Welcome to EVER-YOUNG
Smart Building and Home Application and Software, and Services
In order to use EVER-YOUNG Smart Building and Home Application and Software (hereinafter referred to as "EVER-YOUNG Smart Home" or "the Software") and services (hereinafter referred to as the "Service"), you shall read and abide by the " EVER-YOUNG Smart Home Application and Software License and Service Agreement" (hereinafter referred to as the "Agreement"). This Agreement is jointly signed by you and Ever-young Technology Co., Ltd. (hereinafter referred to as "EVER-YOUNG" or "the Company"). Please be sure to carefully read and fully understand the content of each clause, especially the clause on exemption or limitation of liability, as well as the separate agreement for opening or using a certain service, and choose to accept or not accept it. Limitations and disclaimers may be in bold to draw your attention. If you have any questions about the terms of this agreement, please contact the relevant business department of EVER-YOUNG for inquiry. Unless you have read and accepted all the terms of this Agreement, you are not authorized to download, install or use the Software and related services. Your downloading, installing, using, obtaining a user account, logging in, etc., shall be deemed to have read and agreed to the terms of this Agreement. If you are under the age of 18, please read this Agreement and other such agreements with your legal guardian, and pay special attention to the Terms of Use for Minors.
1. Scope of the Agreement
1.1 Scope of Applicable Subjects of the Agreement
This agreement is an agreement between you and Ever-Young Technology Co., Ltd. regarding your downloading, installing, using, copying " EVER-YOUNG Smart Home" and using related services.
1.2 Relationship and Conflicting Terms
The contents of this Agreement also include the relevant agreements and business rules regarding the Service that may be issued by the Company from time to time. Once the above content is officially released, it shall be an integral part of this Agreement, and you shall also abide by it.
2. About the Service
2.1 Content of the Service
The content of this service refers to the central management system of cross-platform intelligent building and home control systems and peripheral intelligent electrical products provided by the Company to users, including supporting single and multi-person participation in real-time viewing and control of smart devices and remote peripheral products, and providing users with functions, services or contents including but not limited to smart device management, scene linkage, data storage, account management and so on. These functions, services or contents may change according to the changes in user needs or the upgrade, optimization, change and modification of the service provider, etc., and may also temporarily stop providing services due to regular or irregular maintenance.
2.2 Form of Services
2.2.1 You need to download the client software of EVER-YOUNG Smart Home in advance to use this service, and the company will provide you with a personal, non-transferable and non-exclusive license. You may use the Software and Services only for the purpose of accessing or using the Services.
2.2.2 In this service, EVER-YOUNG Smart Home software provides multiple application versions including but not limited to iOS, Android, etc., and the user must choose the software version that matches the installed terminal device.
2.3 Scope of the Service License
2.3.1 The Company grants you a personal, non-transferable and non-exclusive license to use the Software. You may install, use, display and run the Software on a single terminal device for non-commercial purposes.
2.3.2 You may make one copy of the Software for the purpose of using the Software and Services for backup purposes only. The backup copy must contain all copyright information contained in the original software.
2.3.3 All other rights not expressly authorized in this Article and other terms of this Agreement are still reserved by the Company, and you must obtain the written permission of the Company when exercising these rights. The Company's failure to exercise any of the foregoing rights shall not constitute a waiver of such rights.
3. Acquisition of software
3.1 You may obtain the Software directly from the Company's website or from a third party authorized by the Company. 3.2 If you obtain the Software or the installer with the same name as the Software from a third party not authorized by the Company, the Company cannot guarantee that the Software can be used normally and shall not be liable for any losses caused to you.
4. Installation and uninstallation of software
4.1 The Company may have developed different software versions for different terminal devices, and you should choose to download the appropriate version for installation according to the actual situation.
4.2 After downloading the installer, you need to follow the steps prompted by the program to install it properly.
4.3 In order to provide better and safer services, the Company may recommend you to install other software when installing the software, and you can choose to install it or not.
4.4 If you no longer need to use the Software or need to install a new version of the Software, you can uninstall it by yourself. If you would like to help us improve our products and services, please let us know the reason for uninstalling.
5. Software Updates
5.1 In order to improve the user experience and improve the service content, the Company will continuously strive to develop new services and provide you with software updates from time to time (these updates may take the form of software replacement, modification, function enhancement, version upgrade, etc.).
