LaxasFit User Agreement
Update Date: April 14, 2022
Shenzhen United Power Technology Co., Ltd. (hereinafter referred to as "we") hereby specifically reminds users to carefully read and fully understand this "User Agreement" (hereinafter referred to as "this Agreement"). Users should carefully read and fully understand the terms of this agreement. Please read carefully and choose to accept or not accept this agreement (minors should read it with the legal guardian). Your use of the LaxasFit APP will be deemed to be your acceptance of this agreement, and you agree to be bound by the terms of this agreement. If you do not agree to this agreement, please do not use LaxasFit APP. We have the right to amend this agreement, and the updated terms of the agreement will be published in the LaxasFit APP, effective from the date of publication.
1. General Provisions
1.1. LaxasFit APP is the software we provide to connect to smart wearable devices. It is an application that integrates the exercise data and health services of the wearable device. The ownership and operation rights of this software and services belong to us.
1.2. This agreement is about the use of LaxasFit APP (hereinafter referred to as "the software") and use between you (hereinafter also referred to as "user") and us and our affiliates and operating cooperation units (hereinafter referred to as "cooperative units") Other agreements entered into by our related services.
1.3. The software and services include:
1.3.1. The software and services provided are used for smart wearable devices, and provide data services such as device connection and binding, function setting management, and sports health for users who use the smart device, specifically the services actually provided by the LaxasFit APP Prevail.
1.3.2. Update or upgrade of the aforesaid software.
1.4. Users must understand that we only provide users with this software and related services, in addition to the costs required for equipment related to this software and services (such as the software terminal fees, Internet access fees paid for access to the Internet) All should be borne by the user. At the same time, the user will consume the user's equipment, bandwidth, traffic and other resources when using the software client and related services.
2. Scope of Software Licensing
2.1. We give users a personal, non-transferable, non-sublicensable and non-exclusive license for this software.
2.2. Users can install, use, display, and run this software on our equipment for non-commercial purposes. However, users are not allowed to install, use, or run the software for commercial operation purposes, and cannot copy or copy the software or the data released into the memory of any terminal device during the operation of the software, and the interactive data between the client and the server during the operation of the software. Change, modify, link to run or create any derivative works, including but not limited to the use of plug-ins, plug-ins or non-authorized third-party tools/services to access the software and related systems. If you need to carry out commercial sales, copying and distribution, such as software pre-installation and bundling, you must obtain our written authorization and permission.
2.3. The user shall not install this software on other terminal devices without our express permission without our permission.
2.4. The user may make a copy of the software for the purpose of using the software and services, only as a backup. The backup copy must contain all copyright information contained in the original software.
2.5. Except for the express authorization of this "Agreement", we do not authorize users to other rights. If users use other rights, they must obtain our written consent.
3. Software Upgrade
3.1. In order to improve user experience and service content, we have the right to provide you with replacement, modification, and upgrade versions of this software from time to time. This software opens the "upgrade prompt" function for users by default. After the new version of the software is released, we do not guarantee the continued availability of the old version of the software.
4. Use Specifications
4.1. The user can use the software and services in accordance with this agreement under the premise of abiding by the law and this agreement, and the user shall not perform the following actions:
4.1.1. Delete all copyright information on this software and other copies, as well as modify, delete or avoid technical measures set by this 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. By modifying or forging the instructions and data in the operation of the software, adding, deleting, changing the functions or operating effects of the software, or operating or disseminating the software and methods used for the above-mentioned purposes to the public, regardless of whether these acts For commercial purposes.
4.1.4. Use this software to conduct any behavior that endangers network security, including but not limited to: using unauthorized data or accessing unauthorized servers/accounts; accessing public networks or other people’s operating systems without permission and deleting or modifying them , Increase the storage of information; attempt to detect, scan, test the weakness of the software's system or network without permission, or perform other behaviors that undermine network security; attempt to interfere or disrupt the normal operation of the software system or website, and deliberately spread malicious programs or viruses And other behaviors that disrupt and interfere with normal network information services; forge TCP/IP packet names or part of the names.
4.1.5. Users log in or use the software and services through third-party compatible software or systems that are not developed, authorized or approved by us, or make, publish, or disseminate the above tools.
4.1.6. Without our written consent, the user's unauthorized implementation of the software and the information in it includes but not limited to the following actions: use, rent, lend, copy, modify, link, reprint, compile, publish, publish, establish mirror sites, Unauthorized use of this software to develop related derivative products, works, services, plug-ins, plug-ins, compatibility, interconnection, etc.
4.1.7. Use this software to publish, transmit, disseminate, and store content that violates your local laws.
4.1.8. Use this software to publish, transmit, disseminate, and store content that infringes on others' intellectual property rights, trade secrets, and other legal rights.
