Please read through this user agreement ("Agreement") carefully before you use all theserial Airwheel products and software therein(“Product”) to make sure you understand your rights and obligations .
Airwheel Holding Limited (“Airwheel or we”) always respect and protect the legal rights of all our users in relation to privacy and user data etc. from being infringed when you use theProduct.
This Agreement is the final and entire agreement between User (including the natural person, legal person or other organization, hereinafter referred to as "User" or "You") who have obtained or use this Product through various legal channels, and Airwheel. This Agreement supersedes and incorporate the prior discussions and agreements between the parties with respect to the Product.
This Agreement shall be binding upon the User to use the Product, and you have undertaken and warrant that you have the right and ability to enter into this Agreement. Users are deemed to have accepted this Agreement as soon as they begin to use the Product, so please read and understand the terms and conditions of this Agreement, including the exemption and limitation of liability and limitations on the rights of the User (For minors, parents and legal guardians will need to accept the terms of this Agreement on their children's behalf.) If you are unable to accept all the terms of this Agreement, please do not use the Product.
1.1 Account
To use AirwheelProduct and all its functions, you will need to register for an Airwheel Account and provide your personal information for registration purposes. In relation to your use of the Product, you hereby warrant that:
1.1.1 All the registration information you have provided in relation to your Airwheel Account is true and correct;
1.1.2 Your use of Airwheel product must be lawful;
1.1.3 You must notify Airwheel of any actual or potential violation of the law, unauthorized use or suspected unauthorized use immediately. Airwheel is not liable for any damages you may incur as a result of failure to comply with the above requirements.
2.1 License
In accordance with this Agreement, we hereby grant you a non-transferrable, non-exclusive license:
2.1.1 To use the Product
2.1.2 To download, install and use softwareattached to the Product in your network communications.
2.2 Limitations
This Agreement shall be subject to the following limitations:
2.2.1 You may not modify, translate, adapt, incorporate, use, disassemble, improve or reverse engineer any part of AirwheelProduct or any of its part or derivatives unless such limitations are prohibited by law;
2.2.2 You may not use Airwheel Product for the purpose of creating a similar or competing product or service;
2.2.3 You may not reproduce, iminate,copy, distribute, sell, download or display any part of theProduct in any form or medium unless specifiedexpressively in this Agreement or the laws;
2.2.4 You may not remove or destroy any copyright notices or other proprietary marks displayed on or contained in Airwheel Product.
2.3 Ownership of rights
2.3.1 Airwheel allows you to use, download this Product
2.3.2 All intellectual property rights in relation to the Product are owned by Airwheeland its authorized persons (if applicable).
2.4 Fees
You are responsible for all costs relating to the purchase and use of Product, including without limit to fees charged by any third party for communication, information and other related fees. We suggest that you confirm the relevant cost issues with your value-added telecom service provider if involving in such services.
2.5 Any updated or future version of the Product or other changes thereof will be bound by this Agreement.
3.1 User Content
3.1.1 In this Agreement, "User Content" refers to content that such User may publish or generate in relation to use of Airwheel Product, (such as your activity log, published pictures, textual information, data, or anything else).
3.1.2 You are solely responsible for all of your User Content.This means that you bear the risk of you or third party being identified because of your disclosing User Content.
3.2 Feedback
3.2.1 You may wish to provide suggestions or feedback to us. For all such Feedback, you assign all the rights to us and agree that we have the right to use the Feedback and related information in a reasonable way. We will treat the Feedback will be non-confidential and non-proprietary.
3.2.2 You have agreed that you do not provide any information to us you consider to be confidential or proprietary.
3.3 For all User Content shared by users, we reserve the right, but not the obligation to monitor and examine such content based on our discretion. We may delete, modify or move your User Content at any time without prior notice. We reserve the right to retain or terminate your account.
