Shenzhen ElinkThings Co., Ltd. (hereinafter referred to as ElinkThings) hereby reminds the user to carefully read and fully understand the Software License and Service Agreement (this "Agreement"). The user shall carefully read and fully understand the terms of this Agreement, in particular those relating to the exemption or limitation of ElinkThings's liability, dispute resolution and applicable laws. Your attention is drawn to the terms relating to the exemption or limitation of liability, which have been marked in bold. Please read carefully and choose to accept or not accept this Agreement (a minor should be accompanied by his/her legal guardian while reading this Agreement). By downloading, installing and using the software, as well as obtaining and logging in your account, you agree to accept this Agreement and to be fully bound by its terms.
ElinkThings reserves the right to amend this Agreement. Updated and become effective from the date of publication. The user can re-download and install the software or view the latest version of the terms of this Agreement on the website. After ElinkThings has amended the terms of this Agreement, if you do not accept the amended terms, please immediately discontinue using of the "AIFit" software and services provided by ElinkThings; the user's continued use of the "AIFit" software and services provided by ElinkThings will be deemed acceptance of the amended terms of this Agreement.
1.1. This Agreement is the agreement concluded by and between you (hereinafter referred to as the "User") and ElinkThings and its operation partner (hereinafter referred to as the "Partner") concerning the User's downloading, installation and use of the " AIFit" software (hereinafter referred to as the "Software") of ElinkThings and use of relevant services of ElinkThings.
1.2. The Software and services are provided by ElinkThings for installation on (including but not limited to) mobile smart terminal devices, used to synchronize dat a collected by ElinkThings's products and information.
1.3. The ownership and right-to-operate of the Software and services shall be vested in ElinkThings.
2.1. ElinkThings grants the User a personal, non-transferable and non-exclusive license to use the Software without the right to sublicense.
2.2. The User can install, use, display and run the Software on a single mobile terminal device for non-commercial purposes. However, the User shall not install, use or run the Software for commercial operation purposes. The User shall not copy, alter or modify any data of the Software, or any data released to the memory of any terminal device during the running of the Software and the interactive data generated between the client and the server during the running of the Software, or run the Software with plug-ins, or create any derivative work in any form, including but not limited to plug-ins, access to the Software and related systems through unauthorized third-party tools/services. If you need to sell, copy or distribute the Software commercially, e.g. software pre-installation and bundling, you must obtain the written authorization and license from ElinkThings.
2.3. Without the permission of ElinkThings, the User shall not install the Software on other terminal devices that are not expressly permitted by ElinkThings, including but not limited to set-top box
3.1.The User shall download and install the Software from the website or in the manner designated by ElinkThings. Be aware not to download the Software on unspecified websites, so as to prevent mobile devices from infecting malicious programs that can destroy user data and acquire user privacy information. If you acquire the Software or the installation program with the same name as the Software from a third party that has not been authorized by ElinkThings, ElinkThings cannot guarantee it will be used normally and ElinkThings accepts no liability for any loss thereby caused to you.
3.2.2. The User must select the Software version that matches the terminal device installed. Otherwise, any software problems, device problems or damages resulting from mismatch between the Software version and the device model shall be solely assumed by the User.
3.3. In order to improve User experience and optimize service content, ElinkThings reserves the right to provide replaced, modified and upgraded version of the Software, and also reserves the right to charge for such replacement, modification or upgrading, but will obtain your consent in advance for such charges. The Software will enable "upgrade prompt" feature by default for the User. Depending on the Software version used by the User, ElinkThings provides the User with the discretion to or not to enable the said feature. After the new version of the Software is released, ElinkThings does not guarantee that older versions of the Software will continue to be usable.
