HHSmart Terms of Use
Welcometo HH Smart!
TheHH Smart Terms of Use (hereinafter referred to as "the Terms") governthe relationship and serve as an agreement between you and Shenzhen HenghaSmart Electronics Co., Ltd. and its affiliates (“HH Smart”, “we”, “our” or“us”). The Terms set forth the terms and conditions by which you may access anduse our software, services, applications, products and content (collectively,the “Services”).
Incase of changes to the Terms, we will notify you in the Licensed Software bymessage to you. Upon notification, the changes are automatically incorporatedas a part of the Terms without further notice. If you object to any suchchanges, please stop your use of the Services; continued usage of the Serviceswill be deemed as agreement to the changes and being bound by them.
I.Definitions of Terms
1.1“Licensed Software” or “HH Smart” refers to the “HH Smart” mobile App software,including related systems, the Services and applications, developed andlicensed by HH Smart, which can be downloaded, installed and used on mobileterminals.
II.Services
2.1HH Smart offers you smart home devices control and management services, bywhich you can access and manage smart devices on HH Smart, utilize smartfeatures, and achieve interlinkage of smart devices via our smart IoT platform.The Services offered via HH Smart include smart device controls, devicemanagement, scene interlinkage, and certain value-added services. Additionally,you may customize or modify specific functions of the Services according topersonalized needs.
2.2Please understand that the Services may be subject to temporary unavailabilityor suspension due to maintenance or other reasons from time to time, with orwithout notice.
2.3Please note that the Licensed Software may be updated from time to time in ourdiscretion, which may be provided either automatically or manually. If yourefuse to install the updated version of the Licensed Software, HH Smart andpart or all of the Services may not function normally. All such updates willconstitute part of the Licensed Software and therefore, subject to the Terms,unless otherwise notified. You agree that there is no guarantee that any suchupdates will be provided, or that they will remain available or continue tofunction in connection with your devices or systems.
III.Scope of Service
3.1HH Smart grants you with a limited, revocable, non-transferable, non-exclusiveand non-sublicensable right to use the Licensed Software in accordance with theTerms.
3.2In order to use the Licensed Software and the Services, you may need toregister a HH Smart account. You shall accurately provide and timely updateyour account information to ensure that such information is and will beauthentic, complete and accurate. Certain products or services may requirefurther identify information for further identity authentication orqualification, and you may use such products or services only after your HHSmart account passes the authentication or qualification. For more information,please refer to the HH Smart Privacy Policy.
3.3Please note that the Services are only provided for private, non-commercialuse. Any use of the Licensed Software for any commercial purpose, or anylicense, sale, lease, transfer, or offer of the Services in any form arestrictly prohibited. If such commercial operation is necessary, you shall firstobtain prior written authorization and permission from HH Smart.
3.4Due to limitations on applicable platforms and mobile terminals, you may usethe Licensed Software only on authorized system platforms and terminals; if youinstall the Licensed Software on other terminals, it may not function properlyor even may impact other functions of the hardware or software.
3.5HH Smart and/or its service providers may change, upgrade or transfer theLicensed Software or its relevant functions from time to time, and may add newfunctions or services to the Licensed Software. If no separate agreements areaccompanied with the aforesaid new functions or services, you may use thecorresponding functions and services, which is also subject to the Terms.
3.6You shall be responsible for the accuracy, reliability, integrity and legalityof data inputs in the Licensed Software, and shall ensure the lawfulness ofyour data and the way in which you obtain such data. You are advised to back upall your data from time to time. You shall bear all risks for damage and lossof such data.
3.7You shall properly maintain security of your account number and password. Incase of any safety loophole that may affect your HH Smart account (includingbut not limited to divulgence of user password), please notify HH Smartimmediately, and we will assist you in taking relevant measures. Otherwise, alluser acts related to your HH Smart account shall be assumed by you and you willbe solely liable for such acts.
IV.Third-Party Services
4.1You acknowledge that some of the Services are based on software or servicesprovided by a third party. Such third-party services are offered forconvenience for your use of certain Services, and are subject to necessarylegal authorization from the third party.
4.2You understand that HH Smart and its affiliates neither control nor bear anyresponsibility for information and services of such third parties. We are notliable for any damages or losses arising from your use of such third-partyservices. Nor do we guarantee their quality, reliability or suitability. Youshall comply with any terms and conditions applicable to such third-partyservices.
4.3You acknowledge that we cannot guarantee that the Licensed Software will at alltimes provide or incorporate such third-party services, or that other servicesprovided by the same third parties will be available in the future. Likewise,the Licensed Software may incorporate similar services of other third parties.Your use of the aforesaid third-party services via HH Smart are subject to theTerms.
V.Use of the Services
Youruse of the Licensed Software and the Services shall be subject to the followinglimitations:
5.1You shall not at any time:
1)publish, disseminate or otherwise share computer virus, worms, malicious codes,or software that deliberately damages or changes computer system or data;
2)collect or process information or data of other users without authorization,for example, email address and the like;
3)use the Licensed Software or the Services in an automated way that may causeoverload to our servers, or interfere with or damage web server and networklinks in other forms;
4)attempt to visit server data or communication data of the product withoutauthorization;
5)interfere with or impact the use of the Licensed Software or the Services byother users.
5.2You understand and agree that:
1)HH Smart will determine whether or not you are involved in any violations setforth above, and suspend or terminate your application license according todetermination results or take other restrictions according to agreements.
2)HH Smart may directly delete, remove or invalidate any information in breach oflaws, or infringing upon others' legitimate rights, or in breach of the Termsissued by you when using the Licensed Software.
3)If a third party suffers from any damages due to your breach hereof, you shallbe solely liable to such third party, and you agree to defend and indemnify HHSmart against any losses or additional expenses incurred as a result thereof.
