Before using Smartmi products and devices ("products"), you must read carefully, accept, and agree to be bound by the terms and conditions of this User License Agreement ("Agreement").
Smartmi Communications Co., Ltd. ("Smartmi" or "we") will always respect and strictly protect the legitimate rights and interests of our users while they are using our products.
This product includes but is not limited to Smartmi software and related hardware items which are all developed by Smartmi.The related intellectual property rights (including all copyright, patent rights and trademark rights, etc.) belong to Smartmi.
This Agreement is legally binding to product users. You therefore fully agree with the terms and conditions of this Agreement. New users of this product will be deemed as having accepted this Agreement. Please read carefully all the terms and conditions of this Agreement, including the exclusion and limitation clauses relevant to both Smartmi and the users (minors must be accompanied by a parent or adult guardian while reading the Agreement). If you cannot accept all the terms and conditions of this Agreement, do not start using this product. (If you have already purchased the hardware products, but do not accept all the terms and conditions of this Agreement, go to http://www.zhimi.com learn about the return policy.)
The user may use the products without creating an account. If you want to use all the features of the products, you need to create a Smartmi Account and sign in to it.
Personal information should be provided while creating the account. You must promise and guarantee that:
- 1.1.1 All the registration information you provide is truthful and accurate.
- 1.1.2 Your act in accordance with the law while using the products.
- 1.1.3 You can terminate and delete your Smartmi Account at any time.
According to the provisions of article 5 of this agreement, your account will be retained or terminated. You must promise to keep your login information confidential and unavailable to other individuals. In addition, you will be responsible for all your actions when using this account. You must inform us of any illegal behavior, unauthorized use or suspected unauthorized behavior. This product will not be held liable for any loss caused by your failure to comply with the above requirements.
1.2 Speed boost and troubleshooting services.
In some situations the product will test network access in case you grant it the permission to do so. This is designed to help you speed up the network connection and implement troubleshooting services when necessary. Relevant tests are performed by a software program, and aren’t monitored by humans. This software program is designed to analyze and adapt third-party content or webpages you are opening. We promise to keep the details regarding your use of this product confidential.
2. End user agreement
According to the provisions of this agreement, this product will grant you the following nontransferable, non-exclusive licenses:
- 2.1.1 The right to use this product.
- 2.1.2 The right to download, install and use this product on your network communication equipment, computers, and mobile communication devices.
2.2 Restrictive clauses
You will be subject to the following restrictions:
- 2.2.1 You should not use this product for selling, leasing, transferring, distribution, or other commercial purposes.
- 2.2.2 Unless prohibited by law from such restrictions, you may not modify, translate, adapt, merge, utilize, dismantle, reconstruct, reverse compile or reverse engineer any part of this product or its derivatives.
- 2.2.3 You may not use the product for creating similar or competitive products and services.
- 2.2.4 Unless explicitly ruled by law, you may not manufacture, copy, distribute, sell, download, or display the product or any part of this product.
- 2.2.5 You may not remove or destroy any copyright statement or ownership tag contained in this product.
2.3 Ownership rights
- 2.3.1 Smartmi will allow you to use and download this product.
- 2.3.2 Smartmi (as well as its "representatives", if any) owns all the relevant intellectual property rights to this product.
You must pay for the products, personal Internet access (including but not limited to fees charged by the Internet service providers), content, and other related items. In terms of telecommunication value-added services, we recommend that you confirm the relevant costs with a value-added service provider.
2.5 Any updates or future versions of this product, and any updates or other changes will be subject to the provisions of this Agreement.
3. User content
3.1 User content
- 3.1.1 User content refers to the content created when downloading, publishing, or using this product in other ways (e.g., information, images, music, or other content).
- 3.1.2 You are the only person in charge of your content. You will bear the risk of you and any third party being identified as a result of user information disclosure.
- 3.1.3 You have agreed that your user content is limited by article 4.
- 3.2.1 The suggestions you offer to Smartmi (also referred to as "feedback") shall be deemed as a transfer of all rights of the feedback and you agree that Smartmi has the right to use this feedback or any related information in a reasonable manner. We will treat this information as non-confidential and non-proprietary;
- 3.2.2 You have agreed that you will not offer any information to Smartmi that will be considered as confidential and proprietary.
3.3 We reserve the rights of users to share (but not be obliged to share) content based on our judgement.
Whether we inform you or not, we have the right to delete the content shared by our users at any time and for any reason. According to article 5, we have the right to retain or terminate your account.
4. Limitation of rights
4.1 You have agreed to use the related services of this product. During the process, you will be held fully liable for the risks incurred by the following actions:
- 4.1.1 Breaking the principles set by the Constitution.
- 4.1.2 Jeopardizing state security, divulging state secrets, subverting state power, and undermining national unity.
- 4.1.3 Causing damage to the nation's honor and interests.
- 4.1.4 Inciting ethnic hatred, ethnic discrimination, and undermining national unity.
- 4.1.5 Undermining the country's religious policy, promoting cults and feudal superstitions.
- 4.1.6 Spreading rumors, disturbing social order, and undermining social stability.
- 4.1.7 Promoting obscenities, pornography, gambling, violence, murder, terrorism, or abetting crime.
