[important notes]
[Guangzhou QianguiIOT Technology Co., Ltd.] (hereinafter referred to as “X Smart Home”) hereby reminds users to carefully read and fully understand this software license and service agreement (hereinafter referred to as “this Agreement”).The user shall carefully read and fully understand the terms of this agreement, especially those related to the exemption or limitation of X Smart Home liability, dispute resolution and the application of law.The terms of exemption or limitation of liability will be marked in bold, which you need to read.Please carefully read and choose to accept or not accept this Agreement (minors should be accompanied by legal guardians).Your downloading, installation, use of the software, account acquisition and login will be deemed as your acceptance of this Agreement and agree to be bound by the terms of this agreement.
X Smart Home has the right to amend this agreement. The updated terms of the agreement will be published on the official website or software and will take effect from the date of publication.Users can download and install the software again or check the latest version of the agreement terms on the website.After X Smart Home modifies the terms of this agreement, if the user does not accept the modified terms, please immediately stop using the “X Smart Home” software and services provided by X Smart Home. If the user continues to use the “X Smart Home” software and services provided by X Smart Home, it will be deemed that he has accepted the modified agreement.
Ⅰ. General
1.1. This agreement is an agreement between you (hereinafter referred to as the “user”) and X Smart Home and its operation cooperation unit (hereinafter referred to as the “cooperation unit”) on the user’s downloading, installation and use of X Smart Home “X Smart Home” software (hereinafter referred to as the “software”) and the use of X Smart Home related services.
1.2. This software and service is the software and service provided by X Smart Home and installed on mobile intelligent terminal equipment, including but not limited to, providing binding, operating intelligent products and other services for users using the intelligent terminal.
1.3. The ownership and operation right of the software and services belong to X Smart Home.
Ⅱ. Scope of software authorization
2.1. X Smart Home gives users a personal, non transferable, non sublicensable and non exclusive license for this software.
2.2. Users 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 and run the software for commercial operation purposes, and shall not copy, change, modify, connect and run the software or the data released to the memory of any terminal equipment during the operation of the software and the interactive data between the client and the server during the operation of the software, or create any derivative works, including but not limited to the use of plug-insPlug in or unauthorized third-party tools / services access the software and related systems.If it is necessary to sell, copy and distribute commercially, such as software pre installation and binding, it must obtain the written authorization and license of X Smart Home.
2.3. The user shall not install the software on other terminal equipment without the express permission of X Smart Home, including but not limited to set-top box, game console, TV, DVD player, etc.
2.4. Users can copy a copy of the software for the purpose of using the software and services, and only use it as a backup.The backup copy must contain all copyright information contained in the original software.
2.5. In addition to the express authorization in this agreement, X Smart Home does not authorize users with other rights. If users use other rights, they must obtain the written consent of X Smart Home.
Ⅲ. Acquisition, installation and upgrade of software
3.1. Users shall download and install the software product according to the designated website or method of X Smart Home.Beware of downloading the software on non designated websites to prevent the mobile terminal device from infecting malicious programs that can destroy user data and obtain user privacy information.If the user has not obtained the software or the installation program with the same name as the software from a third party authorized by X Smart Home, X Smart Home cannot guarantee the normal use of the software, and will not be responsible for the losses caused to you.
3.2. The user must select the software version matching the installed terminal equipment, otherwise, any software problems, equipment problems or damage caused by the mismatch between the software and the equipment model shall be borne by the user.
3.3. In order to improve the user experience and service content, X Smart Home has the right to provide you with replacement, modification and upgrade versions of the software from time to time, and also has the right to charge fees for replacement, modification or upgrade, but the fees will be approved by you in advance.The software enables the “upgrade prompt” function for users by default. Depending on the software version used by users, X Smart Home provides users with the option of whether to enable this function.After the release of the new version of the software, X Smart Home does not guarantee the continued availability of the old version of the software.