You agree to share, or in other way, your using the Product and its related services during which you will bearall legal responsibility for the following:
4.1.1 Violate the basic principles in the Constitution;
4.1.2 Endanger national security, divulge state secrets, subvert state power and undermine national unity;
4.1.3 Damage to national honor and interests;
4.1.4 Incite national hatred, ethnic discrimination, and undermine national unity
4.1.5 Undermine the state's religious policies, propagate cults and feudal superstitions
4.1.6 Spread rumors, disrupt social order and undermine social stability
4.1.7 Spread obscenities, pornography, gambling, violence, terror or any other crime;
4.1.8 Insult or slander others, or otherwise infringe upon the legitimate rights and interests of others;
4.1.9 Any other action prohibited by law
4.2 When using Airwheel Product and its related services, you agree not to engage in the following:
4.2.1 Transmit or share computer viruses, worms, malware, or any software that intentionally destroy or alter computer systems or data;
4.2.2 Collect information about other users without authorisation, e.g. email addresses;
4.2.3 Use the Product with ill intentionsby automated means therefore cause an undue burden on our server, or disturb or harm our web servers or collection in other way;
4.2.4 Attempt to access our server data or communications data without authroisation;
4.2.5 Disrupt, damage other users' use of the Product.
5.1 Amendment
5.1.1 This Agreement may be amendedfrom time to time. For any substantial amendments, we will notify you by an announcement of the Product. Your continued use of the Product aftersuch annoucemnet constitutes your acceptance of the amendments of the Agreement.
5.1.2 We reserve the right to modify, retain or terminate any services associated with the Product at any time without prior notice.
5.1.3 You agreethat we shall not bear any liability to you or any third party for the modification or termination of services associated with the Product.
5.2 Termination
5.2.1 This Agreement comes into effectfor you from the date of your accepting itand remains in force during the period you use the Product.
5.2.2 Notwithstanding the foregoing, if you used the Product before your accepting this Agreement, you agree that the Agreement comes into effect once you firstly use the Product.
5.2.3 We may (1) reserve the right for you to use the Product or your Account in accordance with the law;(2) terminate this Agreement at any time without notification for any reason, including when we believe in good faith that you have breacheduserpolicies acceptable to us or the Agreement.
5.2.4 Not subject to the foregoing，upon receiving notice from a copyright holder or his legal representative that you have violated the copyright of a third party in relation to your use of the Product, Airwheel reserves the right to terminate this Agreement.
5.2.5 Upon termination of this Agreement, we may delete your User Content from our active database. We bear no liabilities forterminating the Agreement,including our ending your Account or deletingyour User Content.
6.1 You acknowledge that our services may be based on technical support from third parties.
6.2 Third Party Information and Services
6.2.1 Please note that this Product contains some information and services from third parties. Airwheel does not control therefore shall not be responsible for information or services provided by third parties.
6.2.2 Airwheel provides such information orservices only for your convenience or to fulfill third party's requirements.
6.2.3 You must bear full risk on access or use of third party's information or services,
6.2.4 Third party's provisions and policies are applicable to you when accessing to such information or services.
6.3 Other Users
6.3.1 You may encounter User Content provided by other users. We do not control such User Content and shall not be liable for any User Content. We do not have any obligation to check, monitor, examine, approve or guarantee for any User Content and any risks from interaction with other users and their User Content is borne fully by you.
6.3.2 Your interaction with other users is only between you and other users, and you agree that Airwheel will not bear any legal responsibility thereof.
7.1 You agree to harmless use of the Product and ensure Airwheel to avoid bearing any lawsuit, complaint, loss, damage, responsibility, cost and fees (including legal fees) from any third party caused by your following conducts:
7.1.1 Your use of the Product,
7.1.2 Your User Content,
7.1.3 Your breach of this Agreement,
7.2 We reserve the exclusive right to defend thereof and claim for compensation.
7.3 You agree that when you and Airwheel jointly file a lawsuit against a third party, you shall not unilaterally reconcile with such third partyunlessAirwheel'spriorwrittenconsent.
7.4 Airwheel will make reasonable efforts to notify you of such litigation, action or proceeding.
7.5 In no event will this Product be liable to you or to any third party for any indirect, consequential, exemplary, incidental, special or punitive damages arising out of this Agreement. The risk of damage of computer system or mobile communication equipment database caused by Access and use of this Product is borne by you.
8.1 This Product is not liable for any of the following:
8.1.1 Provide your personal information as required by law or the relevant government authorities
8.1.2 Any disclosure of personal information duo to your improper use of the Product.
8.1.3 Any disruption or block of service or the like failing to satisfy your demands due to hacker attacks, computer viruses, illegal content information, harassing information, government controls, and any other network, technology, communication lines, or information security management measures.