- 4.1.8 Insulting or slandering others, or infringing upon the lawful rights and interests of others.
- 4.1.9 Storing other content that is prohibited by laws and administrative rules and regulations.
4.2 You have agreed to refrain from carrying out the following actions:
- 4.2.1 Release or share computer viruses, worms, malicious code, or software that deliberately vandalizes, destroys or changes the computer system's software or data.
- 4.2.2 Collect the information or data of users without their authorization or consent (e.g., email addresses, etc.).
- 4.2.3 Use this product maliciously in an automated way with the aim of putting an excessive burden on the server, interfering with or damaging the web server and networks in other ways.
- 4.2.4 Attempt to access the product server data or communication channels without permission.
- 4.2.5 Interfering or undermining other users when using the product.
5. Modification and termination
- 5.1.1 Changes are allowed for this Agreement. If there is any change in this Agreement, we will inform you via email or via the product's official website (http://zhimi.com). If you continue using this product after the notice about the change, it will be considered that you have understood the change and agree to accept the related terms.
- 5.1.2 Smartmi reserves the right to modify, reserve or terminate any service at any time without notice.
- 5.1.3 You have agreed that Smartmi will not be held liable to you or any third party for the modification, retention, or termination of this product.
- 5.2.1 This Agreement takes effect from the date of your acceptance, and will remain effective until the termination of this Agreement;
- 5.2.2 Despite foregoing regulations, if you use this product before you accept the Agreement, the Agreement will take effect from the moment you have started using the product, unless it is terminated according to the Agreement.
- 5.2.3 We may, according to the provisions of the law, revoke your right to use this product or your account rights. Whether we inform you or not, we may terminate this Agreement at any time for any reason, including the situations when we think that you violated the any terms or conditions of this Agreement without intending to do so.
- 5.2.4 Without being subject to the revisions of the preceding paragraph, if the user has infringed the copyright of the third party or the notice from the legal agent of the copyright owners, Smartmi reserves the right to terminate this Agreement;
- 5.2.5 Once this Agreement has been terminated, your user rights of this product will be terminated. Be aware that the termination means your user content will be deleted from our databases. Smartmi will not be held liable for the termination of this Agreement including the termination and removal of your user account.
6. Third parties
6.1 You already acknowledge and agree that a part of our services is being conducted with the support of third parties.
You are already aware that this Agreement is between you and Smartmi, and not between you and third parties mentioned above. Smartmi is the only party which can deal with the content, maintenance, support services, guarantees and related legal disputes concerning the product. You have agreed to comply with the Agreement and authorize this product to restrict your use of the product's services.
6.2 Third party information and services
- 6.2.1 A part of information and services in this product are provided by third partyies. Smartmi does not control and is not responsible for the information and services of the third parties.
- 6.2.2 Smartmi provides such information and services for your convenience or following the requirements of the third party.
- 6.2.3 The user shall bear all the risks related to using third party information and services.
- 6.2.4 When users get access to the third party information and services, they are subject to the third party's terms and policies.
6.3 Other users
- 6.3.1 This product contains user content offered by other users. This product does not control or assume legal responsibility for the user content. This product is not obliged to check, monitor, examine, approve, promise or guarantee user content. You must bear the legal responsibility for the risks related to using user content and interacting with other users.
- 6.3.2 Interaction with other users is the relationship between you and other users. This product does not assume any legal liability for such behavior. You have agreed that this product does not assume any legal responsibility for such interactions.
7.1 You have agreed to use this product in a harmless way to avoid any complaints, litigation, loss, damage, liability, costs and expenses (including attorney fees) from third parties for the following items.
- 7.1.1 Your behavior while using this product.
- 7.1.2 User content.
- 7.1.3 User’s violation of this Agreement.
7.2 Smartmi reserves the right of exclusive defense and claim for compensation.
7.3 Unless you have received written consent from Smartmi, you agree that you shall not unilaterally settle with a third party in a legal dispute with Smartmi.
7.4 Smartmi will make every effort to inform you of such litigation, litigation behaviors, or processes.
7.5 This product does not under any circumstances assume any responsibility for you or any third party being damaged indirectly, consequentially, punitively, incidentally, or otherwise. The risk of damage to a computer system or mobile communications equipment caused by accessing and using this product will be borne by you personally.
8.1 If the following situations occur, we do not assume any legal responsibility:
- 8.1.1 Your personal information shall be provided according to the laws and regulations or the requirements of the relevant government structures.
- 8.1.2 Information leak due to any improper use by the user.
- 8.1.3 Service interruptions, blockage and other situations which do not meet the requirements of the user due to a hacker attack, computer virus invasion, illegal content, shielding of harassing information, government control, and problems relating to technology or communication channels, and other network information security management.
- 8.1.4 Damage caused by communication channel errors, technical problems, network or computer errors, instability and force majeure.
- 8.1.5 Using this product may incur risks caused by anonymous or pseudonymous threats, defamation, offensive behavior, or generation of illegal content.
- 8.1.6 It is clearly stated that we will not guarantee the promptness, security, or accuracy of the product explicitly, implicitly or in any other form.