Service Agreement of Shenzhen Wenxi e-commerce Co., Ltd
Welcome to Shenzhen Wenxi e-commerce Co., Ltd!
Before accepting this agreement, you must carefully read all the contents of this Agreement and fully understand the terms, especially the limitation or exemption clauses. The limitation or exemption clauses will be highlighted in bold or other eye-catching forms. If you have any questions about the terms of this agreement, please contact the relevant business department of Shenzhen Wenxi e-commerce Co., Ltd. Unless you have read and accepted all terms of this Agreement and relevant agreements and rules, you have no right to use this service. Once you select "agree to the agreement and submit" (see the registration page for specific wording) and complete the registration process, or you use the service in any way, it is deemed that you have read and agreed to the constraints of the above agreements, rules, etc.
In case of any violation of this agreement, Shenzhen Wenxi e-commerce Co., Ltd. has the right to unilaterally take measures such as restricting, suspending or terminating the services provided to you at any time according to your violation, and has the right to investigate your relevant responsibilities.
1、 Noun definition
1.1. Licensed software: refers to the software system provided by Shenzhen Wenxi e-commerce Co., Ltd. for you to download, install and use in the limited system mobile terminal.
1.2. Services: services provided by Shenzhen Wenxi e-commerce Co., Ltd. and its suppliers. You can use the service on the mobile terminal through the licensed software.
2.1. Shenzhen Wenxi e-commerce Co., Ltd. and its suppliers provide you with intelligent living device management services. You can control the intelligent terminal connected to the supplier cloud platform of Shenzhen Wenxi e-commerce Co., Ltd. through Shenzhen Wenxi e-commerce Co., Ltd. and realize the linkage between intelligent devices. The service content includes intelligent device management, scenario linkage, analysis report, etc. these functional services may be optimized or modified according to the change of your needs or the unilateral judgment of the service provider, or the service may be temporarily suspended due to regular and irregular maintenance.
3、 Scope of services
3.1. Subject to this agreement, Shenzhen Wenxi e-commerce Co., Ltd. gives you a right to use the licensed software.
3.2. You may not license, sell, lease, transfer, distribute or otherwise use the licensed software in any form.
3.3. Subject to the limitations of the platform and terminal for the adaptation of the licensed software, you can only use the licensed software on the authorized system platform and terminal. If you install the licensed software on other terminal devices, your hardware or software functions may be damaged.
3.4. You should understand that the licensed software can only be used for non-commercial purposes and cannot be installed, used or run for commercial operation purposes.
3.5. Shenzhen Wenxi e-commerce Co., Ltd. and its suppliers will change, upgrade or transfer the licensed software and its related functions from time to time, and may add new functions or services to the licensed software system. If there is no independent agreement for the above new functions and services, you can still obtain the authorization of corresponding functions and services, and this Agreement applies.
3.6. You shall be responsible for the accuracy, reliability, integrity and legitimacy of the input data and the legitimacy of the way you obtain the data, and shall back up the data and materials regularly. You shall bear all risks for the damage and loss of such materials.
3.7. You should keep your account and password properly. If you find that there are potential security risks in your account (including but not limited to the disclosure of user password), you should notify Shenzhen Wenxi e-commerce Co., Ltd. in time, and Shenzhen Wenxi e-commerce Co., Ltd. will assist you to take relevant measures. Otherwise, you shall be responsible for all actions under your account and bear all responsibilities.
4、 Third party
4.1. You know that some services of Shenzhen Wenxi e-commerce Co., Ltd. and its suppliers may be obtained based on software or services provided by a third party. The service is set up to provide convenience to you and is legally authorized by the third party.
4.2. This product contains some information and services from third parties. Shenzhen Wenxi e-commerce Co., Ltd. and its suppliers do not control the information and services of third parties.
4.3. You understand that Shenzhen Wenxi e-commerce Co., Ltd. and its suppliers cannot guarantee that the licensed software will permanently use or include such third-party services, nor can they guarantee whether they will continue to use other software or services provided by the same third party in the future, and may also use similar services of other third parties. Once the above corresponding software or services are enabled, this Agreement shall also apply.
5、 Usage service specification
5.1. You should standardize the use of licensed software. The following methods violate the use specifications: 1) publish or share computer viruses, worms, malicious code, and software that deliberately destroys or changes computer systems or data; 2) Collect information or data of other users without authorization, such as e-mail address, etc; 3) Malicious use of this product in an automated way, causing excessive burden on the server or interfering with or damaging the website server and network links in other ways; 4) Attempt to access the server data or communication data of the product without authorization; 5) Interfere with and destroy the use of other users of this product.
5.2. You understand and agree that: 1) Shenzhen Wenxi e-commerce Co., Ltd. will determine whether you are suspected of violating the above use specifications, and suspend or terminate your use license or take other restrictive measures according to the determination results. 2) Shenzhen Wenxi e-commerce Co., Ltd. will directly delete the information suspected of breaking the law or infringing the legitimate rights of others or violating this agreement when you use the licensed software. 3) If your violation of the above use specifications causes damage to any third party, you need to independently bear legal liability in your own name and ensure that Shenzhen Wenxi e-commerce Co., Ltd. is free from losses or increased expenses, otherwise Shenzhen Wenxi e-commerce Co., Ltd. has the right to recover from you. 4) If you violate relevant laws or the provisions of this Agreement and cause any losses to Shenzhen Wenxi e-commerce Co., Ltd. and its suppliers, you shall compensate Shenzhen Wenxi e-commerce Co., Ltd. and its suppliers for the losses and / or expenses incurred.