8.1.4 User’s loss caused by third partyoperator’s communication line fault, technical problems, network, computer failures, system instability and other force majeure;
8.1.5 The potential risk of anonymous or impersonate threatening, defamatory, objectionable or illegal contentduring your use the Product;
8.1.6 Airwheel expressively disclaims all warranties, express, implied or in any way whatsoever with regard to the timeliness, safety, and accuracy of the services of this Product and its cooperative corporations.
9.1 The Airwheel Privacy Policy below is incorporated into and forms part of this Agreement, which can be found in the last part. Please read the terms carefully and ensure that you understand all the content of the privacy policy.
10.1 Please provide a valid, frequently used email address for your Airwheel Account. Airwheel does not bear any liability for our unsuccessful notifications to you due to your failure to provide a valid or unavailable email address.
10.2 All notices or emails issued to you through the Productconstitute an effective noticeundoubtedly.
11.1 This Agreement is governed by the laws of the People's Republic of China.
11.2 Any dispute in relation to this Agreement should be resolved through negotiation amicably. If an amicable settlement is not reached, the dispute should be submitted to the jurisdiction of the courts located at Airwheel’s) place.
12.1 If any term of this Agreement is proved to be unenforceable for any reason, it will not affect the validity of any other term of this Agreement. Those unenforceable provisions will be modified so that they can be enforced.
13.1 This Agreement constitutes the final and entireagreement between you and Airwheel in relation to the Product, and supersedes and incorporate the prior discussions and agreements including the prior end user license, terms of service and privacy policy between the parties.
13.2 The headings of each section are only for reference and shall not createany legal or contractual obligations.
13.3 You must not assign any rights orobligations under this Agreement without our prior written consent. Any such assignment in violation of the foregoing will be invalid.
Our privacy policy covers the following:
What information is collected
How we collect and use information.
How you selectively provide the information, and how you can access and update the information.
Information sharing and security, and the scope of application and revision of privacy policy.
We collect two types of information: personal information in connection with certain specific natural person and able to be combined with other information to identifysuch natural person and non-personal information exceptthe aforesaidpersonal information. If we associate and integrate non-personal information with personal information through technical means, such information will be treated as personal information during the period in which the above-mentioned information remains in the consolidated form.
How the information is collected and how do we use it?
Collection and use of personal information
Airwheel will use your personal information strictly in accordance with this Privacy Policy and its updates. Your personal information will be used only for the defined-on-collection purpose agreed by you, and for any other purpose, we will obtain your prior consent.
The personal information we collect may be used to provide you with Airwheel products and services to ensure the functions and safety of our products, to verify your identity, and to prevent and trace fraud or other inappropriate usage.
All or part of our service operations will be done in China and for international users you agree that we will transfer, process and store your personal data in China, and agree Airwheel can collect and use your Personal information in accordance with the Privacy Policy.
Whenever you use our services, we strive to give you access to your personal information. If this information is in error, we will endeavor to enable you to update or delete it in a variety of ways unless we retain such information for legitimate business or legal reasons. When you update your personal data, you will be asked to verify your identity before we proceed with your request.
While we try our utmost in acceding to your requests, unreasonably repetitive or unrealistic requests or those that put others' privacy at risk may be declined.
Wemay enable you to access and update your information for free provided so-doing will require no our excessive endeavor. We strive to improve services to protect information from accidental or malicious damage. As a result, when you delete information from our service, we may not immediately delete the residual copy of the information from the active server or the corresponding information from the backup system.
Share information with third parties
Except for the limited sharing described in this Privacy Policy, we will keep your personal information confidential and will not share your personal information with third parties.
Airwheelmay disclose your personal information to third party without your consent in the following cases
Cases in which the disclosure is based on lawful investigation, lawsuits, enforcementor compulsory provisions of the applicable laws;
We provide personal information to our affiliated companies or other trusted corporations or individuals so that they can handle the above on our behalf. We willrequire such corporations or individuals to process these personal information in accordance with our regulations, this Privacy Policy and any other applicable privacy and security measures.
If we are reorganized, merged or sold, we will continue to use our existing privacy policy to ensure the confidentiality of all personal information collected by us and to inform all affected users prior to the transfer of all personal information we collect.
We may share aggregate non-personal information reasonably with the public and business partners in order to demonstrate the overall usage trend of our products or services, based on our operation or user protection.