Hoison App Service (hereinafter referred to as “the Service”) refers to the Hoison smart pet feeder and app services provided by Shenzhen Easething Technology Co., Ltd. (hereinafter referred to as “the Company” ) to its users of App Platform. This agreement shall be concluded and signed between you and the Company.
Your Rightts and Obligations
1. You shall have the right to enjoy the Internet technology and information service provided by Internet Platform, and to get such services (including technological support, consultancy, etc.) as are provided by Internet Platform. More information about services and prices can be seen on the introduction to relevant products of the platform website.
2. You shall warrant that: you are qualified for the performance of this agreement in accordance with necessary requirements provided by laws and regulations; if any legal responsibilities or harmful consequences are caused by the lack of such qualification, you shall bear the entire responsibility and the Company shall, at the same time, suspend or terminate services provided to you.
3. You shall acknowledge that: you shall, in accordance with Regulation on the Protection of the Right to Network Dissemination of Information, Measures for the Administrative Protection of Internet Copyright and other laws and regulations, record the relevant information of online users and, make backup copies of the record and preserve them for 90 days in accordance with laws and regulations, and provide them for the lawful check by state authorities.
4. You shall respect the property rights and other legal rights of the Company and other third parties and warrant to do everything possible to protect the Company and its shareholders, employees, partners or others from any influences or losses caused by such infringements of the said rights and interests. The Company shall reserve the right to terminate services for you and return no fund of any kind to you in case of your infringements of the lawful rights and interests of the Company. You shall be fully responsible for the losses caused by your violations of laws or infringements to the Company or its other clients.
5. You shall confirm that the contact information you provide is accurate. In case of any consequences caused by the incorrect contact information or the safety or stability problem of the email you provide to receive mails from the Company, you shall bear the entire responsibility, including but not limited to any consequences or losses caused by your failure to receive relevant notices from the Company in a timely way.
6. You shall have the right to inquire the products, services, prices and others involved herein. Once you choose to use these products and services, we will consider that you have no doubts and you have acknowledged to forsake any claim due to such doubt.
7. You shall warrant that you will abide by the national and local laws and regulations, industry practices and social and public moralities in the process of using the Service and will not make use of the services provided by the Company to store, distribute and publish any of the following information and content:
(1) That is against the general principles established in the Constitution;
(2) That may jeopardize the national security, disclose national secrets, overthrow the state power, or destroy the national unity;
(3) That jeopardizes the national honor and interests;
(4) That stirs up hatred and discrimination among nationalities and destroys the unity of nationalities;
(5) That destroys national religion policies and advocates cults and superstitions;
(6) That is to spread rumors, disturb the social order and destroy the social stability;
(7) That is to distribute obscenity, pornography, gambling, violence, murder, terror or to encourage crimes;
(8) That insults or slanders others and infringes other people’s lawful rights and interests;
The company’s Rights and Obligations
1. The company shall provide to you proper network technology and information service chosen and paid by you.
2. The company shall record necessary information according to the sevices you choose,and provide them when you need or the relevant government regulators proposed regulatory scrutiny, compliance, or to provide investigation.
3. The company shall warrant to keep secret all your information and not to disclose it to any third party or authorize any third party to use it, except:
(1) It can be provided in accordance with the clauses hereof or the provisions of other service agreements, contracts or online clauses concluded and reached between you and the company;
(2) It shall be provided in accordance with the provisions of laws and regulations;
(3) It is required to be provided by administrative, judicial or other authorities;
(4) It is agreed by you to be provided to third parties;
(5) It is submitted to solve any report incident or legal proceeding;
(6) It is necessary for the company to take reasonable actions to prevent serious illegal conducts or suspicious crimes;
(7) It is provided to third parties in order to provide to you products, services and information, including the situation where the company provides to you products, services and information through third parties’ technology and service;
(8) The websites of the company and all its affiliated companies shall have the right to use your information.
Scope and Limits of Responsibilities
1. The Company is only responsible for the responsibilities listed in this clause.
2. The cooperators of the Service shall be responsible for the quality and content of the service provided thereby, for which the Company shall not be responsible for.
3. If the service you purchased is not available due to reasons unaccountable to the Company or force majeure factors, it is not the responsibility of the Company; based on the characteristics of the Internet, the Company reminds you that you shall back up data from time to time for the Company will not be responsible for data loss, that the Company is not responsible for the unavailability of the service due to your own system adjustment or improper configuration or other reasons of yours, and that the Company is not responsible for the losses caused by any act or omission of any third party or the losses of any third party who receives the service of the Company indirectly through you.
4. The Company shall not be responsible for any indirect, punitive, special and derivative losses related to or arising from this agreement (including but not limited to business losses, income losses, profit losses, data losses or other economic losses), no matter in what way, whether by the violation hereof (or the warranty hereof) or by infringement, in spite of being informed of the possibility of such losses. In addition, even though the provision of exclusive relief herein fails to accomplish its basic purposes, the Company shall not be responsible for any losses mentioned above.
5. If you website is under hacker attack from any third party website, you shall immediately communicate with the Company in order to ensure the quality of services, but you still have to pay the Internet flow or bandwidth caused thereby.
6. The Company provide fault control mechanism of fault monitoring, automatic recovery, guaranteeing timely processing cloud service failure and recovery. When the cloud service node failure occurs, the node will be replaced by other nodes automatically through local load balancer and global load balancer. When the whole cloud service failure occurs, the company will immediately notify the customer in accordance with the corresponding contingency plans for processing.
7.The Company shall make sure the service you purchased is available. Combined with the relative characteristics of the service you purchased, the service may be available: you can visit or download the websites, files, stream media and other content under the domain name of the Internet Service; or the service may be unavailable: the remaining time, which refers to the total service time deducted by the available service time, is unavailable.
Entire Agreement This agreement shall be composed of the clauses hereof and all regulations published on the Website.
Related nouns can be quoted and referred to mutually. If there is any different understanding, the clauses hereof shall prevail.
You shall understand and recognize this agreement, which means every part of this agreement, and you and the Company shall be bound thereby once you use the Service.
If any part of this agreement is considered invalid by the court with jurisdiction, the validity of other parts shall not be affected. If any clause of this agreement is not executed, the execution of other clauses shall not be influenced.
Protection of the Trademark and Property Right
1. The Company or the affiliated companies of the Company shall legally own the legal property rights, including but not limited to trademark right, patent right, copyright, trade secret, etc. of all the content on the Website, including but not limited to works, pictures, files, information, data, framework and website design.
2. Unless agreed by the Company or the affiliated companies thereof, no one shall use, modify, copy, publicly transmit, change, distribute, release or publicly publish any program or content on the Website without authorization.
3. It is your obligation to protect property rights, so you shall solve related problems by yourself, including but not limited to software copyright, application permission and so on, and the Company shall have no obligation to check and approve such work. When this agreement is signed, you are considered to have admitted the above-mentioned provision and have finished all related work. In case of any violation, you shall be reliable for any damages and the Company shall reserve the right to terminate this agreement.