Service Agreement
Kindly Remind
Welcome to sign this service agreement together with Thinexpress Technology Co., Ltd (hereinafter referred to as "the company") and use the 金剛智慧鎖 software service.
According to relevant legal provisions, this agreement agree on the following service based on the principle of open, fair and equal by two sides.
Please read this agreement carefully before registration and fully understand the contents of each clause.If you have any question about the agreement, you can consult our customer service.
When you have read and agreed to this agreement and completed the registration, it means that you have fully understood and accepted all contents of this agreement, and you agree with us that your use of this agreement will be deemed as a recognition of all contents of this agreement.
1.Service Target
金剛智慧鎖 software: refers to the clients that 金剛智慧鎖 operates on personal mobile terminal systems such as iOS, Android and WeChat mini program
2.Scope of the agreement
This agreement shall be entered into by and between you and the company and shall be binding upon you and the company.
3.Service Content
The specific content of this agreement is provided on the basis of actual status by 金剛智慧鎖. 金剛智慧鎖 provide the service through APP on mobile phone, such as register and login, bind the lock, unlocking, modify and share keys, query unlock records and so on.
User agree that the company shall have the right to promote all kinds of commercial advertisements or any other type of business information in variety ways during our service. User accept that 金剛智慧鎖 could send goods promotion or other related business information to user via email or other way.
4.Service Specifications
Authenticated users can use the lock service via the 金剛智慧鎖 platform.
You should ensure that the content you publish and disseminate on the 金剛智慧鎖 platform does not violate national laws, regulations or policies;It shall not harm social morality and denigrate the excellent national culture;Shall not infringe others' privacy or other legitimate rights and interests.
You should ensure that you will not use the 金剛智慧鎖 platform for any illegal ACTS or the following
(1) Use technical or other means (including but not limited to forced removal of locks and breach of passwords) to maliciously disturb or damage the normal operation of 金剛智慧鎖, or illegally access, steal and disseminate data and relevant information of 金剛智慧鎖 platform;
(2) Violate the lawful rights and interests of others in any way (including but not limited to intercepting, collecting, using, tampering, deleting or disseminating information of other users without lawful authorization)
other ACTS without lawful authorization.
(3)Other ACTS without lawful authorization.
5.Lockset management regulations
(1)User qualification
Before you begin the user authentication process to be qualified to use the 金剛智慧鎖 Shared platform services, you should have the civil capacity required by the laws of the Republic of China to suit your behavior.
(2) Account
After you register the 金剛智慧鎖 platform through mobile authentication and other programs, you are the user of the 金剛智慧鎖 platform and have your own account.
When you read and agree to this agreement and complete all the authentication procedures, you can get the 金剛智慧鎖 platform authentication user account.
You are not allowed to transfer this account, nor permit or assist others to use your authenticated user account to use 金剛智慧鎖 services, otherwise all liabilities arising therefrom shall be jointly and severally liable to you and the actual holder, and 金剛智慧鎖 shall not be liable to you.
£¨3£©Certification information management
During the user authentication process, you should provide your information accurately, truthfully and completely according to the tips on the 金剛智慧鎖 platform page.With your understanding and consent, you are obligated to maintain the authenticity and validity of the information you provide.
If your authentication information changes, you should update the information you provide.If the information provided by you is obviously inaccurate, you will be liable for all losses and adverse consequences caused to you, others and the company.
The review and approval of the above user authentication shall be finally decided by the company.The company can reasonably question and doubt the authenticity and legality of its documents according to the documents uploaded by the user, and give the result that the user does not pass the authentication;Users can re-apply for certification or appeal for re-certification.
£¨4£©Account safety specification
Your account is set up and maintained by you, and we will not ask you to provide your account information at any time.Therefore, please be sure to keep your account safe, and you are responsible for the security of your account. Please make sure that you log out at the end of each session and leave the 金剛智慧鎖 platform with proper steps.If you voluntarily disclose or suffer from other attacks, frauds or other ACTS, any losses and consequences caused by your account, such losses and consequences shall be borne by you.
Except for the fault of the company, you shall be responsible for all behaviors and results under your account (including but not limited to services such as registration and login, binding locks, unlocking, modifying keys, sharing keys, query unlock records, and so on.), regardless of whether such behaviors and results cause any damage to you or any third party.
If you find any unauthorized use of your account to log into the 金剛智慧鎖 platform or other circumstances that may cause your account to be stolen or lost, you are advised to immediately notify the 金剛智慧鎖 platform.You understand that it takes reasonable time for us to take action against any of your requests, and we are not liable for any consequences that have occurred prior to taking action, unless we are at fault.