4.1.The User may use the Software and services in accordance with this Agreement and laws. The User shall not commit the following acts:
4.1.1.Delete any copyright information on the Software and other copies, or modify, delete or circumvent the technical measures set by the Software for the protection of intellectual property rights;
4.1.2.Perform reverse engineering of the Software, such as disassembly, decompilation or other attempts to obtain the source code of the Software;
4.1.3.Add, remove or change the features or running effects of the Software by modifying or forging the instructions and data during the running of the Software, or otherwise operate or disseminate to the public the software or methods used for the purposes described above, whether or not for commercial purposes;
4.1.4.Use the Software to commit any acts detrimental to network security, including but not limited to: using unauthorized data or access to unauthorized servers/accounts; unauthorized access to public networks or the operating system of others and delete, modify or add any information stored; unauthorized attempts to detect, scan or test the Software system or network weaknesses or do other things that destruct network security; attempt to interfere with or destruct the normal operation of the Software system or website, deliberately spread malicious programs or viruses, or carry out other acts that destruct or interfere with normal network information services; forge the name or partial names of TCP/IP data packet;
4.1.5.The User logs in or uses the Software and services through third party compatible software or systems not developed, authorized or approved by ElinkThings , or makes, publishes or disseminates the above tools;
4.1.6.Without the written consent of ElinkThings, the User does anything on the Software or the information contained therein, including but not limited to using, leasing, lending, copying, modifying, setting up a link, reproducing, compiling, releasing, publishing, establishing a mirror image website, or unauthorized use of the Software to develop related derivative products, works, services, plug-ins, compatibility or interconnection;
4.1.7.Use the Software to publish, transmit, disseminate or store any content that violates national laws, endangers national security, reunification of the motherland, social stability or public order, or any improper, insulting, obscene or violent content, or any content in violation of national laws and regulations;
4.1.8.Use the Software to publish, transmit, disseminate or store any content that infringes the legitimate rights such as intellectual property rights and trade secrets of others;
4.1.9.Use the Software to publish, transmit or disseminate advertising information or spam in bulk;
4.1.10.Use the Software and other services provided by ElinkThings, in any unlawful manner, for any unlawful purpose or in any manner inconsistent with the licensed usage under this Agreement;
4.2. Information Publication Specifications
4.2.1.While using the Software, you are required to comply with the requirements of "Seven Bottom-Lines", i.e., the laws and regulations, the socialist system, the national interests, the legitimate rights and interests of citizens, the social public order, the moral fashion and the authenticity of information.
4.2.2.You shall not use the Software to commit the following acts, including but not limited to:
4.2.2.1. Produce, reproduce, publish, disseminate or store any of the following contents that violate national laws and regulations:
(1) any content that is against the basic principles established by the Constitution;
(2) any content endangering national security, divulging state secrets, subverting state power or undermining national unity;
(3) any content with prejudice to state honor and interest;
(4) any content that incites national hatred or ethnic discrimination, or destructs national unity;
(5) any content that undermines the national religious policy or disseminate cults or feudal superstition;
(6) any content that disseminates rumors, disturbs the social order or undermines social stability;
(7) any content that disseminates obscenity, pornography, gambling, violence, murder or terror or instigates crimes;
(8) any content that insults or slanders others, or infringes the legitimate rights and interests of others;
(9) any content that incites illegal assembly, association, procession, demonstrations or gatherings to disrupt social order;
(10) any content about activities carried out in the name of illegal non-governmental organizations;
(11) any other content prohibited by laws and administrative regulations.
4.2.2.2.Publish, transmit, disseminate or store any content that infringes the legitimate rights such as reputation right, portrait right, intellectual property rights and trade secrets of others;
4.2.2.3.Make up the fact or conceal the truth to mislead or deceive others;
4.2.2.4.Publish, transmit or disseminate advertising information or spam;
4.2.2.5.Engage in other acts that violate laws and regulations, policies, public order, social morality and so on.
4.2.3.Without the permission of ElinkThings, you shall not carry out any commercial conduct in the Software, such as advertising, selling merchandise.
