Service Agreement of ilife (shenzhen) technology co.LTD
Welcome to ilife (shenzhen) technology co.LTD!
Before accepting the Agreement, you are supposed to thoroughly read all contents of the Agreement, and fully know its terms, especially restrictive clauses or exceptions. Restrictive clauses or exceptions are bold or highlighted in other forms to catch your attention. In case of any doubt for the terms of the
Agreement, please contact relevant business department of ilife (shenzhen)
technology co.LTD. You are not allowed to use the service before you have read and accepted all terms of the Agreement, relevant agreements and rules, etc. Once you select "agree and submit the Agreement" (see registration
page for detailed wordings) and complete the registration procedure, or you use the service in any form, it will be deemed that you have read and agreed with the restriction of the Agreement and rules above. In case of any breach of the Agreement, ilife (shenzhen) technology co.LTD has the right to
unilaterally restrict, suspend or terminate the service for you, and has the
right to investigate your relevant responsibilities.
The Service Agreement (hereinafter referred to as
"the Agreement") is signed by you and ilife (shenzhen) technology
co.LTD. It includes (but not limited to) ilife (shenzhen) technology
co.LTD Privacy Policy and other contents. In case of change, ilife
(shenzhen) technology co.LTD will announce by means of the licensed
software sending a message without further notification. Upon announcement, the changed agreement and rules become a part to the Agreement automatically,
without further notification to you for your consent. In case of objection to
such relevant changes, stop use ilife (shenzhen) technology co.LTD's
service; if you keep using it, it will deemed as that you hold no objections
against the changed rules and agree to abide by them.
I. Definitions of Terms
1.1 Licensed software refers to software system
developed by ilife (shenzhen) technology co.LTD, downloaded and
installed and applied in specified system mobile terminals.
1.2 Services refer to services provided for you by ilife
(shenzhen) technology co.LTD and its suppliers. You can use such
services on the mobile terminal with the licensed software.
II. Service
2.1 ilife (shenzhen) technology co.LTD offers
you intelligent life equipment management services, based on which you can
access the intelligent terminals on ilife (shenzhen) technology co.LTD and
its suppliers' smart platform through the ilife (shenzhen) technology
co.LTD Control, and realize interlinkage among intelligent equipment.
Service contents include intelligent equipment management, scene interlinkage
and analysis report, etc. Such functions may be optimized or modified according
to changes of users' demands or judgment of service supplier, and service
supply may be suspended due to regular and irregular maintenance.
III. Scope of Service
3.1 ilife (shenzhen) technology co.LTD grants you
with the right to use the product based on this software.
3.2 You are prohibited to license, sell, lease,
transfer, issue the product in any form, or use the product for other
commercial purpose.
3.3 Due to limitations on software adaptation platform
and terminals, you can only use the licensed software in the authorized system
platform and terminal; if you install the licensed software on other terminal
equipment, it may damage your hardware or software function.
3.4 You acknowledge that the licensed software can
only be used for non-commercial purpose and installation, application and
running of the licensed software is prohibited. If such commercial operation is
necessary, prior written authorization and permission from ilife (shenzhen)
technology co.LTD shall be obtained.
3.5 ilife (shenzhen) technology co.LTD and its
suppliers may change, upgrade or transfer the licensed software or relevant
functions from time to time, and may add new functions or services in the
licensed software system. If no separate agreements are accompanied with the
aforesaid new functions or services, you are entitled to the corresponding
functions and services, which is also subject to the Agreement.
3.6 You shall be responsible for the accuracy,
reliability, integrity and legality of input data and legality of the way in
which you obtain the data, and shall back up data and information from time to
time. You shall bear all risks for damage and loss of such information.
3.7 You shall properly keep your account number and
password. In case of any safety loophole for your account (including but not
limited to divulgence of user password), you shall notify ilife (shenzhen)
technology co.LTD in time, and ilife (shenzhen) technology co.LTD will
assist you in taking relevant measures. Otherwise, all behaviors related to
your account shall be assumed by you and you will bear all responsibilities.
IV. A Third Party
4.1 You acknowledge that certain service of ilife
(shenzhen) technology co.LTD and its suppliers is based on software or
services provided by a third party. Such service is set to facilitate your
application and necessary legal authorization is obtained from the third party.