£¨5£©Using lock specification
A.You should unlock through the 金剛智慧鎖 platform APP application;
B. Before using the lock, you should carefully check whether the lock is damaged, including but not limited to check whether the QR code of the lock is clear and whether the lock body is damaged;
C.Stop using the lock if you find it is damaged during inspection.You can deal with it through the contact lock's after-sales staff;
D. If you are aware of, or should be aware of, damage to the lock but still use the lock, you shall be liable for all damage caused to you by such act, and we shall not be liable for any such damage.You shall also be liable for any damage caused by your act to other persons;
E. You should use the lock reasonably and safely.If the property is lost, stolen or damaged due to your improper use or safekeeping (including but not limited to your failure to use the lock after opening the lock and your failure to lock the lock when suspending the lock) during your use, you shall bear all the responsibilities for compensation.
F. The user expressly agrees that the risk of using the service shall be solely borne by the user;All consequences arising from its use of the service shall also be borne by itself, and the company shall not be liable to users unless otherwise agreed herein.
G. We make no warranty of any kind for the service, including but not limited to the promptness, safety and accuracy of the service, and we are not liable for any direct, indirect, incidental, special and subsequent damages and risks arising from the use or inability to use the service under any circumstances.
H. The risk of service interruption or failure to meet user requirements caused by force majeure, computer virus, hacker attack, system instability, user location, user shutdown, and any other network, technology, communication lines shall be borne by the user and the company shall not be held liable.
G. The company shall not be liable for any property security risks caused by mobile phone loss.
6.Privacy Protections
Privacy protection is the basic policy of the company. The company attaches great importance to the protection of your personal information and other user information, and guarantees not to disclose or provide user data to third parties.
During your communication with others through the 金剛智慧鎖 platform, if you have access to other users' personal data, information, documents, etc., you guarantee that you will keep it strictly confidential and not disclose it to any third party in any way.
For the non-personal information, such as text, picture, video, audio and other non-personal information provided and published by you except personal information, you will grant 金剛智慧鎖 the global license right for free during the copyright protection period.You agree that 金剛智慧鎖 stores, USES, copies, revises, edits, publishes, presents, interprets, distributes, and incorporates the above information into other works in a known or future development form, medium, or technology.
7.Property Rights
You agree to this agreement and act as a user of the 金剛智慧鎖 platform only so that you can use the services of the 金剛智慧鎖 platform in accordance with the specifications of this agreement.There is no other relationship of authorization, cooperation, agency, delegation, employment between you and 金剛智慧鎖 platform or the company.
You understand that the intellectual property rights of the 金剛智慧鎖 platform and relevant proprietary confidential information belong to our company.You understand that the intellectual property of any sponsored advertising or information on the 金剛智慧鎖 platform belongs to the provider of the relevant sponsored advertising or information.You understand and agree that you shall not modify, lease, lend, sell, disseminate or otherwise infringe the intellectual property rights (e.g. carry out restoration works, reverse translation, etc.) without the express written authorization of the company.
8.Disclaimers
Due to the nature of the real-time update of Internet services, you understand and agree that our company does not undertake any warranty responsibility for the following contents, nor any liability for any loss caused to you by such reasons:
(1) The service of 金剛智慧鎖 platform is not guaranteed to be free from any interference, timely, safe and reliable, and free from any errors;
(2) There is no guarantee that the information obtained by using 金剛智慧鎖 platform service is correct and reliable in any case;
(3) There is no guarantee that your use of locks via the 金剛智慧鎖 platform will meet your expectations;
(4) There is no guarantee that any data downloaded or obtained through the 金剛智慧鎖 platform will not cause any damage to your PC or mobile device or any loss of data.
Except for the warranties made in this agreement or other express warranties made by us in writing, we do not give you any form of warranties or covenants, including but not limited to commercial salability, applicability for a particular purpose or other warranties, express or implied.
9.User behavior evaluation and handling
In order to provide users with better services and maintain the normal operation order of the market, 金剛智慧鎖 has the right to track, monitor and evaluate the users' behavior of using the lock service, and increase or decrease the authorization of users to use the lock service according to the evaluation results.
If one of the following happens, you are deemed to have breached the contract:
(1) If 金剛智慧鎖 finds that the authentication information provided by the user is incomplete, invalid or false during the verification process of user authentication information;
(2) In case of any behavior of the user that endangers the security of the transaction or the security of the account;
(3) In the case of improper means to seek benefits, including offering financial, consumption, hospitality or business opportunities to 金剛智慧鎖 staff and/or their associates, or otherwise seeking improper benefits;
(4)If users disrupt the order of 金剛智慧鎖 platform, deliberately evade various rules or market control measures of 金剛智慧鎖 platform in any way, or improperly acquire and use the resources of 金剛智慧鎖 platform;
(5) If the user violates relevant Chinese laws and regulations;
(6) If the user violates other provisions of this agreement.
