(Including: Software License Agreement Service AgreemPLAYFIT Please read carefully and fully understand the software license and service agreement (this "agreement").Users should read carefully and fully understand the terms of this agreement, especially those concerning exemptions or limited liability, dispute resolution and applicable laws. Please read the terms of exemption or limited liability in bold. Please read and choose to accept or not accept this agreement (minors should be accompanied by their legal guardians when reading this agreement). By downloading, installing and using the software, and accessing and logging into your account, it means you accept this Agreement and agree to be bound byPLAYFIT reserves the right to modify this agreement. If the terms of this agreement are updated, it will be published on the official website, application store or software and will take effect from the date of publication.Major application stores re-download and install software or view the latest version of this agreement.After PLAYFIT modifies the terms of this agreement, if you do not accept the revised terms, please stop using "PLAYFIT" software and services immediately provided by PLAYFIT; users continue to use "PLAYFIT" software and services will be deemed to accept the revised terms of this
1. General Terms
- 1.1. This Agreement is for you (hereafter referred to as "User") and PLAYFIT and its operating partners (hereinafter referred to as "Partners") for the User to download, install and use the PLAYFIT Software. "PLAYFIT" (hereinafter referred to as "Software"). ") and the agreement to use PLAYFIT related services.
- 1.2. Software and Services Provided by PLAYFIT and installed on mobile smart terminal devices, including but not limited to, to synchronize data collected by VeryFit Plus products and track athletic information.
- 1.3 Ownership and operating rights of software and services shall belong to PLAYFIT.
2. Software license scope
- 2.1.PLAYFIT grants users personal non-transferable and non-exclusive licenses to use the software, but the user does not have the right to re-license.
- 2.2. Users may install, use, display and execute software for non-commercial use on a single mobile terminal device. However, users must not install, use, or execute software for commercial operations. The user must not copy, alter or modify any data of the software or any data sent to the memory of any terminal device when the software is executed, and interactive data generated between the end user and the server when the software is executed, or use the plug-in to execute the software, or any Form any derivative work (including but not limited to plug-ins), or access software and related systems through unauthorized third-party tools/services. If you need to sell, copy or distribute software for commercial purposes, such as software pre-installation or bundled sales, you must obtain written authorization and permission from PLAYFIT.
- 2.3. Users may not install the software on other terminal devices not expressly permitted by PLAYFIT and without the permission of PLAYFIT, including but not limited to set-top boxes, game consoles, televisions, DVD players, etc.
- 2.4. Users may store copies of the software in order to use the software and services, but only for backup purposes. The backup copy must contain all copyright data of the original software.
- 2.5. Unless expressly authorized by this agreement, PLAYFIT does not grant users other rights. If the user intends to use any other rights, written consent of PLAYFIT should be obtained in advance.
3. Software acquisition, installation and upgrade
- 3.1. Users should download and install the software from the website designated by PLAYFIT or as specified by it. Please be careful not to download software on non-designated websites in order to prevent mobile devices from being infected with malicious software that may damage user data and obtain user privacy data. If you acquire software or an installer with the same name as the software from a third party that is not authorized by PLAYFIT, PLAYFIT cannot guarantee its normal use, and PLAYFIT will not be liable for any loss caused to you.
- 3.2. The user must select the software version that matches the installed terminal device. Otherwise, any software problems, device problems or damage caused by the inconsistency between the software version and the device model will be borne by the user.
- 3.3. In order to improve user experience and optimize service content, PLAYFIT reserves the right to provide replacement, modification and upgrade versions of software, and reserves the right to charge for replacement, modification or upgrade, but such fees will obtain your prior consent. By default, the software enables the "upgrade prompt" function for the user. Depending on the software version used by the user, PLAYFIT allows the user to decide whether to enable the above functions. After the release of the new software version, PLAYFIT does not guarantee that the old version of the software will continue to be used.
