Smart Elfin’s Term of Service
Before accepting the Term of Service, you are supposed to
thoroughly read all contents, and fully know its terms, especially restrictive
clauses or exceptions. Restrictive clauses or exceptions are bold or
highlighted in other forms to catch your attention. In case of any doubt for
the terms of Service, please contact relevant business department of WarpFuture. You are not allowed to use the service before
you have read and accepted all terms of the Service, relevant agreements and
rules, etc. Once you "agree and submit the Agreement" (see registration
page for detailed wordings) and complete the registration procedure, or you use
the service in any form, it will be deemed that you have read and agreed with
the restriction of the Agreement and rules above. In case of any breach of the
Agreement, WarpFuture has the right to unilaterally
restrict, suspend or terminate the service for you, and has the right to
investigate your relevant responsibilities.
The Service Agreement (hereinafter referred to as
"the Agreement") is signed by you and WarpFuture
Co., Ltd. (hereinafter referred to as " WarpFuture").
It includes (but not limited to) Privacy Policy of Smart Elfin and other
contents. In case of change, WarpFuture will announce
such change on its official website without further notification. Upon
announcement, the changed agreement and rules become a part to the Agreement
automatically, without further notification to you for your consent. In case of
objection to such relevant changes, stop use WarpFuture
's service; if you keep using it, it will deemed as
that you hold no objections against the changed rules and agree to abide by
them.
I. Definitions of Terms
1.1 Licensed software refers to software system developed
by WarpFuture, downloaded from the platform, and
installed and applied in specified system mobile terminals.
1.2 Services refer to services provided for you by WarpFuture Co., Ltd. You can use such services on the
mobile terminal with the licensed software.
II. Service
2.1 WarpFuture offers you
intelligent life equipment management services, based on which you can access
to the intelligent terminal on WarpFuture Cloud
Platform through the WarpFuture Control, and realize
interlinkage among intelligent equipment. Service contents include intelligent
equipment management, scene interlinkage and analysis report, etc. Such
functions may be optimized or modified according to changes of users' demands
or judgment of service supplier, and service supply may be suspended due to
regular and irregular maintenance.
III. Scope of Service
3.1 WarpFuture grants you with
the right to use the product based on this software.
3.2 You are prohibited to license, sell, lease, transfer,
issue the product in any form, or use the product for other commercial purpose.
3.2 Due to limitations on software adaptation platform and terminals, you can
only use the licensed software in the authorized system platform and terminal;
if you install the licensed software on other terminal equipment, it may damage
your hardware or software function.
3.3 You acknowledge that the licensed software can only
be used for non-commercial purpose and installation, application and running of
the licensed software is prohibited. If such commercial operation is necessary,
prior written authorization and permission from WarpFuture
shall be obtained.
3.4 WarpFuture may change,
upgrade or transfer the licensed software or relevant functions from time to
time, and may add new functions or services in the licensed software system. If
no separate agreements are accompanied with the aforesaid new functions or
services, you are entitled to the corresponding functions and services, which
is also subject to the Agreement.
3.5 You shall be responsible for the accuracy,
reliability, integrity and legality of input data and legality of the way in
which you obtain the data, and shall back up data and information from time to
time. You shall bear all risks for damage and loss of such information.
3.6 You shall properly keep your account number and
password. In case of any safety loophole for your account (including but not
limited to divulgence of user password), you shall notify WarpFuture
in time, and WarpFuture will assist you in taking
relevant measures. Otherwise, all behaviors related to your account shall be
assumed by you and you will bear all responsibilities.
IV. A Third Party
4.1 You acknowledge that certain service of WarpFuture is based on software or services provided by a
third party. Such service is set to facilitate your application and necessary
legal authorization is obtained from the third party.
4.2 The product includes certain information and services
of the third party. WarpFuture neither controls nor
bears responsibility for information and services of the third party.
4.3 You acknowledge that WarpFuture
cannot guarantee that the licensed software always uses or contains such
services, or that other software provided by the same third party will be used
in future. Likewise, it may use similar services supplied by another third
party. Upon application, the aforesaid corresponding software or services are
subject to this Agreement.
V. Service Application Standard
5.1 You shall use the licensed software in a normal
manner. The following ways are in breach of the application standard:
1) Issue or share computer virus, worms, malicious codes,
or software that deliberately damages or changes computer system or data;
2) Collect information or data of other users without
authorization, for example, email address and the like;
3) Maliciously use the product in an automatic way,
causing over load to the server, or interfere with or damage web server and
network links in other forms.
4) Attempt to visit server data or communication data of
the product without authorization;
5) Interfere with or damage the production application by
other users.
5.2 You understand and agree that:
1) WarpFuture will determine
whether or not you are involved in violation of standards above, and suspend or
terminate your application license according to determination results or take
other restrictions according to agreements.
2) WarpFuture will directly
delete information in breach of laws, or infringing others' legal rights, or in
breach of the Agreement issued by you when using the licensed software.
3) If a third party suffers from damage due to your
breach of application standards, you shall independently bear legal
responsibility in your name, and protect and indemnify WarpFuture
from losses or additional expenses generated therefrom. Otherwise, WarpFuture has the right to claim compensation.
