You shall carefully read and fully understand the terms of this agreement, especially the terms regarding your significant rights and interests, including the terms that exempt or limit the liability of our company, terms that limit user rights, terms regarding dispute resolution and jurisdiction, separate agreements or rules for the activation or use of a certain service, as well as terms in bold, underlined, or in other forms for your attention. When you fill in information, read and agree to this agreement and complete registration or activation procedures as instructed on the relevant page, or when you actually use the service in any way permitted by us, it means that you have fully read, understood and accepted all the contents of this agreement, and this agreement is a legally binding contract between you and our company. If you have any questions about this agreement, you may contact our customer service at any time, and we will try our best to give explanations. You shall not claim that this agreement is invalid or request to revoke the agreement on the ground that you have not read this agreement or have not got an answer to your inquiry.
Under this agreement, we presume that you are a legal subject with full capacity for civil rights and the capacity to act commensurate with the civil actions you are engaged in, and you are not the subject (restricted subject) of any trade restrictions, sanctions, or other laws or rules imposed by any country, international organization or territory. If you do not meet the aforesaid conditions, please stop the follow-up operation and seek solutions as follows: (1) If you are not a user in China mainland, please find service instructions and sign the relevant agreement through the website or software established by our company in your local area; (2) If you do not have full capacity for civil conduct due to factors such as age, please inform your guardian, read and sign this agreement and use the service under the guidance of your guardian; (3) If you are a restricted subject, please initiate an application for the use of the service after the relevant restriction disappears or is lifted. If you are not an aforesaid eligible subject (or haven’t obtained the consent of your guardian) but continue to sign this agreement, we have the right to refuse or terminate the service, and cancel your account after verifying the relevant circumstances, and you (and your guardian) shall be responsible for the relevant losses.
User refers to a legal entity that is eligible to use the service and use it in accordance with this agreement, also referred to as "you" in this agreement.
BSS Mobile service refe rs to the service provided to you in various forms based on the Internet, including client, app, mini program and website (as well as new forms of services that may emerge in the future). We will continue to enrich the application terminals and forms of provision of the service, to which this agreement applies automatically unless otherwise specified.
II. Scope of Agreement
Due to the fact that the software needs to be optimized and upgraded from time to time, you understand and agree that we will revise or update this agreement from time to time as needed for service operations, and will publish or notify you by website notice, website message, e-mail, or in other written forms. The revisions or updates will take effect from the date specified in the relevant announcement or notice (or, if not specified, in 7 days after the date of the announcement or notice). If you do not accept the revisions or updates, you must immediately stop using all the services of our company and notify us in written form. We will handle the termination of this agreement with you in accordance with the previous content.
III. Account Registration and Management
You can get an account after you fill in the required information, read and agree to this agreement, and complete the registration process as instructed on the registration page. You can access the service by using the username and password you set or confirmed (username and password collectively referred to as "account”). Your account is only for your personal use as it involves your personal information and commercial information in the service. As the provision of some services may require terminal devices such as smart hardware, network camera, digital video recorder, network video recorder, and other alarm devices, you need to bind the devices to your account for some certain services.
When using the service, you shall provide your information accurately and completely as instructed on the registration page so that we and other users can contact you. You understand and agree that you are obligated to provide true and valid information. The username you set cannot violate applicable laws and regulations, or your username may be revoked. If your username is revoked, you still can use your email address to log in and use the service. You shall update your information in time, and provide the latest, true, complete, and valid information.
You understand and agree that the registration information you provide (including those provided to us directly and obtained from third parties with your authorization) is the only evidence of your identity and association with the account. You are responsible for all the activities under your account and their consequences (including but not limited to signing various agreements online, ordering products or activating services, disclosing information, etc.). Therefore, you must truthfully register and correctly use your account in accordance with the relevant laws, regulations and this agreement, and properly keep and maintain the relevant information in a timely manner (including username, password, registration information, authorization code, verification code, and dynamic password). If you change or stop using the above information and/or related devices, or experience loss, leakage or theft, you shall take necessary measures and inform us in a timely manner to reduce possible losses. You understand and agree that we are not responsible for the above losses and consequences, and you shall seek compensation from the infringer through judicial, administrative and other remedy approaches.
You guarantee that your registration information does not contain any false, incorrect, illegal and inappropriate information, and that you will strictly abide by relevant laws and regulations, this agreement and other separate agreements when registering and using your account. Otherwise, we have the right to refuse registration, restrict, suspend, or terminate your rights to use your account through time-bound rectification notifications, suspension of service, account cancellation, and other measures. In case of fraudulent registration by impersonating other organizations or social celebrities, we will report to government authorities or disclose to the public in accordance with applicable laws. You are solely responsible for any loss caused by aforementioned restrictions, suspension, termination, report or disclosure (including but not limited to communication interruption, emptying or unavailability of user information, emails, virtual property and related data, value-added services, products or services, etc.).
IV. Service Regulations
You agree to comply with the laws and regulations applicable to BSS Mobile service, and not to use the service to create, copy, publish, or disseminate any content that violates laws and regulations, or infringes the legitimate rights and interests of other users or third parties.
