Service Agreement of KEEYO Smart
Welcome to KEEYO
Smart!
Before accepting the Agreement, you are supposed to
thoroughly read all contents of the Agreement, 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 the Agreement, please contact relevant business
department of KEEYO Smart. You are not allowed to use the service before you have
read and accepted all terms of the Agreement, relevant agreements and rules,
etc. Once you select "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, KEEYO Smart 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 KEEYO Smart. It includes (but not limited to) KEEYO Smart Privacy Policy and
other contents. In case of change, KEEYO Smart will announce by means of the licensed software sending
a message 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 KEEYO Smart'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 KEEYO Smart, downloaded and installed and applied in specified system mobile
terminals.
1.2 Services refer to services provided for you by KEEYO Smart and its
suppliers. You can use such services on the mobile terminal with the licensed
software.
II. Service
2.1 KEEYO Smart offers you intelligent life equipment management
services, based on which you can access the intelligent terminals on KEEYO Smart and its suppliers' smart platform through the KEEYO
Smart 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 KEEYO Smart 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 KEEYO Smart shall be obtained.
3.4 KEEYO Smart and its suppliers 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 KEEYO Smart in time, and KEEYO Smart 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 KEEYO Smart and its
suppliers 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. KEEYO Smart and its suppliers neither controls nor bears
responsibility for information and services of the third party.
4.3 You acknowledge that KEEYO Smart and its suppliers 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) KEEYO Smart 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) KEEYO Smart 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 KEEYO Smart from losses or
additional expenses generated therefrom. Otherwise, KEEYO Smart has the right to claim
compensation.
4) If KEEYO Smart and its suppliers suffers from any loss due to your
breach of relevant laws or the Agreement, you shall compensate KEEYO Smart and its
suppliers 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 KEEYO Smart to protect your personal
information. KEEYO Smart prepares KEEYO Smart Privacy Policy, 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 KEEYO Smart Privacy Policy.
VIII. Exception Clauses
8.1 Unless otherwise specified in laws and regulations, KEEYO Smart will do its best to ensure the security, validity, accuracy and
reliability of the licensed software and technologies and information involved,
but KEEYO Smart is unable to guarantee the same due to restriction by
available technologies nowadays.
8.2 You understand that KEEYO Smart 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 KEEYO Smart.
8.4 Any other licensed software-derived software not developed and released by KEEYO Smart or the development and release are not granted by KEEYO Smart is illegal software. Downloading, installing and using such software may
cause unpredictable risks. KEEYO Smart shall be free from legal responsibilities and disputes
generated therein and KEEYO Smart 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 KEEYO Smart and its supplier's smart platform involves in Internet service, which may
be affected by unstable factors in all links. Although KEEYO Smart 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 KEEYO Smart 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 KEEYO Smart's services. KEEYO Smart 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 KEEYO Smart's related companies. Breach of terms, agreements, rules,
annunciation and other relevant regulations of KEEYO Smart and its related companies may
cause failure in normal usage of licensed software, in which case, KEEYO Smart shall be
entitled to terminate the application license, or take measures to restrain
your application license or other rights and interests controlled by KEEYO Smart 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 KEEYO Smart, KEEYO Smart and its suppliers 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 KEEYO Smart and its
supplier's treatment is required, KEEYO Smart 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 KEEYO Smart 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 Dispute arising from or in connection with the
Agreement may be settled by you and KEEYO Smart through friendly negotiation or
submitted to People's Court of Please enter
your company address where the Agreement is
signed for adjudication.
10.3 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 KEEYO Smart shall perform the valid terms in
good faith.
10.4 The Agreement is signed in Malaysia.