Ⅳ. Usage specification
4.1. On the premise of abiding by laws and this agreement, the user can use the software and services in accordance with this agreement. The user shall not perform the following acts:
• 4.1.1. Delete all information about copyright on the software and other copies, and modify, delete or avoid the technical measures set up by the software to protect intellectual property rights;
• 4.1.2. Reverse engineering the software, such as disassembly, decompilation or other attempts to obtain the source code of the software;
• 4.1.3. Add, delete or change the function or operation effect of the software by modifying or forging the instructions and data in the operation of the software, or operate the software and methods used for the above purposes or disseminate them to the public, whether these acts are for commercial purposes or not;
• 4.1.4. Use the software to commit any behavior endangering network security, including but not limited to: using unlicensed data or entering unlicensed server / account;Enter the public network or other people’s operating system without permission and delete, modify or add stored information;Attempt to detect, scan and test the weakness of the system or network of the software or other acts that undermine network security without permission;Attempt to interfere with and destroy the normal operation of the software system or website, deliberately spread malicious programs or viruses, and other acts that destroy and interfere with normal network information services;Forging TCP / IP packet name or partial name;
• 4.1.5. The user logs in or uses the software and services through a third-party compatible software or system not developed, authorized or approved by X Smart Home company, or makes, publishes and disseminates the above tools;
• 4.1.6. Without the written consent of X Smart Home, the user carries out the software and its information without authorization, including but not limited to the following acts: use, rent, lend, copy, modify, link, reprint, compile, publish, publish, establish a mirror site, and develop relevant derivative products, works, services, plug-ins, plug-ins, compatibility, interconnection, etc. with the help of the software without authorization;
• 4.1.7. Use this software to publish, transmit, disseminate and store content that violates local laws and regulations;
• 4.1.8. Use this software to publish, transmit, disseminate and store contents that infringe upon other people’s intellectual property rights, trade secrets and other legitimate rights;
• 4.1.9. Use this software to publish, transmit and disseminate advertising information and garbage information in batches;
• 4.1.10. Use the software and other services provided by X Smart Home in any illegal way, for any illegal purpose, or in any way inconsistent with the licensed use of this Agreement;
4.2. Information Release Specification
• 4.2.1. You can use this software to publish your original views, data, text, information, user name, pictures, photos, personal information, audio, video files, links and other information content.You must guarantee that you own the intellectual property rights of the information you upload or have obtained legal authorization, and any behavior you use this software and services does not infringe the legitimate rights and interests of any third party.
• 4.2.2. You shall comply with local laws and regulations when using the software.
4.2.3. when using the software, you shall not use the software to engage in the following acts, including but not limited to:
4.2.3.1.Making, copying, publishing, disseminating and storing contents that violate local laws and regulations;
4.2.3.2.Publishing, transmitting, disseminating and storing contents that infringe upon the legitimate rights of others such as reputation right, portrait right, intellectual property right and trade secret;
4.2.3.3.Making up facts and concealing the truth to mislead and deceive others;
4.2.3.4.Publish, transmit and disseminate advertising information and garbage information;
4.2.3.5.Engage in other acts in violation of local laws and regulations.
4.2.4. Without the permission of X Smart Home, you shall not carry out any commercial activities such as advertising and selling goods in this software.
4.3.You understand and agree that:
• 4.3.1. X Smart Home will determine whether the user is suspected of violating the above use specifications, and suspend or terminate your use license or take other restrictive measures in accordance with this agreement according to the determination results;
• 4.3.2. X Smart Home will directly delete the information released by the user when using the licensed software that is suspected of breaking the law or infringing the legitimate rights of others or violating this Agreement;
• 4.3.3. If the user’s violation of the above use specifications causes damage to a third party, you need to bear the legal liability independently in your own name, and ensure that X Smart Home is free from losses or increased expenses;
• 4.3.4. If the user violates relevant laws and regulations or agreements, resulting in losses to X Smart Home, claims from a third party, or penalties from administrative authorities, the user shall compensate X Smart Home for the losses and / or expenses incurred, including reasonable attorney fees and investigation and evidence collection expenses.
Ⅴ. Service risk and Disclaimer
5.1. Users must equip their own mobile terminal equipment to access the Internet and use the equipment required for telecom value-added services, and bear the communication fees, information fees and other related fees collected by personal mobile terminal equipment or third parties (including but not limited to telecom or mobile communication providers).If telecom value-added services are involved, we suggest you confirm the relevant fees with your telecom value-added service provider.
5.2. X Smart Home and cooperative units shall not be liable for all losses suffered by users due to third parties, such as communication line failure, technical problems, network, mobile terminal equipment failure, system instability and other force majeure reasons.