4.2 The product includes certain information and
services of the third party. ilife (shenzhen) technology co.LTD and
its suppliers neither controls nor bears responsibility for information and
services of the third party.
4.3 You acknowledge that ilife (shenzhen)
technology co.LTD and its suppliers cannot guarantee that the licensed
software always uses or contains such services, or that other software provided
by the same third party will be used in future. Likewise, it may use similar
services supplied by another third party. Upon application, the aforesaid
corresponding software or services are subject to this Agreement.
V. Service Application Standard
5.1 You shall use the licensed software in a normal manner. The following ways are in breach of the application standard:
1) Issue or share computer virus, worms, malicious
codes, or software that deliberately damages or changes computer system or
data;
2) Collect information or data of other users without
authorization, for example, email address and the like;
3) Maliciously use the product in an automatic way,
causing over load to the server, or interfere with or damage web server and
network links in other forms.
4) Attempt to visit server data or communication data
of the product without authorization;
5) Interfere with or damage the production
application by other users.
5.2 You understand and agree that:
1) ilife (shenzhen) technology co.LTD will
determine whether or not you are involved in violation of standards above, and
suspend or terminate your application license according to determination
results or take other restrictions according to agreements.
2) ilife (shenzhen) technology co.LTD will
directly delete information in breach of laws, or infringing others' legal
rights, or in breach of the Agreement issued by you when using the licensed
software.
3) If a third party suffers from damage due to your
breach of application standards, you shall independently bear legal
responsibility in your name, and protect and indemnify ilife (shenzhen)
technology co.LTD from losses or additional expenses generated
therefrom. Otherwise, ilife (shenzhen) technology co.LTD has the
right to claim compensation.
4) If ilife (shenzhen) technology co.LTD and
its suppliers suffers from any loss due to your breach of relevant laws or the
Agreement, you shall compensate ilife (shenzhen) technology co.LTD and
its suppliers for losses and (or) expenses generated therefrom.
VI. Information Content Standard
6.1 You promise that you will not conduct any act in
breach of laws or improper behaviors by using the service, such act and
behavior include (but not limited to):
6.1.1 Uploading, transferring or sharing information
containing one of the following contents:
1) Opposing the basic principles determined in the
Constitution;
2) Endangering state safety, disclosing state secret,
subverting state power and sabotaging state unity;
3) Damaging state honor and benefit;
4) Inciting national hatred and discrimination and
sabotaging national unity;
5) Destroying religious policy of the state and
advocating heresy and feudalistic superstition;
6) Spreading rumors, disturbing social order and
destroying social stability;
7) Spreading obscenity, porn, gambling, violence ,
murder and terror or abetting a crime;
8) Insulting or slandering others and infringing on
the legal rights and interests of others;
9) Containing contents of sham, defraudation, harm,
threat, infringement to others' privacy, harassment, infringement, slander,
coarseness, indecency, or morally repulsive contents;
10) Containing other contents restricted or forbidden
by applicable laws, regulations, rules, provisions and other legal standards.
VII. Private Policy and Data
7.1 It is crucial for ilife (shenzhen) technology
co.LTD to protect your personal information. ilife (shenzhen)
technology co.LTD prepares ilife (shenzhen) technology co.LTD Privacy
Policy, in which contents related to ownership and protection of intellectual
property, collection, use, share, storage and protection, etc. of your
information are disclosed. You are suggested to thoroughly read ilife
(shenzhen) technology co.LTD Privacy Policy.