4) If WarpFuture suffers from
any loss due to your breach of relevant laws or the Agreement, you shall
compensate WarpFuture for losses and (or) expenses
generated therefrom.
VI. Information Content Standard
6.1 You promise that you will not conduct any act in
breach of laws or improper behaviors by using the service, such act and
behavior include (but not limited to):
6.1.1 Uploading, transferring or sharing information
containing one of the following contents:
1) Opposing the basic principles determined in the
Constitution;
2) Endangering state safety, disclosing state secret,
subverting state power and sabotaging state unity;
3) Damaging state honor and benefit;
4) Inciting national hatred and discrimination and
sabotaging national unity;
5) Destroying religious policy of the state and
advocating heresy and feudalistic superstition;
6) Spreading rumors, disturbing social order and
destroying social stability;
7) Spreading obscenity, porn, gambling, violence, murder
and terror or abetting a crime;
8) Insulting or slandering others and infringing on the
legal rights and interests of others;
9) Containing contents of sham, defraudation,
harm, threat, infringement to others' privacy, harassment, infringement,
slander, coarseness, indecency, or morally repulsive contents;
10) Containing other contents restricted or forbidden by
applicable laws, regulations, rules, provisions and other legal standards.
VII. Private Policy and Data
7.1 It is crucial for WarpFuture
to protect your personal information. Tuya prepares
Privacy Policy of Smart Elfin, in which contents related to ownership and
protection of intellectual property, collection, use, share, storage and
protection, etc. of your information are disclosed. You are suggested to
thoroughly read Privacy Policy of Smart Elfin.
VIII. Exception Clauses
8.1 Unless otherwise specified in laws and regulations, WarpFuture will do its best to ensure the security,
validity, accuracy and reliability of the licensed software and technologies
and information involved, but WarpFuture is unable to
guarantee the same due to restriction by available technologies nowadays.
8.2 You understand that WarpFuture
will not assume responsibility for direct or indirect losses caused by force
majeure and default of a third party.
8.3 You shall be responsible for personnel injury or
incidental or indirectly injury caused by or related to one of the following
accidents: 1) A third party uses the licensed software or changes your data
without permission; 2) Expenses and losses produced by using the licensed
software; 3) Your misunderstanding of the licensed software; 4) Other losses
related to licensed software caused by reasons not attributable to WarpFuture.
8.4 Any other licensed software-derived software not
developed and released by WarpFuture or the
development and release are not granted by WarpFuture
is illegal software. Downloading, installing and using such software may cause
unpredictable risks. WarpFuture shall be free from
legal responsibilities and disputes generated therein and WarpFuture
shall have the right to suspend or terminate application license and/or other
all services.
8.5 You have been informed of that the usage of Smart
Elfin involves in Internet service, which may be affected by unstable factors
in all links. Although WarpFuture has taken safeguard
measures, the service may be suspended, terminated, delayed, suffered from
application restriction or application failure due to inherent defects of
Internet and e-communication as well as factors beyond reasonable control of
any party to the Agreement (including but not limited to fire, flood, terrorist
attack, pestilence, natural disasters, riot, terminal virus, hacker attack,
network fault and terminal fault). You hereby agree to bear foregoing risks and
agree that WarpFuture is free from any responsibility
when normal running of services are influenced by the
occurrence of foregoing risks.
IX. Agreement Termination and Breach of Agreement
9.1 You should understand that you shall use the licensed
software according to authorization scope, respect intellectual property of
software and contents contained in the software, and perform obligations
according to the Agreement when using WarpFuture 's
services. WarpFuture will terminate the application
license if you are in material breach of the Agreement.
9.2 Your application of the software relies on supporting
services supplied by WarpFuture 's related companies.
Breach of terms, agreements, rules, annunciation and other relevant regulations
of WarpFuture and its related companies may cause
failure in normal usage of licensed software, in which case, WarpFuture shall be entitled to terminate the application
license, or take measures to restrain your application license or other rights
and interests controlled by WarpFuture as agreed in
the Agreement, including suspension or termination of your application license.
9.3 In case of your breach of the Agreement or other
agreements signed with WarpFuture, WarpFuture shall have the right to notify the related
companies, requiring them to take restrictive measures to your rights and
interests, including requiring related companies to suspend or terminate
supplying part or whole services for you, and legally announce your breach of
agreement on websites run or actually controlled by them.
9.4 The licensed software is downloaded from the
downloading platform and you shall abide by stipulations of the download
platform, system platform and terminal manufacture on application ways and
restrictions of the licensed software. If the above mentioned third party
confirms that you are in breach of the agreement and WarpFuture
's treatment is required, WarpFuture may terminate
your application license at the third party's request.
9.5 When the application license terminates, you shall
stop using the licensed software and destroy all copies.
9.6 You must bear all compensation responsibilities if WarpFuture and other users suffer from losses caused by
your breach of terms in the Agreement.
X. Governing Laws and Severability
10.1 Effectiveness, explanation, change, execution and
dispute settlement of the Agreement are subject to laws of the People's
Republic of China. If no relevant laws and regulations are available, reference
to general international business practices and (or) industrial practices shall
be made.
10.2 When any term of the Agreement is judged to be
invalid by the People's Court, it will not influence the effectiveness of other
terms or any part thereof, and you and WarpFuture shall
perform the valid terms in good faith.