Service agreement of Yunqi

Welcome to use Yunqi services! 

Before accepting this Agreement, please read the entire content of this Agreement carefully and fully understand the terms, especially the limitation or exemption terms. The limitation or exemption terms will be in bold or other eye-catching forms for your reminder. If you have any questions about the terms of this Agreement, please contact the relevant business department of Yunqi for consultation. You have no right to use the service unless you have read and accepted all the terms of this Agreement and related agreements and rules. Once you have completed the registration process (see the registration page for the specific expression), or you have used the services in any way, it is deemed that you have read and agreed to the limitation of above-mentioned agreement, rules, etc. If you have any violation of this Agreement, Yunqi has the right to unilaterally take measures to limit, suspend or terminate the services to you at any time according to your violation, and has the right to investigate and affix your relevant responsibilities.

This service agreement (hereinafter referred to as "this Agreement") is jointly signed by you and Shenzhen Yunqi Intelligence Co., Ltd., including but not limited to: Yunqi Privacy Policy and other contents. In case of any change, Yunqi will notify it by sending messages in the licensed software without further notice. Once the changed agreement and rules are published, they will automatically take effect and become a part of this Agreement without further notice. If you don't agree with the changes, please stop using Yunqi services immediately; if you continue to use it, it is deemed that you have no objection to the revised rules and agree to abide by them.

I. Terms and definitions

1.1. Licensed software: it refers to the software systems developed by Yunqi for you to download, and are limited to be installed and used in the system mobile terminal.
1.2. Services: it refers to services provided by Shenzhen Yunqi Intelligence Co., Ltd. and its suppliers. You can use the services on the mobile terminal through the licensed software.

II. Services

2.1. Yunqi and its suppliers provide you with intelligent life device management services. You can connect to the intelligent terminal of the cloud platform of Yunqi suppliers through the control of Yunqi, and realize the linkage between intelligent devices. The service content includes intelligent device management, scenario linkage, analysis report, etc. which may be optimized or modified according to the change of your demands or the unilateral judgment of the service providers, and temporarily suspended due to regular and irregular maintenance.

III. Scope of services

3.1. Subject to this Agreement, Yunqi offers you a right to use the licensed software.
3.2. You are not allowed to license, sell, lease, transfer or distribute the licensed software in any form, or use it for any other commercial purposes.
3.3. Due to the limitation of the adaptation platform and terminal of the licensed software, you can only use the licensed software on the authorized system platform and terminal devices. If you install the licensed software on other terminal devices, your hardware or software functions might be damaged. 
3.4. You should understand that the licensed software can only be used for non-commercial purposes and cannot be installed, used or operated for commercial operation purposes.
3.5. Yunqi and its suppliers will change, upgrade or transfer the licensed software and its related functions at intervals, and may add new functions or services to the licensed software system. If there are no independent agreements for the above-mentioned new functions and services, you can still obtain the authorization for the corresponding functions and services, which is applicable to this Agreement.
3.6. You should be responsible for the accuracy, reliability, integrity and legality of the data you input and the legality of the means you obtain the data, and you should back up the data and materials regularly. You shall bear all risks for the damage and loss of such materials.
3.7. You should keep your account and password properly. If you find security risks in your account (including but not limited to user password leakage), you should inform Yunqi in time, and Yunqi will assist you to take relevant measures. Otherwise, you will be responsible for all actions under your account, and bear all responsibilities.

IV. Third parties

4.1. You should be aware that part of the services provided by Yunqi and its suppliers may be based on the software or services provided by third parties. These services are set up for your convenience and are legally authorized by third parties.
 4.2. This product contains part of the information and services of the third party. Yunqi and its suppliers do not control information and services of third parties.
4.3. You should understand that Yunqi and its suppliers cannot guarantee that the licensed software will permanently use or include such third-party services, or that they will continue to use other software or services provided by the same third party in the future., Similar services provided by other third parties will possibly be adopted. Once the above-mentioned corresponding software or services are launched, this article also applies.

V. Use service specification

5.1.You should use the licensed software in accordance with the specifications, and the following ways are in violation of the use specifications: 1) Publishing or sharing computer viruses, worms, malicious code, software that intentionally destroys or changes computer systems or data; 2) Collecting information or data of other users, such as e-mail address, etc., without authorization; 3) Malicious use of this product in an automated way, causing excessive burden on the server or interfering or damaging the website server and network links in other ways; 4) Attempting to access the server data or communication data of the product without authorization; 5) Interfering and destroying the use of other users of this product.
5.2. You should understand and agree that: 1) Yunqi will determine whether you are suspected of violating the above-mentioned specifications, and suspend or terminate your usage license or take other restrictive measures agreed according to the results. 2) Yunqi will directly delete the information that you publish when using the licensed software, which is suspected to be illegal or infringe upon the legitimate rights of others or violate this Agreement. 3) For any damage caused to any third party by your violation of the above-mentioned use specifications, you need to bear the legal responsibility independently, and should ensure that Yunqi is free from any loss or increase in costs, otherwise Yunqi has the right to pursue recovery from you. 4) If you violate the relevant laws or the provisions of this Agreement and cause any losses to Yunqi and its suppliers, you shall be responsible for Yunqi and its suppliers’ losses and / or expenses incurred.