4.1.9. Use this software to publish, transmit, and disseminate advertising information and spam in batches.
4.1.10. Other use of this software and other services provided by us in any illegal way, for any illegal purpose, or in any way that is inconsistent with the use permitted by this agreement.
4.2. Information release specifications
4.2.1. You can use the software to publish the content of the information you should ensure that you own the intellectual property rights of the information content you upload or have obtained legal authorization, and that your use of the software and services does not infringe the legitimate rights and interests of any third party.
4.2.2. The user shall not use the software to engage in the following behaviors when using the software, including but not limited to:
4.2.2.1. Make, copy, publish, disseminate, and store content that violates local national laws and regulations.
4.2.2.2. Publish, transmit, disseminate, and store content that infringes upon the legal rights of others' reputation rights, portrait rights, intellectual property rights, and trade secrets.
4.2.2.3. Fabricate facts and conceal the truth to mislead or deceive others.
4.2.2.4. Publish, transmit, and disseminate advertising information and spam.
4.2.2.5. Engage in other acts that violate local laws and regulations.
4.2.3. Without our permission, you are not allowed to conduct any commercial activities such as advertising and selling products in this software.
4.3 The user understands and agrees:
4.3.1. We will determine whether the user is suspected of violating the above-mentioned usage specifications, and suspend or terminate the license to you or take other restrictive measures that can be taken in accordance with this agreement based on the determination result.
4.3.2. We will directly delete the information that is suspected of violating the law or suspected of infringing on the legal rights of others or violating this agreement when the user uses the licensed software.
4.3.3. If the user's violation of the above rules of use causes damage to a third party, you need to independently assume legal responsibility in your own name, and you should ensure that we are free from losses or increased costs due to this.
4.3.4. If the user violates the relevant laws or the agreement and causes us to suffer losses, or is subject to a third-party claim, or is punished by the administrative authority, the user shall compensate us for the losses and/or expenses incurred thereby, Including reasonable attorney fees, investigation and evidence collection fees.
5. Descriptions of Third-party Services
5.1. The user understands and agrees that this software system may include services provided by our affiliates or third parties, and we only provide relevant functional modules in the system for user convenience and provide access to third-party services.
5.2. Regardless of whether the third-party service is pre-installed in the software system service or is opened or ordered by the user by the user, the user understands and agrees that we will not be responsible for the legality and validity of the third-party service provider or user’s behavior, and the third-party service Any express or implied guarantee or guarantee for the legality, accuracy, validity, and safety of the company.
5.3. We do not monitor third-party services, do not have any control over them, and do not provide any form of guarantee or guarantee for third-party services, let alone assume any responsibility.
5.4. Any disputes or disputes between the user and the third-party service provider shall be settled by the user and the party in accordance with the third-party service provider’s business processes and business specifications. We do not assume any responsibility.
6. Liability for Breach
6.1. We have the right to judge whether the user’s behavior complies with the provisions of this agreement. If we believe that the user violates the relevant laws and regulations or the provisions of this agreement or related rules, we have the right to delete the illegal information, Restrict, suspend, terminate the user's use of this software service, pursue the user's legal responsibility, and other handling measures that we deem appropriate. If we suffer any losses (including but not limited to receiving any third-party claims or any administrative penalties), the user shall bear full responsibility.
7. Service Risks and Disclaimer
7.1. We provide service support with current technology. We do not guarantee that the software service will not be interrupted or error-free in operation, that all defects of the software service will be corrected, or that the software service can meet all the requirements of the user. We will not bear any responsibility for the consequences arising therefrom.
7.2. We are not responsible for all losses suffered by users due to third parties such as communication line failures, technical problems, network, computer terminal equipment failures, system instability and various other force majeure reasons.
7.3. We do not guarantee the legality, authenticity, accuracy, and validity of the information content (including but not limited to the content of the third-party service called) obtained through this software, and we will not take any actions based on the query and view of the user. Take any responsibility for the result.
7.4. This software, like most Internet software, is affected by differences in factors including but not limited to user reasons, network service quality, social environment, etc., and may be harassed by various security issues, such as the use of user data by others to cause real life The harassment in the software; other software downloaded and installed by the user or other websites visited contain viruses such as "Trojan horses", which threaten the security of the user's terminal device information and data, and then affect the normal use of the software, etc. Users should strengthen the awareness of information security and user data protection, and should pay attention to strengthening password protection to avoid loss and harassment.
7.5. When the user uses the software or asks us to provide specific services, the software may call a third-party system or third-party software to support the user's use or access. The results of the use or access are provided by the third party, and the user shall abide by this agreement. In addition to relevant rules, third-party agreements and relevant rules should also be observed. Users must understand and agree that when using third-party services, third parties may read user data, and we do not guarantee the safety, accuracy, validity and other aspects of the results achieved through third-party systems or third-party software support For uncertain risks, users should judge carefully, and we will not bear any responsibility for any disputes and damages caused by this.