5.2 In order to ensure the security and consistency of the functions of the Software and Services, the Company has the right to update the Software without pre-notice to you, or to change or limit some functions of the Software.
5.3 After the release of a new version of the Software, the old version of the Software may not be available. The company does not guarantee that the old version of the software will continue to be available and the corresponding customer service, please check and download the latest version at any time.
6. Protection of users' personal information
6.1 The protection of the User's personal information is a fundamental principle of the Company, and the Company will take reasonable measures to protect the User's personal information. Except as provided by laws and regulations, the Company will not disclose or disclose the user's personal information to a third party without the user's permission. The Company adopts professional encrypted storage and transmission methods for relevant information to ensure the security of users' personal information.
6.2 In the process of registering an account or using this service, you need to provide some necessary information, such as filling in your email address in order to provide you with account registration services or user identification. If there are special provisions in national laws, regulations or policies, you need to provide real identity information. If the information you provide is incomplete, you will not be able to use the Service or may be restricted from using it.
6.3 Under normal circumstances, you can browse and modify the information submitted by you at any time, but for the sake of security and identification, you may not be able to modify the initial registration information and other verification information provided during registration.
6.4 The Company will use various security technologies and procedures to establish a sound management system to protect your personal information from unauthorized access, use or disclosure.
6.5 Without your consent, the Company will not disclose your personal information to any company, organization or individual other than the Company, except as otherwise provided by laws and regulations.
6.6 The Company attaches great importance to the protection of minors' personal information. If you are a minor under the age of 18, you should obtain the written consent of your parent or legal guardian before using our services.
7. Main Rights and Obligations Clause
7.1 Account Usage Specifications
7.1.1 You need to register a EVER-YOUNG Smart Home account before using this service. EVER-YOUNG Smart Home account can be registered by including but not limited to email address, etc.
7.1.2 The ownership of the EVER-YOUNG Smart Home account belongs to the company, and after the user completes the application and registration procedures, he only obtains the right to use the account, and the right to use only belongs to the initial applicant registrant. At the same time, the initial applicant registrant shall not donate, borrow, lease, transfer or sell the EVER-YOUNG Smart Home account or otherwise permit the non-initial applicant registrant to use the EVER-YOUNG Smart Home account. Non-initial registrants are not allowed to use the EVER-YOUNG Smart Home account through donation, inheritance, lease, transfer or any other means.
7.1.3 The user is responsible for keeping the security of the registered account information and account password, and the user needs to bear legal responsibility for the registered account account and the behavior under the password. The user agrees not to disclose the account and password information to others under any circumstances. If you suspect that someone else is using your account, you should notify the Company immediately.
7.1.4 You should understand that the Software can only be used for non-commercial purposes, and cannot be installed or used for commercial purposes. If it is required to proceed, written authorization and permission must be obtained from EVER-YOUNG in advance.
7.1.5 EVER-YOUNG will continue to change, upgrade or transfer the software and related functions, and may add new functions and services to the software. If there is no independent agreement for the above-mentioned new functions and services, this Agreement shall apply after you have approved and obtained the authorization of the corresponding functions and services.
7.2 Notice to Users
7.2.1 You understand and agree that in order to provide you with effective services, the Software will use resources such as the processor and network bandwidth of your terminal equipment. Internet data traffic fees may be incurred during the use of this software, and users need to obtain relevant tariff information from local operators and bear the relevant costs.
7.2.2 When you use a specific service of the Software, the service may have a separate agreement, related business rules, etc. (hereinafter collectively referred to as the "Separate Agreement"), and you should read and agree to the relevant Separate Agreement before using the Service.
7.2.3 You understand and agree that the Company will use its commercially reasonable efforts to ensure the security of your data storage in the Software and Services, but the Company cannot provide complete guarantees in this regard, including but not limited to the following:
7.2.3.1 You shall be responsible for the accuracy, completeness and legality of the input data, and regularly back up the data and materials. The Company shall not be liable for the deletion or storage failure of your relevant information in the Software and Services;
7.2.3.2 The Company has the right to determine the maximum storage period of a single user's data in the Software and Services according to the actual situation, and allocate the maximum storage space for the data on the server. You can back up the relevant information in the Software and Services according to your own needs;
7.2.3.3 If you stop using the Software and Services or the Services are terminated or cancelled, the Company may permanently delete your data from the server. After the service is stopped, terminated or cancelled, the Company is not obligated to return any information to you.