VIII. Exception Clauses
8.1
Unless otherwise specified in laws and regulations, ilife (shenzhen) technology
co.LTD will do its best to ensure the security, validity, accuracy and
reliability of the licensed software and technologies and information involved,
but ilife (shenzhen) technology co.LTD is unable to guarantee the same due
to restriction by available technologies nowadays. 8.2 You understand that
ilife (shenzhen) technology co.LTD will not assume responsibility for
direct or indirect losses caused by force majeure and default of a third
party. 8.3 You shall be responsible for personnel injury or incidental or
indirectly injury caused by or related to one of the following accidents: 1) A
third party uses the licensed software or changes your data without permission;
2) Expenses and losses produced by using the licensed software; 3) Your
misunderstanding of the licensed software; 4) Other losses related to licensed
software caused by reasons not attributable to ilife (shenzhen) technology
co.LTD. 8.4 Any other licensed software-derived software not developed and
released by ilife (shenzhen) technology co.LTD or the development and
release are not granted by ilife (shenzhen) technology co.LTD is illegal
software. Downloading, installing and using such software may cause
unpredictable risks. ilife (shenzhen) technology co.LTD shall be free from
legal responsibilities and disputes generated therein and ilife (shenzhen)
technology co.LTD shall have the right to suspend or terminate application
license and/or other all services. 8.5 You have been informed of that the
usage of ilife (shenzhen) technology co.LTD and its supplier's smart platform involves
in Internet service, which may be affected by unstable factors in all links.
Although ilife (shenzhen) technology co.LTD has taken safeguard measures,
the service may be suspended, terminated, delayed, suffered from application
restriction or application failure due to inherent defects of Internet and
e-communication as well as factors beyond reasonable control of any party to
the Agreement (including but not limited to fire, flood, terrorist attack,
pestilence, natural disasters, riot, terminal virus, hacker attack, network
fault and terminal fault). You hereby agree to bear foregoing risks and agree
that ilife (shenzhen) technology co.LTD is free from any responsibility
when normal running of services are influenced by the occurrence of foregoing
risks.
IX. Agreement Termination and Breach of Agreement
9.1 You should understand that you shall use the
licensed software according to authorization scope, respect intellectual
property of software and contents contained in the software, and perform obligations
according to the Agreement when using ilife (shenzhen) technology co.LTD's
services. ilife (shenzhen) technology co.LTD will terminate the
application license if you are in material breach of the Agreement.
9.2 Your application of the software relies on supporting
services supplied by ilife (shenzhen) technology co.LTD's related
companies. Breach of terms, agreements, rules, annunciation and other relevant
regulations of ilife (shenzhen) technology co.LTD and its related
companies may cause failure in normal usage of licensed software, in which
case, ilife (shenzhen) technology co.LTD shall be entitled to
terminate the application license, or take measures to restrain your
application license or other rights and interests controlled by ilife
(shenzhen) technology co.LTD as agreed in the Agreement, including
suspension or termination of your application license.
9.3 In case of your breach of the Agreement or other
agreements signed with ilife (shenzhen) technology co.LTD, ilife
(shenzhen) technology co.LTD and its suppliers shall have the right to
notify the related companies, requiring them to take restrictive measures to
your rights and interests, including requiring related companies to suspend or
terminate supplying part or whole services for you, and legally announce your
breach of agreement on websites run or actually controlled by them.
9.4 The licensed software is downloaded from the
downloading platform and you shall abide by stipulations of the download
platform, system platform and terminal manufacture on application ways and
restrictions of the licensed software. If the above mentioned third party
confirms that you are in breach of the agreement and ilife (shenzhen)
technology co.LTD and its supplier's treatment is required, ilife
(shenzhen) technology co.LTD may terminate your application license at
the third party's request.
9.5 When the application license terminates, you
shall stop using the licensed software and destroy all copies.
9.6 You must bear all compensation responsibilities
if ilife (shenzhen) technology co.LTD and other users suffer from
losses caused by your breach of terms in the Agreement.
X. Governing Laws and Severability
10.1 Effectiveness, explanation, change, execution
and dispute settlement of the Agreement are subject to laws of the People's
Republic of China. If no relevant laws and regulations are available, reference
to general international business practices and (or) industrial practices shall
be made.
10.2 Dispute arising from or in connection with the
Agreement may be settled by you and ilife (shenzhen) technology co.LTD through
friendly negotiation; where
the negotiation fails, you agree to submit the dispute or dispute to the
people's court with jurisdiction in the place where this agreement is signed.
10.3 When any term of the Agreement is judged to be
invalid by such court, it will not influence the effectiveness of other terms
or any part thereof, and you and ilife (shenzhen) technology co.LTD shall
perform the valid terms in good faith.