You agree to comply with the following principles.
You shall observe the relevant national laws and regulations.
You shall observe all the network protocols, regulations and procedures relevant to website services.
You shall log in and use the service through legal channels provided by us.
You shall not use the service to conduct activities that may adversely affect us.
You shall not use the service to conduct activities that may adversely affect the normal operation of the Internet.
You shall not delete information or content regarding copyright on the licensed software and other copies.
You shall not modify, delete, or circumvent any technical measures that we used to protect intellectual property rights. Without our written consent, you may not rent, lend or sublicense the software involved in the service to a third party.
You shall not copy, disassemble, reverse engineer, modify the software involved in the service or any part thereof or create its derivatives.
You shall not use the service for any illegal purpose.
You shall not use the service by cheating, or any inappropriate or unfair practice.
You shall not violate laws, invade the privacy of others, or defame others in any way.
If you discover any illegal use of your account or any security breach, you shall notify us immediately.
You are responsible for the legality of the source and content of the data (including personal information) you provide, upload and publish when you use the service. If you use the service to collect and handle the personal information or biometric information (facial recognition information, fingerprints, etc.) and other sensitive information of a personal information subject, you acknowledge that you must observe the provisions of relevant laws, regulations and national standards. You hereby guarantee:
Before collecting and handling sensitive personal information, you shall evaluate its necessity and the impact on the personal information subject. If you cannot determine whether the necessity is sufficient, consult with the relevant authorities responsible for the protection of personal information. If compliance risks or security risks cannot be mitigated, you shall stop collecting and handling sensitive personal information.
Before collecting and handling personal information, inform the personal information subject in a concise and understandable manner about its purpose, method, scope, usage, retention period, as well as the ways and procedures for the subject to exercise his/her legal rights. When you collect and handle sensitive personal information, the necessity and its impact on the personal information subject shall also be informed.
You shall collect and handle personal information after obtaining the consent of the personal information subject. When you collect and handle sensitive personal information, you shall obtain the separate consent or valid written consent of the personal information subject or his/her guardian (if the subject is a minor).
You shall strictly observe the authorization scope agreed by the personal information subject. After the purpose is achieved, delete or anonymize the personal information.
Properly keep your username and password of the service, limit sub-user’s permissions to access and process personal information, so as to protect your personal information from leakage, damage and loss.
The information that we collect from you may be transferred to serves maintained outside your country (and, for individuals located in the EU, outside of the European Economic Area)-including Singapore, Frankfurt, Vietnam, and USA. If you connect overseas smart devices (such as network camera) to BSS Mobile platform, or use or access the service overseas, it may involve cross-border transmission of personal information of the personal information subject. Before conducting cross-border transmission of personal information (if any), you shall comply with local personal data/privacy protection laws, regulations, and other regulatory requirements.
You are solely responsible for all consequences and responsibilities caused by your actions in violation of laws, regulations, departmental rules or national policies. If your actions adversely affected us such as infringement, violation of law, etc., you are liable for our direct or indirect losses resulting from your actions.
We reserve the right to upgrade and adjust the content of the service at any time. The upgrade and/or adjustment of the service may require the upgrade of the client software and/or software of terminal devices. We may also separately upgrade the client software, software of terminal devices, etc. We will publish or notify you by website notice, website message, email, or in other written forms. You shall upgrade the involved software as instructed. In the event of network attacks, losses or other adverse consequences due to the failure to upgrade timely, you agree to assume all the risks. Users who do not upgrade in time will not be able to use the functions provided in the new version, and we do not guarantee the continued availability of the old version. Users agree to bear the above risks.
V. Value-Added Service and Payment
We will provide various Internet and communication related value-added services, including free and charged services. We reserve the right to charge service fees, change fee rates and charging methods. If a service is changed from free to paid, we will notify you in an appropriate form, and you can choose to accept or reject it. And should you accept it, you agree to pay service fees according to our fee rates. If you refuse or default on the payment, we have the right to stop the service and seek compensation in accordance with the law.
We do not provide any service to minors under the age of 14 (or the minimum age under the applicable law in the jurisdiction). If we found any account is related to or is registered by a minor under the age of 14 (or the minimum age under the applicable law in the jurisdiction), we will immediately delete the relevant account information. If we found we collected personal information of minors without prior verifiable parental consent, we will try to delete the relevant data as soon as possible.
If you are the parent or guardian of a minor under the age of 14 (or the minimum age under the applicable law in the jurisdiction), and you believe that the minor has disclosed her/his personal information to us, please contact us immediately using the contact information of our local company. Parents or guardians of minors under the age of 14 (or the minimum age under the applicable law in the jurisdiction) can check and ask us to delete the minor's personal information and prohibit us from using it. In cases where we collect personal information of minors with the consent of the parents/guardians, we will use or publicly disclose the information only when permitted by law, expressly allowed by the parents or guardians, or when necessary to protect the minors.