7.6. We especially remind users that in order to protect the autonomy of the company's business development and adjustment, we can modify or interrupt the service at any time after notifying the user in a reasonable way.
7.7. Except as clearly provided by laws and regulations, we will do our best to ensure that the software and the technology and information involved are safe, effective, accurate, and reliable. However, due to the limitations of existing technology, users understand that we cannot guarantee this.
7.8. Compensation for personal injury or incidental or indirect economic damage caused by or related to any of the following circumstances, including but not limited to damages for loss of profits, data loss, business interruption, or other commercial damages or The loss shall be borne by the user:
(1) Use or failure to use licensed software.
(2) The third party uses the software or changes the user's data without permission.
(3) Expenses and losses incurred by users using the software.
(4) The user's misunderstanding of the software.
(5) Other losses related to the software that are not caused by us.
7.9. The user agrees that we have the right to suspend, suspend or terminate the provision of all or part of this service to users based on the requirements of judicial, regulatory, and supervisory agencies or our own business reasons. We do not take any responsibility for this.
7.10. The user understands and agrees that we will use our commercially reasonable efforts to ensure the security of the user’s data storage in the software and services, but we cannot provide a complete guarantee. The user must understand that we will not delete or delete the data in the service. Responsible for storage or backup failure.
8. Statements on Intellectual Property Rights
8.1. We are the owner of the intellectual property rights of this software. All copyrights, trademark rights, patent rights, trade secrets and other intellectual property rights of this software, as well as all information content related to this software (including but not limited to text, pictures, audio, video, graphics, interface design, layout framework, related data Or electronic documents, etc.) are protected by local laws and regulations and corresponding international treaties, and we enjoy the above intellectual property rights.
8.2. Without our written consent, users shall not implement, use, or transfer the above intellectual property rights for any commercial or non-commercial purposes by themselves or by any third party. We reserve the right to pursue legal responsibility for the above actions.
9. Terms of Use for Minors
9.1. If the User is a minor aged below 18, he/she shall read the Agreement and use the Software and relevant services as guarded, guided and approved by the guardian thereof.
9.2. Special prompts for minor user:
9.2.1. An adolescent shall use services under the supervision and guidance of his/her guardian, correctly use network within a reasonable scope, avoid indulging in virtual cyberspace, and develop good online habits.
9.2.2. An adolescent shall comply with the National Internet Civilization Convention for Teenagers:
(1) Be good at online learning, and do not browse harmful information;
(2) (2) Communicate in an honest and friendly way, and do not insult or cheat others;
(3) Increase the awareness of self-protection, and do not physically meet with internet users without exercising due caution;
(4) Maintain the security of the internet, and do not undermine the order of the internet;
(5) Pay attention to physical and mental health, and do not indulge in virtual reality.
10. Alteration
10.1. We have the right to modify the terms of this agreement when necessary. Once the terms of the agreement are changed, the revised terms of the agreement will be published on the relevant page. If you do not agree with the changed content, the user should take the initiative to cancel this service. If the user continues to use the service, it is deemed to have accepted the changes to the terms of the agreement.
10.2. We have the right to modify or change the charging services, charging standards, charging methods, service fees and terms of service provided as needed. When we provide services, we may start to charge certain fees to users of some services now or in the future. If users refuse to pay such fees, they cannot continue to use related services after the charging starts.
11. Applicable Laws and Settlement of Disputes
11.1. The validity and interpretation of the terms of this agreement are applicable to the laws of the mainland of the People's Republic of China. If there are no relevant laws and regulations, international business practices and/or business practices shall be used by reference.
11.2. The place where this agreement is signed is Bao'an District, Shenzhen, Guangdong Province.
11.3. The user and we agree that all disputes arising from this service should be resolved through consultation between the two parties. If the negotiation fails, either party can submit to the court of jurisdiction where this agreement is signed for settlement.
12. Miscellaneous
12.1. We notify users by e-mail or SMS or web announcements or in a manner we deem appropriate to inform users of changes to the terms of service, service changes and/or other important matters. After we send a message to the user through any of the above methods, if the user does not raise an objection in writing within 3 days, it is deemed to have accepted the content of the new message.
12.2. The Agreement is updated on August 23, 2021.
12.3. The headings of all the terms of this agreement are for reading convenience only. They have no actual meaning and cannot be used as the basis for interpretation of the meaning of this agreement.
12.4. No matter the terms of this agreement are partially invalid or unenforceable for any reason, the remaining terms are still valid and binding on both parties.