Welcome to Homevitaal
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 Homevitaal. 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, Homevitaal 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 Homevitaal. It includes (but
change, Homevitaal 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 Homevitaal'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 Homevitaal, downloaded and installed and applied in specified
system mobile terminals.
1.2 Services refer to services provided for you by Homevitaal and
its suppliers. You can use such services on the mobile terminal with the
2.1 Homevitaal offers you intelligent life
equipment management services, based on which you can access the intelligent
terminals on Homevitaal and its suppliers' smart platform through the Homevitaal 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 Homevitaal 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
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 Homevitaal shall
3.5 Homevitaal 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 Homevitaal in
time, and Homevitaal will assist you in taking relevant measures. Otherwise,
all behaviors related to your account shall be assumed by you and you will bear
IV. A Third Party
4.1 You acknowledge that certain service of Homevitaal 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. Homevitaal and its suppliers neither controls
nor bears responsibility for information and services of the third party.
4.3 You acknowledge that Homevitaal 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
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
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) Homevitaal 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) Homevitaal 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 Homevitaal from
losses or additional expenses generated therefrom. Otherwise, Homevitaal has
the right to claim compensation.
4) If Homevitaal and its suppliers suffers from
any loss due to your breach of relevant laws or the Agreement, you shall
compensate Homevitaal and its suppliers for losses and (or) expenses
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
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 Homevitaal to protect your
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 Homevitaal Privacy
VIII. Exception Clauses
Unless otherwise specified in laws and regulations, Homevitaal will do its
best to ensure the security, validity, accuracy and reliability of the licensed
software and technologies and information involved, but Homevitaal is
unable to guarantee the same due to restriction by available technologies
nowadays. 8.2 You understand that Homevitaal 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 Homevitaal. 8.4
Any other licensed software-derived software not developed and released by Homevitaal or
the development and release are not granted by Homevitaal is illegal
software. Downloading, installing and using such software may cause
unpredictable risks. Homevitaal shall be free from legal responsibilities
and disputes generated therein and Homevitaal 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 Homevitaal and its supplier's
smart platform involves in Internet service, which may be affected by
unstable factors in all links. Although Homevitaal 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 Homevitaal 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 Homevitaal's services. Homevitaal will
terminate the application license if you are in material breach of the
9.2 Your application of the software relies on
supporting services supplied by Homevitaal's related companies. Breach of
terms, agreements, rules, annunciation and other relevant regulations of Homevitaal and
its related companies may cause failure in normal usage of licensed software,
in which case, Homevitaal shall be entitled to terminate the application
license, or take measures to restrain your application license or other rights
and interests controlled by Homevitaal 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 Homevitaal, Homevitaal 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
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 Homevitaal and its supplier's
treatment is required, Homevitaal 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 Homevitaal 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
10.2 Dispute arising from or in connection with the
Agreement may be settled by you and Homevitaal through friendly
negotiation or submitted to People's Court of Paradijsselpark 139, 2904 PA
Capelle aan den IJssel, The Netherlands where the Agreement is signed for
10.3 When any term of the Agreement is judged to be
invalid by the People's Court, it will not influence the effectiveness of other
terms or any part thereof, and you and Homevitaal shall perform the valid
terms in good faith.
10.4 The Agreement is signed in Paradijsselpark 139,
2904 PA Capelle aan den IJssel, The Netherlands.