Date of issuing: July. 2nd, 2021
Welcome to iSmart Light App (hereinafter referred to as “this App”)! Please read this “User Service Agreement” and “Privacy Policy” carefully before the use. (Insert hyperlinks to corresponding contents)
Prior to accepting this “User Service Agreement” and using this App and relevant services, please ensure that you’ve carefully read and will abide by all contents of this Agreement, and have fully understood the terms and conditions herein, especially those underlined in bold, including without limitation to exemption or limitation of our liabilities, limitation of user’s rights, treatment for non-compliance of users, dispute resolution and applicable laws, etc.
If you’re under the age of 14, please carefully read this Agreement under the companion of your guardian, and use our product and services or provide information for us only with the consent of your guardian.
If you have any question on the terms hereof, please call Shenzhen Topband Software Technology Co., Ltd. (hereinafter referred to as “we”, “service provider” at [ 0755-27651888]for enquiry. Please do not continue any following operation unless you’ve read, perfectly understood and accept this Agreement. You’ll be deemed to have read and agreed to accept all terms and conditions hereunder so long as you select “I agree” and complete the registration process, or in any way use this service. In such case, you shall not claim that you’re not to be bound by this Agreement on the grounds of not reading this Agreement or not getting any reply from us to your question.
Please do not install, reproduce or use this App if you don’t agree the terms herein. In case of any non-compliance with this Agreement, we’re entitled to take measures to limit, suspend or terminate the provision of services for you unilaterally, and to require relevant liabilities to be assumed by you.
1.1 This App will provide you with management service of intelligent living equipment, by which you may control the intelligent terminals connected to a cloud platform, so as to achieve the linkage among intelligent equipment.
1.2 This App provides the services including intelligent equipment management, scene linkage and so on which might be varied depending on your needs, or optimized or modified by the service provider at its sole discretion, or suspended for a temporary time due to regular or irregular maintenance.
1.3 We attach high importance to the protection of your information safety, and are striving to protect your information from any unauthorized access, use or leakage, by taking such strict measures as research and development of multiple safety technologies and programs by a dedicated team. But please understand that due to the limitation and rapid development of technologies in Internet industry and various possible malicious attacks, we can’t eliminate all unsafe factors even if we do our best to strengthen security measures, and that the system and communication networks you use in our product and/or services are likely to suffer some safety problems due to other factors beyond our control.
1.4 You undertake not to take the following actions against us and this App:
1) Lease, lend, reproduce, modify, link to, reprint, compile, issue, publish and establish a mirror site with any content of us and this App with intellectual properties;
2) Reproduce, modify, add to, delete, hook up to, or create any derivatives with the data that we and this App have released to any terminal during the operation for storage, the interactive data between the terminal and the server in the course of operation, as well as the system data necessary for the operation of services, in the forms including but not limited to accessing the relevant systems of this App by the use of plug-ins, cheating programs or a third party tools/services unauthorized by us;
3) Increase, delete or change the functions or operation performance of services by modifying or forging instructions and data in service operation, or operate or disseminate to the public the software and methods intended for the above mentioned use, whether for commercial purposes or not.
4) Log in or use this App’s services through a third party software, plug-ins, cheating programs or systems not developed and authorized by us, or produce, publish and spread the aforesaid tools.
5) Interfere with software and its components, modules and data related to this App by yourself or others authorized by you through a third party software;
6) Take other actions not authorized by us explicitly.
1.5 You undertake not to infringe on the interests of us and our related parties by using this App service in any form, or act in any way that might cause damage to us and our related parties or act not in favor of us and our related parties. In case of relevant liabilities being imposed to us and our related parties or any third party due to your use of this App, you are required to compensate in full all relevant costs and losses of us and our related parties or any third party, including the reasonable lawyer’s fee.
1.6 You have fully understood and agree that you must be responsible for all actions taken by your account, including any content you publish, any service you bought and/or use and any consequence resulted. You shall make your own judgment on the third party functions and services you come into contact with during the use of this App, and bear all risks arising from the use of the third party functions and services, including those resulted from the reliance on the legitimacy, accuracy, completeness or practicability of the third party functions and services. We’re unable to and will not be liable for any loss or damage caused by the aforesaid risks.
1.7 In case of any violation of laws or regulations as we found or as reported by others, we’re entitled to delete and block the relevant contents at any time without notification, and to take measures including but not limited to taking back the authority of the account, limiting, suspending or terminating the use of part or all of services, requiring compensation for losses and legal responsibility to be assumed, etc.
1.8 You’ve understood and agree that data backup is your right, rather than our obligation, and that we assume no liability for your data backup or consequences. We have the right to determine the preservation period and maximum storage space for the data generated during your use of this App in compliance with laws and regulations as well as the actual situations. Once you stop using this App, we’ll delete your using data upon expiration of the period as agreed between you and us or according to relevant provisions, and assume no liability for returning any data to you.