4.3. You understand and agree that:
4.3.1. ElinkThings will determine whether the User is suspected of violating the above-mentioned usage specifications and, based on the result of such determination, suspend or terminate the use license granted to you or take other restrictive measures that may be taken in accordance with this Agreement;
4.3.2. ElinkThings will directly delete any information suspected of being unlawful or infringing the legitimate rights of others or violating this Agreement, which is published by the User during use of the licensed Software;
4.3.3.If you violate the above-mentioned usage specifications and thus cause damages to third parties, you need to assume the liability in your own name independently and to hold ElinkThings harmless from and against any loss or expense arising therefrom;
4.3.4.The User shall indemnify and hold harmless ElinkThings from and against any and all losses, third-party claims, administrative penalties, damages and/or expenses, including reasonable attorney fees, investigation and evidence collection costs, incurred or suffered by ElinkThings resulting from the User's violation of relevant laws or breach of this Agreement.
5.1. It is important for ElinkThings to protect your personal data. In order to provide the Software features and improve User experience, ElinkThings will collect the following types of data:
5.1.1.Information about you: We may collect and use features such as email accounts, avatars, nicknames, gender , time zones, languages, and regions. This information will be used to setting up your Account.
5.1.2.Personal Body Information: When you activate AIFit, we need you to provide birthdays, height, weight, gender, to accurate calculate weight results.
5.1.3.Device Record information : When you use AIFit 5.1.3.to synchronize device data, personal data is recorded, including but not limited to: Brush record(Brush time、Brushing range、Brush evenness.).
5.1.4.Caller information: When you use the call, SMS reminder function, you will get your phone calls, SMS status, and in the case of your permission to obtain contact information for incoming calls, receive text messages on the device to display the information, but the AIFit will not to save your contacts and other related information.
5.1.5.Phone Info: When you use the AIFit, in order to determine whether the phone is supported, we need to get your phone operating system and version of the mobile phone brand model.
5.1.6.Debug log information: We will not collect your debug log information unless when you choose to upload debug logs to help us analyze the problem, your application debug log file will be sent to the server.
We may also collect other types of information which are not linked to an individual and which is anonymous. For example, using behaviours and information about the problem may be collected when you agree to enter into User Experience Program . Such information is collected in order to improve the services we provide to you,and we will only keep it for one year .
5.2. We collect, use and protect your data in accordance with our Privacy Policy.
6.1. The User must procure the device required for Internet access and the usage of telecom value-added services by the mobile terminal device, and bear the communication fees, information fees and related costs incurred by Internet access of personal mobile terminal device or charged by third parties (including but not limited to telecommunications and mobile communication providers). If any telecom value-added services are needed, you are advised to confirm the costs with your telecom value-added service provider.
6.2. Neither ElinkThings nor its Partner is liable for any loss suffered by the User due to reasons attributable to third parties such as communication line failure, technical problem, network or mobile terminal device failure, system instability and other various force majeure factors.
6.3. The Software, like most other Internet software, may be affected by factors including but not limited to user reasons, network service quality, social environment differences, etc., and may also be subject to the harassment relating to various security problems, such as the usage of data of the User by others, resulting in harassment in real life; other software downloaded and installed by the User or other websites visited by the User contain "Trojan horse" and other viruses, threatening the security of the User's terminal device information and data, and then affecting the normal use of the Software. The User shall enhance the awareness of information security and user data protection, and pay attention to strengthening password protection, so as to avoid loss and harassment.
6.4. When the User uses the Software or requests ElinkThings to provide specific services, the Software may call a third party system or software to support the User's use or access. The results of the use or access will be provided by the third party. ElinkThings does not guarantee the safety, accuracy and effectiveness of the results achieved through the support of the said system or software, nor does ElinkThings assume any other uncertain risks; if any dispute or damage is caused thereof, ElinkThings will not assume any liability.
6.5. ElinkThings specifically draws the User's attention to that, in order to protect the company's business development and adjustment autonomy, ElinkThings has the right to modify or suspend the services at any time without notice to the User and without any liability to the User or any third party.