7.2.4 When using the Software and Services, the User shall bear the following risks beyond the control of the Company, including but not limited to:
7.2.4.1 Risks such as loss or leakage of personal information that may be caused by force majeure factors;
7.2.4.2 The user must select the software version that matches the installed terminal device, otherwise, any problems or damages caused by the software not matching the terminal device model shall be borne by the user;
7.2.4.3 When the user uses the software to access the third-party website, the user shall bear the risks that may be caused by the third-party website and related content;
7.2.4.4 You should keep your account and password properly, and if you find that your account has security risks (including but not limited to password leakage), you should change your account password in time and notify EVER-YOUNG in time, and EVER-YOUNG will assist you in taking relevant measures. Otherwise, you are responsible for all actions under your account, and you will bear all responsibilities.
8. User Code of Conduct
8.1 Software Usage Specifications
8.1.1 Unless permitted by law or permitted by the Company in writing, you shall not engage in any of the following acts in the course of using the Software:
8.1.1.1 Delete the copyright information on the Software and its copies;
8.1.1.2 reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code of the Software; 8.1.1.3 Using, renting, lending, copying, modifying, linking, reprinting, compiling, publishing, publishing, and establishing mirror websites of the content for which the Company has intellectual property rights;
8.1.1.4 Copy, modify, add, delete, hook up or create any derivative works of the Software or the data released into the memory of any terminal during the operation of the Software, the interaction data between the client and the server during the operation of the Software, and the system data necessary for the operation of the Software, including but not limited to using plug-ins, plug-ins or third-party tools and services not authorized by the Company to access the Software and related systems;
8.1.1.5 Adding, deleting, or changing the functions or operating effects of the software by modifying or forging the instructions and data in the operation of the software, or operating or disseminating the software and methods used for the above purposes to the public, regardless of whether these behaviors are for commercial purposes;
8.1.1.6 Log in or use the Company's software and services, or produce, publish and disseminate the above-mentioned tools through third-party software, plug-ins, plug-ins system, or systems not developed or authorized by the Company; 8.1.1.7 Interfere with the Software and its components, modules and materials by yourself or by authorizing others or third-party software;
8.1.1.8 Use the Software for smart devices and peripheral products not authorized by the Company by modifying the Software or by means thereof;
8.1.1.9 Maliciously apply the Product in an automated manner, overburdening the product or service or otherwise interfering with or damaging the server or network connection;
8.1.1.10 Other acts not expressly authorized by the Company.
8.2 Service Operation Specifications Unless permitted by law or permitted by the Company in writing, you shall not engage in any of the following acts in the course of using the Service:
8.2.1 Use the EVER-YOUNG Smart Home account or the software and services to engage in any illegal and criminal activities;
8.2.2 Making, publishing, or operating or disseminating methods and tools related to the above behaviors, regardless of whether these behaviors are for commercial purposes;
8.2.3 Other behaviors that violate laws and regulations, infringe upon the legitimate rights and interests of other users, interfere with the normal operation of the product, or are not expressly authorized by the Company.
8.3 Be responsible for your own actions
You fully understand and agree that you must be responsible for all actions under your registered account, including any content you publish and any consequences arising therefrom. You shall make your own judgment on the content of the Service and bear all risks arising from the use of the content, including the risks arising from reliance on the correctness, completeness or practicability of the content. The Company cannot and will not be liable for any loss or damage resulting from the foregoing risks.
8.4 Handling of Breach of Agreement
8.4.1 If you have any violation of this Agreement, EVER-YOUNG has the right to unilaterally take measures such as restricting, suspending or terminating the provision of services to you at any time according to your violation, and has the right to hold you accountable.
8.4.2 If the Company discovers or receives reports or complaints from others that the User has violated the provisions of this Agreement, the Company has the right to delete or block the relevant content at any time without notice, and impose penalties on the violating account including but not limited to warning, restriction or prohibition of using part or all of the functions, account ban or even cancellation, and announce the result.
8.4.3 You understand and agree that the Company has the right to impose penalties on violations of relevant laws and regulations or the provisions of this Agreement based on reasonable judgment, take appropriate legal action against any user who violates laws and regulations, and keep relevant information and report to relevant departments in accordance with laws and regulations, and the user shall bear all legal liabilities arising therefrom.