1.9 You agree to accept all the information services provided by this App in the use of it, understand and accept that advertisements might be included in those information services, and agree that advertisements provided by us, the third party suppliers and partners are displayed during your use of this App.
2.1 Downloading, installation and use: this App is held for free. You may download, install and use it, for non-commercial purposes without limitation of quantity.
2.2 Reproduction, distribution and spreading: You may reproduce, distribute and spread this App for non-commercial purposes without limitation of quantity, provided that each copy so reproduced, distributed and spread is complete and authentic, including all software, electronic documents, copyrights and trademarks related to this App, as well as this Agreement. If you go beyond this acceptable scope to sell or use the services of this App for other commercial purposes, we’re entitled to terminate the provision of product and services immediately without notification, and to require legal responsibilities to be assumed and all of our losses to be compensated by you.
2.3 Account registration and device binding: to achieve specific functions and services of the product, you need to download this App, log in by or register an account and bind devices as instructed. You may use this App’s services normally only with the account.
2.4 Unbinding of devices: you may start this App, and unbind devices in device management or setup.
2.5 Terminal networking: you may use relevant functions of the terminal normally only upon networking of this App terminal in this App as instructed.
2.6 To ensure the safety of your account in the process of use, different verification measures might be taken depending on different terminals and your using habit, to identify you. For example, every time when your account is signed in for the first time in a new device, you might be identified both by password and verification code, verification method including but not limited to SMS verification code, and verification by the service using information.
2.7 You shall keep your account and password properly, and if you find any potential safety risk existing in your account (including without limitation to the leakage of your password), you shall promptly contact us who will assist you to take measures accordingly. Otherwise, all actions taken by your account will be at your liability and all responsibilities will be borne by yourself.
2.8 You must select a version of this App that is compatible with the installed terminal device, and any problem of product and device, or damage caused by incompatibility of the software product and device model will be at your own cost.
2.9 In case of any activities in your account that we determined as abnormal, we may suspend or terminate your use of this App unilaterally; in case of any violation of this Agreement, we may suspend or terminate your access to this App and the involved account unilaterally.
III. User’s Rights and Obligations
3.1 You’re entitled to use this App and services legally;
3.2 You’re entitled to download, install and use this App in all of your legitimate devices;
3.3 The ownership of your user account belongs to us. For the safety of your account, it is prohibited to register the account of this App using others’ telephone number and email address.
3.4 You have the right to modify and delete your personal data and registration information in this App, or unbind the third party account ( Apple ID, We Chat, QQ), or cancel the system location authorization and camera or storage permission, but it is notable that deletion of relevant information or cancle relevant permission possibly leads to the removal of the information you save in the system or affect relevant functions, the corresponding risk of which shall be borne by yourself.
3.5 You’re obliged to keep the information on registration account and password properly and ensure its safety, and bear legal responsibility to the actions taken by your registration account and password. You agree that in no case will you use other user’s account or password.
3.6 No reverse engineer, reverse compilation and reverse disassembly: you shall not carry out reverse engineer, reverse compilation and reverse disassembly to this App, or change any resource compiled in the program file. Unless the aforesaid actions are specifically allowed by laws or regulations, you must abide by the limitation of this Agreement.
3.7 This App is authorized for use as a single product, which shall not be used in part for any purpose.
3.8 Any sale, reproduction and distribution for commercial purposes (including but not limited to the sale, pre-installation and binding of software, etc) must be subject to written authorization and permit by us.
3.9 It is prohibited to collect other users’ information and data without authorization, such as email address and telephone number, etc.
4.1 You confirm that you’ve been aware of all functions of this App and all of our operations necessary for achieving such functions, that you select this App and relevant services voluntarily based on your own needs, and that all risks and consequences due to the use of this App and relevant services are totally at your own cost in stead of us.
4.2 Although this App has gone through detailed tests, we cannot guarantee that all software and hardware systems are compatible and that this App is free of any error. In case of any incompatibility and software error, please call at [ 0755-27651888 to report to us and acquire technical support. If such incompatibility is unable to be solved, you may remove this App.
4.3 We bear no responsibility for any damages and risks arising from the use or failure to use of this App, including but not limited to direct or indirect personal damages, loss of commercial profits, interruption of trade, loss of commercial information or any other financial losses, to the maximum extent allowed by applicable laws.
4.4 We bear no responsibility for the losses caused by fault of telecommunication system or Internet, computer error or virus, information damaging or losing, computer system problems or any other force majeure.