- 4.1. Users' use of software and services is subject to this agreement and the law. Users may not engage in the following activities:
- 4.1.1. Delete any copyright information of software and other copies, or modify, delete, or circumvent the technical measures taken by software to protect intellectual property rights;
- 4.1.2. Perform reverse engineering of the software, such as cracking, decompiling or other attempts to obtain the source code of the software;
- 4.1.3. Add, delete or change the function or performance of the software by modifying or forging instructions and data during software execution, or otherwise operating the software or communicating it to the public for such purposes, whether for commercial use or not ;
- 4.1.4. Use software to perform any acts harmful to network security, including but not limited to: use of unauthorized data or access to unauthorized servers/accounts; unauthorized access to public networks or other operating systems, and Delete, modify, or add any stored data; attempt to detect, scan, or test the weaknesses of the software system or network or perform other actions that damage the network security without authorization; attempt to interfere with or disrupt the normal operation of the software system or website, intentionally disseminate Malware or viruses, or other actions that disrupt or interfere with normal network information services; falsified the name or partial name of a TCP/IP packet;
- 4.1.5. Users log in or use software and services, or create, publish, or distribute these tools through third-party compatible software or systems that are not developed, licensed, or approved by PLAYFIT;
- 4.1.6. Without the written permission of PLAYFIT, the user performs any operation on the software or the data contained therein, including but not limited to use, lease, loan, copy, modify, establish link, remake, edit, release, publish, establish Mirroring points or unauthorized use of software development-related derivative products, works, services, plug-ins, compatibility or interconnection;
- 4.1.7. Use software to publish, transmit, broadcast, or store content that violates national laws, endangers national security, reunification of the motherland, social stability, or public order, or any inappropriate, insulting, obscene, or violent content, or violates national laws and regulations Content;
- 4.1.8. use software to publish, transmit, broadcast, or store content that violates the legal rights of others' intellectual property and trade secrets;
- 4.1.9. Use software to bulk publish, transmit or broadcat advertising data or spam;
- 4.1.10. Use software and other services provided by PLAYFIT in any way that is illegal, for any unlawful purpose or in any manner inconsistent with the use of the license under this Agreement;
4.2. Terms of dta release
- 4.2.1. You may use the software to publish data that you have created or that you are authorized to post, such as opinions, data, text, data, user names, pictures, photos, personal data, audio or video files, links, etc. You must ensure that you have intellectual property rights or have obtained statutory authority over the uploaded data, and that your use of the software and services will not infringe the legal rights or interests of any third party.
- 4.2.2. When using the software, you must comply with the relevant laws and regulations
- 18.104.22.168. Distribute, transmit, broadcast, or store content that violates others' legitimate rights such as reputation rights, portrait rights, intellectual property rights, and trade secrets;
- 22.214.171.124. Fabricate facts or conceal the truth to mislead or deceive others;
- 126.96.36.199. Post, transmit or broadcast advertising data or spam;
- 188.8.131.52. Engaging in other violations of laws, regulations, policies, public order, social ethics, etc.
- 4.2.4. You may not carry out any commercial activities in the Software, such as advertising or selling merchandise, without the permission of PLAYFIT.
4.3 You understand and agree:
- 4.3.1.PLAYFIT will judge whether the user is suspected of violating the above-mentioned usage specification, and suspend or terminate the license granted to you based on the judgment result, or take other restrictive measures according to this agreement;
- 4.3.2.PLAYFIT will delete any data suspected of being illegal directly or infringing the legal rights of others or in violation of this agreement when the user uses the licensed software;
- 4.3.3. If you violate the above rules of use and cause damage to a third party, you are solely responsible in your own name and protect PLAYFIT from any resulting loss or cost;
- 4.3.4. Any and all damages, third party claims, administrative penalties, damages and/or expenses (including reasonable attorneys' fees, investigations, and evidence collection) that the user may cause or suffer from any violation of the law or breach of this Agreement.) Provide indemnity and protect PLAYFIT from loss.
- 5.1. PLAYFIT attaches great importance to the protection of personal data. To provide software functionality and enhance the user experience, PLAYFIT collects the following types of data:
- 5.1.1. About Your Information: We may collect and use emails, avatars, nicknames, genders, birthdays, heights, weights, time zones, languages, and regions. This data will be used to create your account.
- 5.1.2. Personal Body Data: After starting PLAYFIT, we need you to provide birthday, height, weight, and gender data to calculate your exercise results.
- 5.1.3. Device Logging Data: When you use PLAYFIT to synchronize device data, we record personal information, including but not limited to activity information, sleep, heart rate data.
- 5.1.4. Incoming call information: When you use the incoming call and SMS alert function, you will get the status of incoming call and SMS. If you are allowed to obtain call contact information, the contact data will be displayed when the device receives calls and text messages. However, PLAYFIT does not store your contacts and other related information.
- 5.1.5. Mobile phone information: When you use PLAYFIT, we need to get your mobile phone operating system version and mobile phone brand model in order to determine whether to support your mobile phone.
- 5.1.6. Network Usage Data: We may collect network types, network signals, etc. related to the PLAYFIT specific features.
- 5.1.7. Location Data: When you use location-based program services or features, we may collect your location data. For example, when you track running information with the PLAYFIT Running mode feature, use location-based broadcasting, use location-optimized weather features, or request map information, your location information may be sent back to PLAYFIT so that PLAYFIT can provide you with real time accurate content.
- 5.1.8. Log information: When you browse the PLAYFIT server, our server will automatically record a number of record data, including but not limited to: IP address, browser type, browser language, reference source page, operating system, time stamp, and Click on streaming data.
- 5.1.9. Device Information: When you use PLAYFIT to connect hardware devices (including but not limited to) the device's unique identifier, firmware version, and approximate geographic data (non-personal data) will be sent to the server. The above data collection may also apply to your update system or software, restore factory settings, etc.
- 5.1.10. Debugging Information: When you choose to upload debugging information to help us analyze the problem, your debugging information will be transmitted to the server.
