Software License and Service Agreement

 

[Important Notice]

Chunmi Technology (Shanghai) Co., Ltd. (hereinafter referred to as "Chunmi") hereby reminds the user to carefully read and fully understand the Software License and Service Agreement (hereinafter referred to as "this Agreement"). The user shall carefully read and fully understand the terms of this Agreement, in particular those relating to the exemption or limitation of Chunmi's liability, dispute resolution and applicable laws. You should primarily read clauses about the exemption from or restriction of liability, which are in bold. Please prudently read the Agreement and choose to accept or not to accept the Agreement (a minor shall read the Agreement as accompanied by the legal guardian thereof). By downloading, installing, and using the software, as well as obtaining and logging into your account, you agree to accept this Agreement and to be fully bound by its terms.

Chunmi reserves the right to amend this Agreement. Updated terms of this Agreement will be published on the official website or software, and become effective from the date of publication. The user can re-download and install the software or view the latest version of the terms of the Agreement on the website. After Chunmi has amended the terms of this Agreement, if you do not accept the amended terms, please immediately discontinue using of the "TOKIT Water Filtration System 600R (Hot and Cold)" software and services provided by Chunmi; the user's continued use of the "TOKIT Water Filtration System 600R (Hot and Cold)" software and services provided by Chunmi will be deemed acceptance of the amended terms of this Agreement.

1. General Provisions

1.1. This Agreement is the agreement concluded by and between you (hereinafter referred to as the "User") and Chunmi and its operation partner (hereinafter referred to as the "Partner") concerning the User's downloading, installation and use of the "TOKIT Water Filtration System 600R (Hot and Cold)" software (hereinafter referred to as the "Software") of Chunmi and use of relevant services of Chunmi.

1.2. The Software and services are provided by Chunmi for installation on (including but not limited to) mobile smart terminal devices, to provide official drivers and Chunmi services for the User who uses the said smart terminal.

1.3. The ownership and operation right of the software and services belong to Chunmi.

2. Scope of Software Licensing

2.1. Concerning the Software, Chunmi grants the User a personal, non-transferable and non-exclusive license to use the Software without the right to sublicense.

2.2. The User can install, use, display and run the Software on a single mobile terminal device for non-commercial purposes. However, the User shall not install, use, or run the Software for commercial operation purposes. The User shall not copy, alter, or modify any data of the Software, or any data released to the memory of any terminal device during the running of the Software and the interactive data generated between the client and the server during the running of the Software, or run the Software with plug-ins, or create any derivative work in any form, including but not limited to plug-ins, access to the Software and related systems through unauthorized third-party tools/services. If you need to sell, copy or distribute the Software commercially, e.g. software pre-installation and bundling, you must obtain the written authorization and license from Chunmi.

2.3. Without the permission of Chunmi, the User shall not install the Software on other terminal devices that are not expressly permitted by Chunmi, including but not limited to set-top boxes, game consoles, televisions, and DVD players.

2.4. The User may have one copy of the Software as backup for the purpose of the use of the Software and services. The backup copy must include all copyright information included in the original software.

2.5. Except as expressly authorized by this Agreement, Chunmi does not grant other rights to the User. If the User intends to use any other right, the written consent from Chunmi shall be obtained in advance.

3. Software Acquisition, Installation, and Upgrades

3.1. The User shall download and install the Software from the website or in the manner designated by Chunmi. Be aware not to download the Software on unspecified websites, so as to prevent mobile devices from being infected by malicious programs that can destroy user data and acquire user privacy information. If you acquire the Software or the installation program with the same name as the Software from a third party that has not been authorized by Chunmi, Chunmi cannot guarantee it will be used normally and Chunmi accepts no liability for any loss thereby caused to you.

3.2. The User must select the software version that matches the terminal device installed. Otherwise, any software problems, device problems or damages resulting from mismatch between the software version and the device model shall be solely assumed by the User.