VI. Information content specification

6.1. You should promise not to use the service for any illegal or improper activities, including but not limited to:
6.1.1.Uploading, transmitting or sharing information containing one of the following contents: 1) Violating the basic principles established by the constitution; 2) Endangering national security, divulging state secrets, subverting state power and undermining national unity; 3) Damaging the honor and interests of the state; 4) Inciting ethnic hatred, ethnic discrimination or undermining ethnic unity; 5) Undermining the state’s religious policies and propagating heresy and superstition; 6) Spreading rumors, disrupting social order or undermining social stability; 7) Spreading obscenity, pornography, gambling, violence, murder, terror or abetting a crime; 8) Insulting or slandering others and infringing upon their legitimate rights; 9) Containing false, fraudulent, harmful, threatening, infringing others’ privacy, harassing, infringing, slandering, vulgar, obscene, or other repulsive contents;10) Other contents restricted or prohibited by applicable laws, regulations, rules, regulations and any norms with legal effect.

VII. Privacy policy and data

7.1. Protecting your personal information is important for Yunqi. Yunqi has formulated the "Yunqi Privacy Policy", which makes important disclosure on the ownership and protection of intellectual property rights, and the collection, use, sharing, storage, protection of your information and other aspects. It is recommended that you read the "Yunqi Privacy Policy" completely.

VIII. Exemption terms

8.1. Unless otherwise specified by laws and regulations, Yunqi will try its utmost to ensure the security, effectiveness, accuracy and reliability of the licensed software and the involved technologies and information. However, limited by the existing technology, Yunqi cannot guarantee this.
8.2. You should understand that Yunqi is not responsible for your direct or indirect losses caused by force majeure and third party reasons.
8.3. You should bear the responsibilities of personal injury or incidental or indirect damages caused by or in connection with any of the following circumstances: 1) Unauthorized use of the licensed software or change of your data by a third party; 2) Expenses and losses arising from the use of licensed software; 3) Your misunderstanding of the licensed software; 4) Other losses related to the licensed software not caused by Yunqi.
8.4. Any other software derived from the licensed software that is not developed by Yunqi, or authorized and officially released by Yunqi, is illegal. Downloading, installing and using such software may lead to unpredictable risks, and the legal liabilities and disputes arising therefrom are unrelated to Yunqi. Yunqi has the right to suspend or terminate the license and / or all other services.
8.5. You should be aware that the use of cloud platform of Yunqi’s suppliers involves Internet services, which may be affected by unstable factors in all links. This service may be suspended, ceased, delayed, limited or failed due to inherent defects of Internet and electronic communication, as well as the time beyond the reasonable control of any party to this Agreement (including but not limited to fire, flood, terrorist attack, plague, natural disaster, riot, terminal virus, hacker attack, network failure, terminal failure). You hereby intentionally bear the above risks and agree that Yunqi does not have to bear any responsibility for you when the normal operation of the service is affected by the actual occurrence of the above-mentioned risk events.

IX. Termination of agreement and responsibility for breach of contract

9.1. You should understand that you need to use the licensed software according to the scope of authorization, respect the intellectual property rights of the licensed software and the contents contained in the licensed software, use the licensed software according to the specifications, and perform the obligations as agreed in this Agreement. If you seriously violate this Agreement, Yunqi will terminate your license and request you to bear the corresponding responsibilities.
9.2. Your use of the licensed software depends on the supporting services provided by Yunqi and its suppliers. If you violate the terms, agreements, rules, notices and other relevant provisions signed with Yunqi and its suppliers, you may not be able to use the licensed software properly. Yunqi has the right to terminate the license or take restrictive measures against your license and other rights and interests that can be controlled by Yunqi in the way agreed in the agreement, including suspending or terminating your license.
9.3. Once you violate this Agreement or other agreements signed with Yunqi, Yunqi and its suppliers have the right to take restrictive measures against your rights and interests, including suspending or terminating part or all of the services provided to you, and publicizing your detail of breach in accordance with the law on the website operated or actually controlled by Yunqi and its suppliers.
9.4. If the licensed software is downloaded by you from the download platforms, you need to abide by the agreement of the download platforms, system platforms and terminal manufacturers on the ways and restrictions of using the licensed software. If the above-mentioned third parties confirm that you have violated the agreement and need to be handled by Yunqi and its suppliers, Yunqi may terminate your license due to the request of third parties
9.5. Upon termination of this license, you shall stop using the licensed software and destroy all copies.
9.6. If you violate the terms of this Agreement and cause losses to Yunqi, its suppliers or other users, you must bear all the liabilities for compensation.

X. Governing law and severability

10.1. The validity, interpretation, modification, execution and dispute settlement of this Agreement shall be governed by the laws of the People’s Republic of China. In the absence of relevant laws, the general international business practices and / or industry practices shall be referred to.
10.2. Any dispute arising from or in connection with this Agreement may be settled through friendly negotiation with Yunqi or submitted to the people’s court with jurisdiction in the place where this Agreement is signed for adjudication.
10.3. When any provision of this Agreement is ruled invalid by the people’s court with jurisdiction, the validity of other terms or any part thereof shall not be affected, and you and Yunqi shall still perform it in good faith.
10.4. The place of signing of this Agreement is 1006 B13, Building 414, Bagualing Industrial Zone, Bagua 4th Road, Hualin Community, Yuanling Street, Futian District, Shenzhen.