In order to protect the legitimate rights and interests of other users or 金剛智慧鎖 platform and maintain the normal operation order of the market, 金剛智慧鎖 shall not be obliged to inform users of the illegal disposal measures taken by 金剛智慧鎖 according to the situations stipulated in these rules during the process of user violation treatment.
Stop using the lock service: means stop the right of authenticating users to use the lock through the 金剛智慧鎖 platform;
To close an account: to delete a user's account or to stop all privileges of the user, and to blacklist the user from providing any services to the user;
Public warning: refers to the public notice of the processing that is being performed in the management system of the 金剛智慧鎖 platform, etc.;
Terminate this agreement.
The company may publicize the information of your default action and other illegal information confirmed by the effective legal documents of the state administrative or judicial authorities on the 金剛智慧鎖 platform.
If your action causes our company to suffer losses (including our direct economic loss, loss of goodwill and external compensation, settlement, attorney's fees, legal costs and other indirect economic losses), you should compensate us for all the above losses.
If your action causes the company to suffer the rights claimed by a third party, the company may recover all the losses from you after assuming the financial payment and other obligations to the third party.
10.Protocol changes
The company may modify this agreement and the supplementary agreement from time to time according to the changes of national laws and regulations, maintenance of transaction order and protection of consumer rights and interests, and the altered agreement and the supplementary agreement (hereinafter referred to as "changes") will notify you through legal procedures and in a manner as agreed in article 11 hereof.
If you do not agree with the change, you have the right to contact 金剛智慧鎖 for feedback before the effective date of the change.If the feedback is adopted, 金剛智慧鎖 will adjust the changes as appropriate.
If you still disagree with the effective change, you should stop using the 金剛智慧鎖 platform service from the effective date of the change. The change has no effect on you.If you continue to use the 金剛智慧鎖 platform service after the change has taken effect, you are deemed to agree to the change that has taken effect.
11.Notices
You agree that we will send you all kinds of notices in the following reasonable ways:
(1)Copywriting published on the 金剛智慧鎖 platform
(2)In-station SMS, messages pop up on 金剛智慧鎖 platform, and messages pushed by the client;
(3)Send emails, text messages, and letters based on the contact information you have reserved for the 金剛智慧鎖 platform
12.Termination of Agreement
(1)User-initiated termination
You are entitled to terminate this agreement in any of the following ways:
A.You no longer use the 金剛智慧鎖 platform service;
B. You stop using the change before it becomes effective and express your unwillingness to accept the change.
(2)Termination initiated by the company
In the event of the following circumstances, the company may notify you to terminate this agreement through the means set forth in section 11 of this agreement:
A.If you violate this agreement and our company terminates this agreement in accordance with the terms of the breach;
B. There are abnormal user behaviors, and the company reasonably suspects that you may have violated the agreement;
C. Failure to terminate this agreement may adversely affect the 金剛智慧鎖 platform or other users;
D. If you misappropriate others' accounts, release prohibited information, defraud others' property or use improper means for profit, etc., our company will seal up your account according to this agreement;
E. In addition to the above circumstances, our company has sealed up your account according to this agreement due to your repeated violations of relevant provisions of 金剛智慧鎖 platform and serious circumstances;
F.Other circumstances in which the service should be terminated.
(3)Processing after termination of the agreement
Upon termination of this agreement, the company shall have no obligation to disclose any information in your account to you or to a third party designated by you, except as expressly provided by law.
Upon termination of this agreement, the company shall continue to enjoy the following rights:
A. Continue to save all kinds of information that you keep on the 金剛智慧鎖 platform;
B. The company may continue to hold you liable for your past breach in accordance with this agreement.
13.Application of law, jurisdiction and others
[Law applicable] the conclusion, validity, interpretation, amendment, supplement, termination, execution and dispute resolution of this agreement shall be governed by the laws of the mainland of the Republic of China.If there is no relevant provision in the law, refer to the business practice and/or industry practice.
[Jurisdiction] disputes arising from your use of 金剛智慧鎖 platform services and related to 金剛智慧鎖 platform services shall be settled by our company through negotiation.If no agreement can be reached through negotiation, either party may submit the case to China international economic and trade arbitration c金剛智慧鎖ssion for arbitration.The result of the arbitration shall be final and binding upon both parties.