3.3. In order to improve user experience and optimize service content, Chunmi reserves the right to provide replaced, modified and upgraded version of the Software, and also reserves the right to charge for such replacement, modification or upgrading, but will obtain your consent in advance for such charges. The Software will enable "upgrade prompt" feature by default for the User. Depending on the Software version used by the User, Chunmi provides the User with the discretion to or not to enable the said feature. After the new version of the Software is released, Chunmi does not guarantee that older versions of the Software will continue to be usable.

4. Usage Specifications

4.1. The User may use the Software and services in accordance with this Agreement and laws. The User shall not commit the following acts:

4.1.1. Deleting all the copyright information in the Software and other copies, and modifying, deleting or evading technical measures set by the Software for the protection of intellectual property rights;

4.1.2. Conducting any reverse engineering for the Software, such as disassembling, decompiling or any other attempt to acquire source codes of the Software;

4.1.3. Adding, removing or changing the features or running effects of the Software by modifying or forging the instructions and data during the running of the Software, or otherwise operating or disseminating to the public the software or methods used for the purposes described above, whether or not for commercial purposes;

4.1.4. Using the Software to commit any acts detrimental to network security, including but not limited to: using unauthorized data or access to unauthorized servers/accounts; unauthorized access to public networks or the operating system of others and deleting, modifying or adding any information stored; unauthorized attempts to detect, scan or test the Software system or network weaknesses or do other things that destruct network security; attempting to interfere with or destruct the normal operation of the Software system or website, deliberately spreading malicious programs or viruses, or committing other acts that destruct or interfere with normal network information services; forging the name or partial names of TCP/IP data packet;

4.1.5. The User logging in or using the Software and services by any third-party compatible software or system not developed, authorized or recognized by Chunmi, or preparing, issuing or spreading the aforesaid tool;

4.1.6. Without the written consent of Chunmi, the User arbitrarily conducting any of the following behaviors including but not limited to: using, leasing, lending, copying, modifying, linking, transloading, assembling, issuing or publishing the Software and information therein, establishing any mirror image website, or developing any relevant derivative products, works, services, plug-in, tag-on, compatibility, interconnection and so on by virtue of the software;

4.1.7. Using the Software to publish, transmit, disseminate or store any content that violates the laws of the region you are currently living in. If you are a user residing in the mainland of the People's Republic of China, using the Software to publish, transmit, disseminate, or store any content that violates national laws, endangers national security, reunification of the motherland, social stability/public order, or any improper, offensive, obscene or violent content, or any content in violation of national laws and regulations;

4.1.8. Publishing, transmitting, spreading or storing any content infringing upon others' legal rights such as intellectual property rights and business secrets by virtue of the Software;

4.1.9. Using the Software to publish, transmit or disseminate advertising information or spam in bulk;

4.1.10. Using the Software or any other service provided by Chunmi in any other illegal way, for any other illegal purpose or in any other way inconsistent with the licensed use hereunder.

4.2. Information publication specifications

4.2.1. You may use the Software to publish information such as views, data, text, information, user names, pictures, photos, personal information, audio or video files, links and so on that are created by you or that you have the right to publish. You must guarantee that you have the intellectual property rights, or you have obtained the legal authorization of the information uploaded by you, and that your use of the Software and services does not infringe any legitimate rights or interests of any third party.

4.2.2. While using the Software, you are required to comply with local laws and regulations. If you are a user residing in the mainland of the People's Republic of China, you must comply with the requirements of the "Seven Baselines", including the laws and regulations of China, the socialist system, the country's interests, the legitimate rights and interests of citizens, the social public order, morals, and data authenticity.