4.5 In the process of using this App, you shall be civilized in speech and respect other users’ personal rights including personality and identity rights according to law, so as to build a harmonious, civilized and polite social network environment.
4.6 During the use of this App, you must also be subject to the following principles:
4.6.1 Do not breach the laws and regulations of the place where the service provider is registered and where you’re located, as well as relevant international treaties or rules;
4.6.2 Do not violate the network protocols, provisions, procedures and industry rules in relation with network service and the services of this App;
4.6.3 Do not act in a way possibly leading to adverse influence in normal operation of Internet or mobile networks;
4.6.4 Do not upload, display or spread any information and data that are false, fake, harassing, slanderous, aggressive, threatening, racist, defamatory, privacy-leaking, pornographic, maliciously plagiarized or otherwise illegal;
4.6.5 Do not infringe on the intellectual properties including patents, copyrights and trademarks, etc., or personal rights such as name, reputation, honor, portraiture and privacy, etc., or any other legitimate rights and interests, of any other person in any way.
4.6.6 Do not infringe on our rights or interests or act not in favor of us in any way;
4.6.7 Do not act in any other way influencing the normal operation of the software platform, destroying its business model or having adverse impact on its ecology.
4.7 The using rules and instructions of some specific services of this App, and any statements, notices and warnings we’ve made in various ways (including but not limited to website announcement, system notice, private message and SMS reminder) are deemed as a part of this Agreement. Continuous use of this App shall be deemed as your consent of such statements, notices and warnings.
4.8 In case of any violation of this Agreement which results in damages to us, we’re entitled to take such measures including but not limited to suspending the use permit, stopping the provision of services, limiting the use and requiring legal responsibilities to be borne.
4.9 In case of any loss incurred by or punishment imposed by any administrative authorities to us, other users or any third parties due to your breach of relevant laws, regulations or this Agreement, you shall compensate in full all of the actual losses incurred by us, other users or relevant third parties, including reasonable layer’s fees.
6.1 The intellectual properties pertained to this App are owned by us or our related parties or partners according to law. All intellectual properties of this App such as copyrights, trademarks, patents, commercial secrets, etc. as well as all information related to this App (e g. words, pictures, audios, videos, charts, interface design and layout structure) are under the protection of local laws and regulations of the place where you’re located as well as appropriate international treaties.
6.2 Without our written consent, please do not execute, exploit or transfer the aforesaid intellectual properties by yourself or by any other party authorized by you, whether for commercial or non-commercial purposes. We reserve the right to require the legal responsibilities resulted from the above mentioned actions to be borne.
VII. Termination or Change of this Agreement
7.1 This Agreement shall be terminated in case of any of the following cases:
1) Notice for termination: we may terminate this Agreement by giving 15 days’ written notice, without bearing any liabilities for breach;
2) The provision of this App may be suspended or terminated if regulations, policies or competent authorities require to do so, or if cooperation with partners is suspended or terminated, and we’re not obliged to or unable to inform you in advance, for which you agree not to require the liabilities for breach to be borne by us.
3) Unilateral termination right: in case of any of the following cases, we’re entitled to terminate this Agreement immediately, and impose punishment on you according to relevant rules:
7.2 We have the right to modify this Agreement if necessary, and will publish the modified terms in our official website or the latest version of this App once the they are changed. You shall cancel the service if you disagree with such change, and will be deemed as accepted it in case of your continuous use of this App.
7.3 We’re entitled to modify or alter the charging services, charging standards and modes, service fees and terms we provide based on our needs. For the purpose of providing our services, we may charge a certain fee from users of some services now or later. Your refusal to pay such fee will lead to inaccessibility to relevant services. We’ll make all efforts to inform you of the relevant modifications or alterations by email or other means.
VIII. Laws and Dispute Resolution
8.1 Both Parties shall solve any disputes arising from or in connection with this Agreement through amicable negotiation. With regard to the dispute associated with the performance hereof, the party claiming the dispute shall inform the other party in writing the detailed nature of such dispute. One or more authorized representative(s) shall be appointed by both parties to negotiate a fair and just solution.
8.2 Jurisdiction of this Agreement. In case of failure to solve the dispute through negotiation, it shall be under the jurisdiction of the court in the place where the service provider is registered.
8.3 Applicable law. The laws in the country or region where the service provider is registered are applicable.
9.1 If any term herein is unenforceable or not compliant with applicable laws in full or part due to whatever reason, such term shall be deemed as deleted, and the remaining terms herein shall remain valid and binding.
9.2 The headings of all terms herein are for the convenience of reading only, without actual meaning, which can’t be taken as the basis to interpret this Agreement.
9.3 We reserve the right to interpret and modify this Agreement to the maximum extent permitted by law.
9.4 This Agreement comes into force from the date when you select “I agree”.