6. Service Risk and Disclaimer:
- 6.1. The user must purchase the necessary devices for Internet access, and use the telecommunications value-added services through the mobile terminal device, and bear the personal communication terminal device connected to the Internet or the communication fees collected by third parties (including but not limited to telecommunications and mobile communication operators), data costs and related expenses. If you need any telecommunication value-added services, we suggest that you confirm the charges with the telecommunications value-added service operators.
- 6.2. Neither PLAYFIT nor its partners are liable for any loss to users due to third-party reasons such as communication network failures, technical issues, network or mobile terminal device malfunctions, system failures, and various other force majeure factors.
- 6.3. This software, like most other internet software, may be affected by a number of factors, including but not limited to user reasons, the quality of web services, social environment differences, etc., and may also be plagued by various security issues, such as otherrs use the user data leads to nuisance to real life; other software downloaded or installed by users, or other websites browsed by users with “trojans” and other viruses endanger the data and data security of the user’s terminal devices, thereby affecting the software’s Normal use. Users should strengthen their awareness of information security and user data protection, and pay attention to strengthening password protection to avoid loss and nuisance.
- 6.4. When the user uses this software, or requests PLAYFIT to provide a specific service, the software may call a third-party system or software to support the user's use or access. Use or access to the results will be provided by a third party. PLAYFIT does not guarantee the safety, accuracy and effectiveness of the results obtained by supporting system or software, nor does it guarantee any other uncertain risks; if any dispute or loss arises as a result, PLAYFIT will not assume any responsibility.
- 6.5 PLAYFIT is particularly pleased to note that in order to protect the company's business development and adjust the autonomy, PLAYFIT reserves the right to change or suspend the service at any time without notice and without any liability to the user or any third party.
- 6.6. In addition to those stipulated by laws and regulations, we will do our best to ensure that the software and related technologies and information are safe, effective, accurate and reliable; based on the existing technical limitations, users understand that PLAYFIT cannot guarantee.
- 6.7. Users shall be solely responsible for personal injury, accident or consequential loss for loss of profits, loss of data, business interruption or other commercial damage resulting from or related to the following reasons. Related situations include but are not limited to:
- (1) Use or failure to use licensed software
- (2) Unauthorized use of the software by third parties or modification of user data;
- (3) Costs and losses incurred by users during the use of the software;
- (4) User misunderstood the software;
- (5) Other losses related to this software that are not caused by PLAYFIT
- 6.8. If the user or other software user takes any action through the software, or if the user is misled or fraudulent, it will lead to any personal injury or property loss,the faulted party shall bear all the responsibilities arising therefrom.
7. Intellectual Property Declaration
- 7.1.PLAYFIT is the intellectual property holder of this software. Copyright, trademarks, patents, trade secrets and all other intellectual property rights related to the software, and all information related to the software (including but not limited to text, images, audio, video, graphics, interface design, configuration, data or electronic documents Etc) are protected by the laws of the People's Republic of China and corresponding international agreements. PLAYFIT has the above intellectual property rights.
- 7.2 Without the prior written consent of PLAYFIT, the user may not use or transfer any of the above-mentioned intellectual property rights for any commercial or non-commercial purpose independently or allow any third party to use it. PLAYFIT reserves the right to pursue legal liability for such conduct.
- 8.1.PLAYFIT reserves the right to amend the terms of this Agreement from time to time in its sole discretion and any such revised terms will be posted on the relevant webpage in a timely manner. If you do not agree with any amendment, you should take the initiative to cancel the relevant service. If you continue to use the service, you are deemed to have accepted the revised agreement.
- 8.2. PLAYFIT or Partner reserves the right at its sole discretion to modify or change the paid service, charging standard, charging model, service fee or terms of service provided by it from time to time. When it comes to providing services, PLAYFIT may start charging users for certain current or future expenses. If the user refuses to pay such fees, he will not be able to continue to use the related services after the start of billing. PLAYFIT and partners will use their best efforts to inform users of any corrections or adjustments by email or other means.
9. Applicable Law and Dispute Resolution
- 9.1. The validity of this agreement and its interpretation are governed by the laws of the People's Republic of China. If no relevant legal provisions exist, you can refer to international commercial measures and/or general commercial measures.
- 9.2. This agreement was signed in Shenzhen Longhua District.
- 9.3. Both Users and PLAYFIT agree that all disputes arising from this service shall be settled through mutual negotiation. If the dispute cannot be resolved through consultations, either party may appeal to the dispute with the local court of jurisdiction where the agreement was signed.
10. Other matters
- 10.1. For any specific service of the software, or the existence of independent agreements and related commercial terms (hereinafter collectively referred to as “independent agreements”), please read and agree to the relevant independent agreement before using these specific services.
- 10.2. This Agreement shall become effective on August 16th, 2019.
- 10.3. The headings of all clauses of this Agreement are for ease of reference only and should be ignored when interpreting this Agreement.
- 10.4. If any provision of this Agreement is invalid or becomes invalid or unenforceable for any reason, the other terms of this Agreement shall remain in full force and shall be binding on both parties to this Agreement.