4.2.3. You shall not use the Software to commit the following acts, including but not limited to:

4.2.3.1. Producing, reproducing, publishing, disseminating or storing any of the following content in violation of local laws and regulations. If you are a user residing in the mainland of the People's Republic of China, committing the behaviors described in Items (1) to (11) below:

(1) Any content that is against the basic principles established by the Constitution;

(2) Any content endangering national security, divulging state secrets, subverting state power, or undermining national unity;

(3) Any content that harms state honor and interests;

(4) Any content that incites national hatred or ethnic discrimination, or destroys national unity;

(5) Any content that undermines the national religious policy or promotes cults or feudal superstitions;

(6) Any content that disseminates rumors, disturbs the social order, or undermines social stability;

(7) Any content that disseminates obscenity, pornography, gambling, violence, murder, or terror or instigates crimes;

(8) Any content that insults or slanders others, or infringes on the legitimate rights and interests of others;

(9) Any content that incites illegal assembly, association, processions, demonstrations, or gatherings to disrupt social order;

(10) Any content about activities carried out in the name of illegal non-governmental organizations;

(11) Any other content prohibited by laws and administrative regulations.

4.2.3.2. Publish, transmit, disseminate or store any content that infringes the legitimate rights such as reputation right, portrait right, intellectual property rights and trade secrets of others;

4.2.3.3. Make up facts or conceal the truth to mislead or deceive others;

4.2.3.4. Publish, transmit or disseminate advertising information or spam;

4.2.3.5. Engage in other acts that violate local laws and regulations and so on.

4.2.4. Without the permission of Chunmi, you shall not carry out any commercial conduct in the Software, such as advertising, and selling merchandise.

4.3 You understand and agree that:

4.3.1. Chunmi will determine whether the User is suspected of violating the above-mentioned usage specifications and, based on the result of such determination, suspend or terminate the use license granted to you or take other restrictive measures that may be taken in accordance with this Agreement;

4.3.2. Chunmi will directly delete any information suspected of being unlawful or infringing the legitimate rights of others or violating this Agreement, which is published by the User during use of the licensed Software;

4.3.3. If you violate the above-mentioned usage specifications and thus cause damages to third parties, you need to assume the liability in your own name independently and to hold Chunmi harmless from and against any loss or expense arising therefrom;

4.3.4. The User shall indemnify and hold harmless Chunmi from and against any and all losses, third-party claims, administrative penalties, damages and/or expenses, including reasonable attorney fees, investigation and evidence collection costs, incurred or suffered by Chunmi resulting from the User's violation of relevant laws or breach of this Agreement.

5. Privacy Policy and Personal Data Protection

5.1. It is important for Chunmi to protect your personal data. In order to provide the functionality of the Software and improve your user experience, Chunmi will collect, use, and protect your data in accordance with our Privacy Policy.

The Privacy Policy is available on the following website:
[https://privacy.joyami.com/chunmi.waterpuri.tkj10/en/privacy.html]

5.2. We may from time to time share with Xiaomi the data related to Xiaomi/Mijia/Mitu brands and services in order to provide and improve exciting products and services (including both software and hardware) from Xiaomi and Mi Ecosystem companies and to increase their functionality and provide a better user experience.

6. Service Risk and Disclaimer

6.1. The User must procure the device required for Internet access and the usage of telecommunications value-added services by the mobile terminal device, and bear the communication fees, information fees and related costs incurred by Internet access of the personal mobile terminal device or charged by third parties (including but not limited to telecommunications and mobile communication providers). If any telecommunications value-added services are needed, you are advised to confirm the costs with your telecommunications value-added service provider.

6.2. Neither Chunmi nor its Partner is liable for any loss suffered by the User due to reasons attributable to third parties such as communication line failure, technical problem, network or mobile terminal device failure, system instability and other various force majeure factors.

6.3. The Software, like most other Internet software, may be affected by factors including but not limited to reasons related to the user, network service quality, social environment differences, etc., and may also be subject to harassment relating to various security problems, such as the usage of the User’s data by others, resulting in harassment in real life; other software downloaded and installed by the User or other websites visited by the User containing a "Trojan horse" and other viruses, threatening the security of the User's end device information and data, and then affecting normal use of the Software. The User shall strengthen information security and the sense of protection of his/her materials, and emphasize password protection, in order to prevent losses and harassment.