8.4.4 You understand and agree that you shall be solely liable for any claims, demands or losses claimed by a third party arising from or arising from your violation of the provisions of this Agreement or the relevant terms of service; If the company suffers losses as a result, you shall also compensate for it.
9. Intellectual Property Rights Statement
9.1 The Company is the owner of the intellectual property rights of the Software. All copyrights, trademarks, patents, trade secrets and other intellectual property rights of the Software, as well as all information related to the Software (including but not limited to text, pictures, audio, video, charts, interface design, layout framework, related materials or electronic documents, etc.) are protected by the laws and regulations of the Republic of China and corresponding international treaties, and the Company enjoys the above-mentioned intellectual property rights, except for the rights that the relevant right holders shall enjoy in accordance with the law.
9.2 Without the written consent of the Company or the relevant right holders, you shall not implement, exploit or transfer the above-mentioned intellectual property rights for any commercial or non-commercial purpose or permit any third party.
10. Terminal Security Responsibility
10.1 You understand and agree that the Software, like most Internet software, may be affected by a variety of factors, including but not limited to user reasons, network service quality, social environment, etc.; It may also be subject to various security issues, including but not limited to the illegal use of user information by others to harass in reality; Other software downloaded and installed by the user or other websites visited by the user may contain viruses, Trojan horses or other malicious programs, which threaten the information and data security of your terminal device, and then affect the normal use of the software. Therefore, you should strengthen your awareness of information security and personal information protection, and pay attention to password protection to avoid losses.
10.2 You shall not create, publish, use or disseminate malicious programs that are used to steal your account or other people's personal information and property.
10.3 It is the joint responsibility of the Company and you to maintain the security and normal use of the software, and the Company will take necessary technical measures to protect the security of your terminal equipment information and data reasonably and prudently in accordance with industry standards, but you acknowledge and agree that the Company cannot provide a complete guarantee in this regard.
11. Third-Party Software or Technology
11.1 The Software may use third-party software or technology (including the open source code and public domain domain code that may be used in the Software, the same below), and such use has been legally authorized.
11.2 If the Software uses third-party software or technology, the Company will, in accordance with relevant laws or regulations, display the relevant agreements or other files in the annex to this Agreement, in a specific folder of the Software installation package, or through the open source software page, etc., which may be expressed in the form of "Software License Agreement", "Authorization Agreement", "Open Source Code License" or other forms. The aforesaid relevant agreements, other files and web pages displayed in various forms are an integral part of this Agreement and have the same legal effect as this Agreement, and you shall comply with these requirements. If you fail to comply with these requirements, the third party or state authorities may file a lawsuit, impose a fine or take other sanctions against you, and require the Company to provide assistance, and you shall bear your own legal responsibility.
11.3 Any dispute arising from the third-party software or technology used in the Software shall be resolved by the third party, and the Company shall not be liable for any disputes.
11.4 EVER-YOUNG does not control and is not responsible for third-party information and services. At the same time, you should also understand that EVER-YOUNG cannot guarantee that the third party will permanently authorize and continue the services of the relevant parties, and the services may be provided by other third parties with similar services, and once the above services are activated, the same applies to these terms.
12. Miscellaneous
12.1 By using the Software, you are deemed to have read and agreed to be bound by this Agreement. The Company has the right to modify the terms of this Agreement when necessary, and the amended Agreement and rules will automatically become a part of this Agreement once they are published, without further notice to you. If you do not agree to the relevant changes, please stop using EVER-YOUNG software and services immediately. If you continue to use it, you will be deemed to have no objection to the revised rules and agree to abide by them.
12.2 This Agreement is signed in Taichung City.
12.3 The establishment, effectiveness, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of the Republic of China.
12.4 If any dispute or controversy arises between you and EVER-YOUNG, it shall first be settled through friendly negotiation; If the negotiation fails, you agree to submit the dispute or controversy to the jurisdiction of the Taichung City District Court.
12.5 The headings of all clauses of this Agreement are for convenience only and have no actual meaning, and cannot be used as the basis for the interpretation of the meaning of this Agreement.
12.7 If any provision of this Agreement is partially invalid or unenforceable for any reason, the remaining provisions shall remain valid and binding on both parties.
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Ever-young Technology Co., Ltd.