5.3. Like most Internet software, this software is affected by factors including but not limited to user reasons, network service quality, social environment and so on, and may be invaded by various security problems, such as harassment in real life caused by others using user data;Other software downloaded and installed by users or other websites visited by users contain viruses such as “Trojan horse”, which threaten the security of user’s terminal equipment information and data, and then affect the normal use of the software.Users should strengthen the awareness of information security and user data protection, and pay attention to strengthening password protection to avoid loss and harassment.
5.4. When users use the software or require X Smart Home to provide specific services, the software may call a third-party system or third-party software to support users’ use or access, and the results of use or access are provided by the third party. X Smart Home does not guarantee the security, accuracy and reliability of the results supported by the third-party system or third-party softwareValidity and other uncertain risks. X Smart Home will not bear any responsibility for any dispute and damage arising therefrom.
5.5. X Smart Home specially reminds users that in order to ensure the autonomy of the company’s business development and adjustment, X Smart Home company has the right to modify or interrupt the service at any time without notifying users. X Smart Home is not responsible to users or any third party for exercising the right to modify or interrupt the service.
5.6. Unless otherwise specified by laws and regulations, we will try our best to ensure that the software and the technology and information involved are safe, effective, accurate and reliable. However, limited by the existing technology, users understand that X Smart Home cannot guarantee this.
5.7. Personal injury or incidental and indirect economic damages caused by or related to the user due to any of the following circumstances, including but not limited to compensation for loss of profits, loss of data, business interruption or other business damages or losses, shall be borne by the user:
• 5.7.1.Use or failure to use the licensed software;
• 5.7.2.Unauthorized use of software or change of user’s data by a third party;
• 5.7.3.Expenses and losses arising from the user’s behavior using the software;
• 5.7.4.User’s misunderstanding of the software;
• 5.7.5.Other losses related to software not caused by X Smart Home.
5.8. Any personal or economic injury or loss caused or likely to be caused by your misleading or deception shall be borne by the fault party according to law.
Ⅵ. Intellectual property declaration
6.1. X Smart Home is the intellectual property owner of the software.All copyrights, trademarks, patents, trade secrets and other intellectual property rights of the software, as well as all information content related to the software (including but not limited to words, pictures, audio, video, charts, interface design, layout framework, relevant data or electronic documents, etc.) are protected by your local laws and regulations and corresponding international treaties,X Smart Home enjoys the above intellectual property rights.
6.2 Without the written consent of X Smart Home, the user shall not implement, utilize or transfer the above intellectual property rights for any commercial or non-commercial purpose by himself or by licensing any third party. X Smart Home reserves the right to investigate the legal liability for the above acts.
Ⅶ. Change of agreement
7.1. X Smart Home has the right to modify the terms of this agreement when necessary. Once the terms of the agreement are changed, the modified terms of the agreement will be published on the relevant pages.If you do not agree with the changed content, the user should take the initiative to cancel the service.If the user continues to use the service, it is deemed to accept the change of the terms of the agreement.
7.2. X Smart Home and the cooperative company have the right to modify or change the charging services, charging standards, charging methods, service fees and service terms as needed.When X Smart Home provides services, it may start to charge certain fees for users of some services now or in the future. If users refuse to pay such fees, they cannot continue to use relevant services after the charging starts.X Smart Home and the cooperative company will try their best to notify users of relevant modifications or changes by email or other means.
Ⅷ. Applicable law and dispute resolution
8.1. The validity and interpretation of the terms of this Agreement shall be governed by the laws of the mainland of the people’s Republic of China.If there are no relevant laws, international business practices and / or business practices shall be used by reference.
8.2. This agreement is signed in Haidian District, Beijing.
8.3. The user and X Smart Home agree that all disputes arising from this service shall be settled by both parties through negotiation. If the negotiation fails, either party can submit to the court with jurisdiction in the place where this agreement is signed for litigation.
Ⅸ. Other
9.1. When users use a specific service of the software, the service may have separate agreements and relevant business rules (hereinafter collectively referred to as “separate agreements”). Please read and agree to the relevant separate agreements before using the service.
9.2. This agreement takes effect on March 13, 2018.
9.3. The headings of all clauses in this Agreement are for convenience of reading only and have no actual meaning in themselves, which cannot be used as the basis for the interpretation of the meaning of this agreement.
9.4. No matter what reason, some provisions of this Agreement are invalid or unenforceable, the remaining provisions shall remain valid and binding on both parties.
X Smart Home