6.4. When the User uses the Software or requests Chunmi to provide specific services, the Software may call a third party system or software to support the User's use or access. The results of the use or access will be provided by the third party. Chunmi does not guarantee the safety, accuracy and effectiveness of the results achieved through the support of the said system or software, nor does Chunmi assume any other uncertain risks; if any dispute or damage is caused thereof, Chunmi will not assume any liability.

6.5. Chunmi specifically draws the User's attention to that, in order to protect the company's business development and adjustment autonomy, Chunmi has the right to modify or suspend the services at any time without notice to the User and without any liability to the User or any third party.

6.6. Except as expressly provided in laws and regulations, we will do our utmost to ensure that the Software and the technology and information involved are safe, effective, accurate and reliable; however, subject to the existing technology, the User understands that Chunmi cannot guarantee it.

6.7. The User's compensation for personal injury or incidental or indirect economic damages arising from or related to any of the following circumstances, including but not limited to the compensation for profit loss, material loss or business interruption or other commercial damage or losses, shall be borne by the User independently: (1) The use or failure to use the licensed Software; (2) Unauthorized use of the Software or modification of the User's data by a third party; (3) Costs and losses incurred by the User during use of the Software; (4) Misunderstanding by the User of the Software; and (5) Other losses in connection with the Software for reasons not attributable to Chunmi.

6.8. In the event of any personal or economic damages or losses that have been or may be caused due to the conduct performed by the User and other software users through any software, or due to the User's being misled or deceived, the faulting party shall assume all liabilities arising therefrom.

7. Statement on Intellectual Property Rights

7.1. Chunmi is the holder of intellectual property rights of the Software. All intellectual property rights such as copyright, trademark, patent, and trade secret, relating to the Software, and all information related to the Software (including but not limited to text, pictures, audio, video, graphics, interface design, layout, data and electronic documents) are protected by local laws and regulations and corresponding international treaties. Chunmi enjoys the above intellectual property rights, except for Xiaomi/Mijia/Mitu trademark.

7.2. Without the prior written consent of Chunmi, the User shall not independently use or transfer any of the above intellectual property rights for any commercial or non-commercial purposes, or permit any third party to do so. Chunmi reserves the right to pursue legal liability for such acts.

8. Amendment

8.1. Chunmi shall be entitled to amend the Agreement when necessary. Once any clause changes, the amended clause will be published on the relevant webpage. If disagreeing about the change, the User shall actively cancel the services. If the User continuously uses the services, it will be deemed that the User accepts the change.

8.2. Chunmi or the Partner reserves the right from time to time and at its sole discretion to modify or change the paid services provided, the charging criteria, charging mode, service charges or service terms. In providing the services, Chunmi may start to charge some users for certain fees now or in the future. If the User refuses to pay such fees, the User will not be able to continue using relevant services after the charging starts. Chunmi and the Partner will do their utmost to notify the User of any amendments or changes by email or other means.

9. Applicable Law and Dispute Resolution

9.1. The effectiveness and interpretation of clauses hereof shall be governed by laws of the mainland of the People's Republic of China. If there is no relevant legal provision, please refer to international business practices and/or business practices.

9.2. This Agreement is signed in Pudong New Area, Shanghai, P.R.China.

9.3. Both the User and Chunmi agree that any dispute arising from the services shall first be settled through consultations by the Parties. If no settlement can be reached through such consultations, either Party may submit the dispute to the court of competent jurisdiction over the place where this Agreement is signed.

10. Miscellaneous

10.1. For any specific service of the Software, there may be a separate agreement and related business rules, etc. (hereinafter collectively referred to as the "separate agreement"), so please read through and agree to the relevant separate agreement before using such specific service.

10.2. This Agreement shall enter into force on September 25, 2021.

10.3. Headings of all clauses hereof are only for the convenience of reading. They have no actual meanings, and cannot taken as bases for the interpretation of the Agreement.

10.4. Where any clause hereof is ineffective or non-executable for any reason, remaining ones shall survive, and be still binding upon both parties hereto.

 

Chunmi Technology (Shanghai) Co., Ltd.