6、 Information content specification
6.1. You promise not to use the service for any illegal or improper activities, including but not limited to the following acts:
6.1. 1. Upload, transmit or share information containing one of the following contents: 1) oppose the basic principles determined by the constitution; 2) Endangering national security, divulging state secrets, subverting state power and undermining national unity; 3) Harming the honor and interests of the state; 4) Inciting national hatred, national discrimination and undermining national unity; 5) Undermining state religious policies and propagating cults and feudal Superstitions; 6) Spreading rumors, disturbing social order and undermining social stability; 7) Spreading obscenity, pornography, gambling, violence, murder, terror or abetting crime; 8) Insulting or slandering others and infringing upon the lawful rights of others; 9) Contains false, fraudulent, harmful, coercive, invasion of others' privacy, harassment, infringement, slander, vulgarity, obscenity, or other morally objectionable content; 10) Containing other contents restricted or prohibited by applicable laws, regulations, rules, regulations and any legally effective norms.
8.1. Unless otherwise specified by laws and regulations, Shenzhen Wenxi e-commerce Co., Ltd. will try its best to ensure that the licensed software and the technology and information involved are safe, effective, accurate and reliable. However, limited by the existing technology, Shenzhen Wenxi e-commerce Co., Ltd. cannot guarantee this.
8.2. You understand that Shenzhen Wenxi e-commerce Co., Ltd. cannot be liable for your direct or indirect losses caused by force majeure and third party reasons.
8.3. You shall be liable for personal injury or incidental and indirect damages caused by or related to any of the following circumstances: 1) unauthorized use of licensed software or change of your data by a third party; 2) Expenses and losses arising from the use of licensed software; 3) Your misunderstanding of licensed software; 4) Other losses related to licensed software not caused by Shenzhen Wenxi e-commerce Co., Ltd.
8.4. Any other software derived from licensed software that is not developed by Shenzhen Wenxi e-commerce Co., Ltd. or developed and officially released by Shenzhen Wenxi e-commerce Co., Ltd. authorized by Shenzhen Wenxi e-commerce Co., Ltd. is illegal. Downloading, installing and using such software may lead to unpredictable risks. The legal liabilities and disputes arising therefrom have nothing to do with Shenzhen Wenxi e-commerce Co., Ltd, Shenzhen Wenxi e-commerce Co., Ltd. has the right to suspend and terminate the use license and / or all other services.
8.5. You know that using the cloud platform provided by Shenzhen Wenxi e-commerce Co., Ltd. involves Internet services, which may be affected by unstable factors in all links, This service may be due to the inherent defects of the Internet and electronic communication and the time beyond the reasonable control of either party to this agreement (including but not limited to fire, flood, terrorist attack, plague, natural disaster, riot, terminal virus, hacker attack, network failure, terminal failure) and suspension, interruption, delay, use restriction or inability to use. You hereby deliberately bear the above risks and agree that Shenzhen Wenxi e-commerce has the right to use when the actual occurrence of the above risk events affects the normal operation of the service The company is not liable to you.
9、 Termination of agreement and liability for breach of contract
9.1. You should understand that you need to use the licensed software according to the scope of authorization, respect the intellectual property rights of the licensed software and the contents contained in the licensed software, use the licensed software according to the specifications, and perform your obligations according to this agreement. If you seriously violate this agreement, Shenzhen Wenxi e-commerce Co., Ltd. will terminate your license and require you to bear corresponding responsibilities.
9.2. Your use of the licensed software depends on the supporting services provided by Shenzhen Wenxi e-commerce Co., Ltd. and its suppliers. If you violate the terms, agreements, rules, notices and other relevant provisions with Shenzhen Wenxi e-commerce Co., Ltd. and its suppliers, you may not be able to use the licensed software normally, Shenzhen Wenxi e-commerce Co., Ltd. has the right to terminate the use license or take restrictive measures against your use license and other controllable rights and interests of Shenzhen Wenxi e-commerce Co., Ltd., including suspending or terminating your use license.
9.3. Once you violate this agreement or other agreements signed with Shenzhen Wenxi e-commerce Co., Ltd., Shenzhen Wenxi e-commerce Co., Ltd. and its suppliers have the right to take restrictive measures against your rights and interests, including suspending and terminating some or all services provided to you, And publicize your breach of contract on the website operated or actually controlled by Shenzhen Wenxi e-commerce Co., Ltd. and its suppliers according to law.
9.4. The licensed software is downloaded by you from the download platform. You need to abide by the agreement of the download platform, system platform and terminal manufacturer on the way and restriction of your use of the licensed software. If the above third party confirms that you violate the agreement and need to be handled by Shenzhen Wenxi e-commerce Co., Ltd. and its supplier, Shenzhen Wenxi e-commerce Co., Ltd. may terminate your license at the request of a third party.
9.5. Upon termination of this use license, you shall stop using the licensed software and destroy all copies.
9.6. If you violate the terms of this Agreement and cause losses to Shenzhen Wenxi e-commerce Co., Ltd., its suppliers or other users, you must bear all compensation liabilities.
10、 Governing law and severability
10.1. The validity, interpretation, modification, execution and dispute resolution of this Agreement shall be governed by the laws of the people's Republic of China. If there are no relevant laws, the general international business practices and / or industry practices shall be referred to.
10.2. Any dispute arising from or in connection with this Agreement may be settled through friendly negotiation with Shenzhen Wenxi e-commerce Co., Ltd. or submitted to the people's court with jurisdiction in the place where this agreement is signed for adjudication.
10.3. When any provision of this agreement is ruled invalid by the people's court with jurisdiction, it will not affect the effectiveness of other provisions or any part thereof, and you and Shenzhen Wenxi e-commerce Co., Ltd. shall still perform in good faith.
10.4. This agreement is signed at 1705, Xiongying building, No. 11, Xinzhou Second Street, Xinzhou community, Shatou street, Futian District, Shenzhen.