5.3You agree and warrant that you will not conduct any act in breach of laws orimproper behaviors by using the Services.
VI.Intellectual Property Rights
6.1All intellectual property rights in or to HH Smart and any Services (includingany future updates, upgrades and new versions), will continue to belong to usand our licensors.
6.2Save as expressly set forth herein, HH Smart does not grant to you any right touse any intellectual property rights, including our trademarks or productnames, logos, domain names or other distinctive brand features, without ourprior written consent.
6.3Any comments or feedback provided by you regarding HH Smart are entirelyvoluntary; you agree that we may freely use such contents at our discretion(including using such comments to improve existing services or create newservices) without any payment or other obligation to you.
6.4To the extent permitted by applicable law, you may not copy, modify, createderivative works, reverse compile, reverse engineer or extract source codesfrom the Licensed Software, and you may not sell, distribute, redistribute orsublicense the Licensed Software or any Services, without our prior writtenconsent.
VII.Privacy
7.1At HH Smart, we understand and value your privacy, and it is crucial for us toprotect your personal information. We have published the HH Smart PrivacyPolicy (the “Privacy Policy”), which includes contents related to ownership andprotection of intellectual property, collection, use, share, storage andprotection, etc. of your personal information. We strongly recommend you tothoroughly read the Privacy Policy, which is incorporated as part of the Termsby reference.
VIII.Exception Clauses
8.1Unless otherwise specified in laws and regulations, HH Smart will exercisereasonable care and efforts to deliver to you the Licensed Software and theServices.
8.2EXCEPT FOR THE FOREGOING, HH Smart AND THE SERVICES ARE PROVIDED ON AN “AS IS”AND “AS AVAILABLE” BASIS AND NEITHER HH SMART NOR ANY OF OUR AFFILIATES MAKEANY REPRESENTATION OR WARRANTY IN RELATION TO HH Smart OR THE SERVICES, OR ANYCONTENT, DATA OR INFORMATION CONTAINED THEREIN.
8.4The development and release of any Licensed Software-derived software notdeveloped and released by HH Smart are unauthorized and expressly disclaimed.Please note that any download, installation or use of such software may causeunpredictable risks.
8.5 The usage of the Licensed Software, theServices and any other related services of HH Smart may involve internet-basedservices, and you will need internet access and connection for using theLicensed Software and our Services. Otherwise, they may become unavailable toyou. You are responsible for any third-party charges you incur (including anycharges from your internet and telecom services providers) in relation to orarising from your use.
IX. Agreement Termination and Breach ofAgreement
9.1 You understand that you shall use theLicensed Software according to authorized scope and purpose, and comply withthe Terms regarding, without limitation, intellectual property rights, use ofServices, and duly observe the Terms when using the Licensed Software and theServices. HH Smart may terminate the Services provided to you and/or yourlicense to use HH Smart if you are in material breach of any of the Terms. Inthis case, you shall stop using the Licensed Software and destroy all copies ofit, and you agree to indemnify HH Smart, its affiliates and/or other usersagainst any loss, damages, costs and liabilities resulting from or related tosuch breach.
9.2 Your use of the software may bedependent on Services provided by HH Smart's affiliates. In case of your breachof the Terms or other agreements with HH Smart or our affiliates, we may,either by ourselves or via such affiliates, take certain restrictive measures,including suspension or termination of part or whole of the related Services toyou, without liability.
9.3 You agree to use the Licensed Softwarein accordance with related rules and regulations imposed by operators ofcorresponding App market or platform, system platform, and smart terminals onuse and restrictions of the Licensed Software. If such operators confirm thatyou are in breach of your agreement with them and requires our assistance orcooperation, HH Smart may terminate your application license upon theirrequest.
X. Scope and Limitation of liability
10.1. You understand and agree that youshall undertake the claims of any third party resulting from your use of theServices, any violation of the Terms or any action which takes place under yourHH Smart account. If any third party brings any claim against HH Smart, itsaffiliates, employees, customers or partners for this reason, you shallundertake and indemnify HH Smart against all the losses and liabilitiesincurred therefrom.
10.2. To the extent permitted by applicablelaws, HH Smart is not liable for any indirect, punitive, special or derivedloss associated with or arising from the Terms.
10.3. During your use of the Services, youshall abide by applicable laws and regulations and shall not use any of theServices to engage in activities that infringe others’ reputation, privacy,intellectual property or other legitimate rights and interests. We assume noresponsibility for your illegal act or default during the use of the Services.
XI. Governing Laws and Severability
11.1 Effectiveness, explanation, change,execution and dispute settlement of the Terms are subject to laws of China.
11.2 Any dispute, controversy, differenceor claim arising out of or relating to the Terms, including the existence,validity, interpretation, performance, breach or termination thereof or anydispute regarding non-contractual obligations arising out of or relating tothem, shall be submitted to the court of competent jurisdiction located in HHSmart's place of residence.
11.3 If any term of the Terms is judged tobe invalid by competent venue, it will not influence the effectiveness of otherterms or any other part hereof, and you and HH Smart shall perform the validterms in good faith.
XII. Others
12.1. HH Smart may send you noticesregarding HH Smart via in-App messages, e-mail, text message, telephone call,etc., Please ensure the accuracy and current validity of your contactinformation submitted to us; the above notices are deemed to have beendelivered upon successful delivery.
12.2 You agree that HH Smart may transferall or part of its rights and obligations under the Terms to an affiliate,which may or may be without notice to you.
12.3 Unless otherwise agreed, for provisionof professional services, HH Smart may also commission its affiliate or otherlegal entities to provide certain or all of the Services. In this case, you mayconclude relevant terms or conditions with the above company, and you shallcarefully read and understand such terms and conditions before choosing toaccept them or not.