.6. Except as expressly provided in laws and regulations, we will do our utmost to ensure that the Software and the technology and information involved are safe, effective, accurate and reliable; however, subject to the existing technology, the User understands that ElinkThings cannot guarantee it.
6.7. The User shall be solely liable for any personal injuries or incidental or consequential damages, including but not limited to loss of profit, loss of data, business interruption or other commercial damages arising out of or in connection with: (1) the use or failure to use the licensed Software; (2) unauthorized use of the Software or modification of the User's data by a third party; (3) costs and losses incurred by the User during use of the Software; (4) misunderstanding by the User of the Software; (5) other losses in connection with the Software for reasons not attributable to ElinkThings.
6.8. In the event of any personal or economic damages or losses that have been or may be caused due to the conduct performed by the User and other software users through any software, or due to the User's being misled or deceived, the faulting party shall assume all liabilities arising thereof.
6.9. Before using the application to connect to the device to measure data, you should carefully read the device's instruction manual to understand the device's use method and principle. If there is any dispute or loss, ElinkThings will not bear any responsibility.
6.10. All data in the application: blood pressure, blood sugar, body temperature, blood oxygen, body fat rate, etc. are measured by equipment (Blood Pressure Monitor, Blood Glucose Meter, Infrared Thermometer, Thermometer, Oximeter, Body Fat Scale, etc.) , The value is comparable to professional medical data, but it is only used as a reference, not as a basis for clinical medical data, not as any clinical medical reference. In addition to using the application, users should seek the doctor’s Suggestions, opinions.
7.1. ElinkThings is the intellectual property right holder of the Software. All intellectual property rights such as copyright, trademark, patent, trade secret, etc. relating to the Software, and all information related to the Software (including but not limited to text, pictures, audio, video, graphics, interface design, layout, data or electronic documents, etc.) are protected by the laws and regulations of the People's Republic of China and corresponding international treaties. ElinkThings enjoys the above intellectual property rights.
7.2.Without the prior written consent of ElinkThings , the User shall not independently use or transfer any of the above intellectual property rights for any commercial or non-commercial purposes, or permit any third party to do so. ElinkThings reserves the right to pursue legal liability for such acts.
8.1. ElinkThings reserves the right to amend the terms of this Agreement from time to time at its sole discretion, and any such amended terms will be timely published on relevant web pages. If you do not agree to any amendment, you shall take the initiative to cancel the services. If you continue to use the services, it shall be deemed your acceptance of the amended Agreement.
8.2. ElinkThings or the Partner reserves the right from time to time and at its sole discretion to modify or change the paid services provided, the charging criteria, charging mode, service charges or service terms. In providing the services, ElinkThings may start to charge some users for certain fees now or in the future. If the User refuses to pay such fees, the User will not be able to continue using relevant services after the charging starts. ElinkThings and the Partner will do their utmost to notify the User of any amendments or changes by email or otherwise.
9.1. The validity and interpretation of this Agreement shall be governed by the laws of the Mainland of the People's Republic of China. In the absence of relevant legal provisions, reference may be made to international business practices and/or business practices.
9.2. Both the User and ElinkThings agree that any dispute arising from the services shall first be settled through consultations by the Parties. If no settlement can be reached through such consultations, either Party may submit the dispute to the court of competent jurisdiction over the place where this Agreement is signed.
10.1.For any specific service of the Software, there may be a separate agreement and related business rules, etc. (hereinafter collectively referred to as the "separate agreement"), so please read and agree to relevant separate agreement before using such specific service.
10.2.The headings to all the terms of this Agreement are for ease of reference only and shall be ignored in interpreting this Agreement.
10.3.If any provision of this Agreement is or becomes invalid or unenforceable for whatever reasons, the remaining provisions hereof shall remain in full force and effect and binding upon both Parties hereto.