支持

Splashtop可能会不时地自行决定，并且没有任何义务这样做，通过互联网或其他来源提供服务的更新。所有这些更新应被视为包括在服务的定义内，并应受这些条款的约束。 Splashtop保留对服务的任何未来版本或更新收取费用的权利。只有在Splashtop在协议签订后的三个月内提高其费用，并且只针对您对任何服务的非商业性使用，您才有权撤销您与Splashtop的协议。

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.期限和终止

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.

在终止的情况下（在荷兰语中为 "ontbinding"），已经向您提供的服务的付款将不会被退还或逆转。 Splashtop在终止前向您提供的与本条款规定的服务有关的发票金额将在终止后继续有效，并将在终止时立即成为您的应付款项。

10.免除保证的责任

服务、软件、其任何更新、任何文件和信息都是 "按现状 "提供的，没有任何形式的保证。 Splashtop代表其自身及其许可人，否认所有由这些条款和Splashtop提供的任何样品、规格或建议引起的或与之相关的保证，无论是明示的、暗示的、法定的还是其他的，包括但不限于对适销性、特定用途的适用性和不侵犯第三方权利的保证。 Splashtop不保证服务的准确性、完整性和令人满意的质量，也不保证服务没有缺陷、运行无误或不中断、满足您的要求、没有病毒或Splashtop将纠正所有错误。您理解并同意，通过使用服务下载或以其他方式获得的任何材料或数据的风险由您自行承担，您将对因下载此类材料和/或数据而导致的您的计算机系统的任何损害或数据丢失负全部责任。

11.责任的限制

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对由这些条款引起的或与之相关的直接损害的责任，如但不限于间接损失、间接损失、数据损失和/或损坏、利润和收入损失、业务损失、预期储蓄损失、或任何其他类似的财务损失或商誉或声誉损失、因第三方索赔而造成的损害或其他任何形式的偶然、间接、惩罚性或惩戒性损害，均不包括在内。

如果损害或伤害是由Splashtop的故意行为或不行为（"opzet"）或严重疏忽（"bewuste roekeloosheid"）造成的，则本条前几款中提到的限制不适用。

任何对Splashtop的损害索赔应在索赔首次发生的十二（12）个月后停止。

12.赔偿

您在此同意，由您自行承担费用，对Splashtop及其附属机构、雇员、管理人员、董事、业主、信息提供者、代理人、被许可人、许可人（"被赔偿方"）进行赔偿，并使其免受任何及所有责任、索赔、费用（包括合理的律师费）的影响，这些责任、索赔、行动、诉讼或损失是由于（a）您违反本条款或因您的Splashtop帐户而产生的索赔。(b) 您的任何欺诈或操纵行为；(c) 基于您提交的信息、数据、文件或其他内容的第三方索赔、诉讼或侵权指控；或 (d) 基于您发布的任何信息的信用卡欺诈索赔。您同意尽最大努力与Splashtop合作，为任何要求、索赔、行动或诉讼辩护。 Splashtop保留对任何须由您赔偿的事项进行独家辩护的权利，费用由Splashtop自行承担。

13.高风险的使用

您在此承认，服务不是为在高风险活动中或在高风险活动中访问和/或使用而设计或打算的，并且不得用于与任何系统有关的、可合理地预期会导致人身伤害、死亡或财产、环境或业务损害的故障。在不限制上述规定的情况下，服务不应用于任何生命支持系统。 Splashtop及其许可人在此明确声明，不对此类目的的适用性作任何明示或暗示的保证。您同意让Splashtop及其管理人员、董事、雇员、附属机构和许可人不因任何前述服务的使用而遭受任何索赔或损失。

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.

15.一般情况

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

本协议可被翻译成不同的语言。如果本文件的英文版本或任何译本之间有任何冲突或不一致，应以英文版本为准。