VII. Intellectual Property Rights
All the contents contained in the service, including but not limited to text, chart, architecture, information, audios, videos and/or software (including but not limited to chart, animation, audios, videos, UI, data and programs, codes, documentation in the software) and other information or materials are owned by us or the legal rights holders who authorize our company to use, and are protected by copyright law, trademark law and/or other laws and regulations. Except for the limited rights to use the service and the rights stipulated in this agreement, you shall not use, copy, change, rent, lease, sale, disseminate, release or publish such information or materials without prior written consent from the relevant rights holders. You shall not duplicate, translate, decompose or decompile the relevant software in the service, shall not reverse engineer or transform the target codes in any way or attempt to transform the source code.
This agreement does not authorize you to use any trademark, service mark, logo, domain name, or any other brand features of our company.
We have the right to stop offering the service and products upon finding your violation of this agreement, and has the right to resort to law and claim compensation for all losses.
VIII. Third-party Software or Technologies
The service may use third-party software or technologies (including open source code and public domain code that the software may use, the same below) that have been legally authorized. If any third-party software or technology is used, we will provide the relevant agreements or other documents in accordance with relevant regulations or agreements, which may be attached to this agreement, packaged in a specific folder of the software installation package, or displayed on the open source software pages, etc. They may be shown in Software License Agreement, Authorization Agreement, Open Source Code License, or in other forms. The above-mentioned agreements, other documents and web pages in various forms are an integral part of this agreement, and have the same legal effect as this agreement. You shall observe these requirements, or you may be subject to lawsuits, fines or other sanctions brought against you by the third party or government agencies, and you shall bear the relevant legal responsibilities.
Disputes arising from using the third-party software or technologies during the use of the service shall be resolved by the third party. We assume no responsibility except for valid judicial decisions. In addition, we do not provide customer service for third-party software or technologies. If you need any support, please contact the third party.
IX. Disclaimer/Limitation of Liability
You understand and agree that the service, like most websites and Internet software, may be affected by a variety of factors, including but not limited to user causes, network service quality, social environment, etc. The service may be affected by various security issues, including but not limited to illegal use of user information by malicious users for harassment in real life; other software that you downloaded and installed or other websites you visited may contain viruses, Trojan horses or malware and threat the security of information and data on your terminal devices and affect the normal use of the service, etc. Therefore, you should strengthen your awareness of information security and personal information protection, take good care of your password to avoid losses.
It is joint responsibility of both parties to maintain the security and normal use of the website and software. We will make necessary and reasonable technical efforts prudently to protect the security of your information and data in accordance with industry standards, but you acknowledge and agree that we cannot guarantee results in this regard.
The service may contain products or services provided by third parties. When using products or services provided by third parties, in addition to this agreement, you shall also observe the corresponding third-party user agreements. We and the third party bear the respective responsibilities for the possible disputes in accordance with the scope stipulated by law and agreed by both parties.
You understand and agree that the use of the service or the acquisition of any materials or contents through the service is based on your independent judgment. Any advice or guidance we may provide regarding the ordering or use of the service does not replace your independent judgment at any time, and shall not be construed as our guarantee or warranty. You shall assume all the risks arising from foregoing behaviors, including risks arising from the reliance on the accuracy, completeness or usefulness of the content, etc., for which we cannot and will not be liable unless there is a valid judicial decision.
You agree that we are not liable for any interruption or termination of the service due to force majeure, including natural disasters, changes of laws and regulations or government orders, and factors specific to Internet service, such as failures of domestic and overseas telecommunications operators, computer or Internet related technical defects, limited Internet coverage, computer viruses, hacker attacks, etc. as well as other unforeseeable, unavoidable and insurmountable objective situations within the legal scope.
X. Dispute Resolution
This agreement shall be governed by laws of the People's Republic of China, and shall exclude all the principles of conflict of laws.
This agreement is signed in Binjiang District, Hangzhou, Zhejiang. In the event of any dispute, both parties agree to submit the dispute to the people's court with jurisdiction where the agreement is signed. In the event of any conflict between a separate agreement and this agreement about the jurisdiction, the separate agreement shall prevail if applicable.
If any term of this agreement is deemed void, invalid or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms of the agreement.
We may send you various rules, notifications and prompts and other information regarding the use of the service in one or more ways, such as website notice, website message, e-mail, SMS message, regular mail delivery, and account internal message. Once sent, such information is deemed to be delivered and binding on you. If you do not accept, please stop using the relevant services immediately and notify us in writing. If you do not receive relevant rules, notifications, prompts and other information due to incorrect information you provide such as email address, mobile phone number, or mailing address, you agree that you are still deemed to have received the relevant information and are bound by it, and that all the consequences and responsibilities shall be borne by you.
Our failure to exercise, fail to exercise in time, or failure to fully exercise its rights stipulated in this agreement or as per applicable law shall not be regarded as a waiver of such rights, nor shall it affect us exercising such rights in the future. The headings, abbreviations or definitions in this agreement are for convenience only and shall not be used as a basis for the interpretation of this agreement. If you have any questions about this agreement, please contact our customer service center, we will give you necessary explanation or help in time.
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