【SHEN ZHEN QING CHENG INTELLIGENT TECHNOLOGY LIMITED.】（hereinafter referred to as “QING CHENG”）hereby reminds users to carefully read and fully understand this software license and service agreement(hereinafter referred to as "agreement") User shall carefully read and fully understand the provisions of this agreement, especially those related to the exemption or limitation of QING CHENG liability, dispute resolution and applicable laws. Clauses relating to the exclusion or limitation of liability have been highlighted in bold. Please read carefully and choose to accept or not accept this agreement (minors should read this agreement accompanied by a legal guardian). By downloading, installing and using the software and by obtaining and logging in the account, you shall be deemed to have accepted this agreement and agree to be bound by the terms of this agreement..
QING CHENG may have the right to modify this agreement. The updated terms of this agreement will be published on the official website or the software, effective from the date of publication If you do not accept the revised terms of this agreement, please immediately stop using the software and services of "inncap smart bulb" provided by QING CHENG after it can modify the terms of this agreement; Users who continue to use the software and services provided by QING CHENG,will be deemed to have accepted the revised terms of this agreement.
1.A general rules
1.1. This agreement is between you (the "user") and QING CHENG and its operating partners (the "partner") to download, install and use the "inncap smart bulb" software (the "software") provided by QING CHENG and the relevant services provided by it.
1.2. This software and service are provided by Qing Cheng, and can be (including but not limited to) software and services on mobile smart terminal devices to provide official drivers and Qing Cheng services for users using the smart terminal.
1.3. The software and services are owned and operated by QING CHENG.
2.Scope of software license
2.1. QING CHENG may grant users a non-transferable, non-exclusive and non-sublicense individual license to use the software.
2.2. Users can install, use, display and run the software on a single mobile terminal device for non-commercial purposes. However, users shall not install, use or run the software for commercial purposes. User data may not be for any software or software released into any one terminal equipment during the operation of any data in the memory and the software running in the process of data generated by the interaction between client and server to copy, change or modify, or use a plug-in running software or create derivative works of any kind, including but not limited to, the use of plug-in, through unauthorized third-party tools/services access to the software and related systems. If it is necessary to sell, copy or distribute the software for commercial purposes (such as software preinstallation and bundling), a written authorization and license from QING CHENG must be obtained.
2.3. Without the permission of QING CHENG , users shall not install the software on other terminal devices without the express permission of QING CHENG , including but not limited to set-top boxes, game consoles, TV sets, DVD players, etc.
2.4. Users may copy a copy of the software for the purpose of using the software and services, but only as a backup. The backup copy must contain all copyright information contained in the original software.
3.Acquisition, installation and upgrading of software
3.1. Users shall download and install the software from the website or in the manner specified by QING CHENG. Beware of downloading software on non-designated sites to prevent mobile devices from becoming infected with malicious programs that can destroy user data and gain access to users' private information. If you obtain the software from an unauthorized third party or from an installer with the same name as the software, QING CHENG cannot guarantee that the software can be used normally, nor shall it bear any losses caused thereby
3.2. The user must select the software version that matches the installed terminal device. Otherwise, any software problem, equipment problem or damage caused by the mismatch between the software version and the equipment model shall be borne by the user.
3.3. In order to improve the user experience and improve the service content, QING CHENG may have the right to provide replacement, modification and upgrade versions of the software, or charge for such replacement, modification or upgrade, provided that your consent is obtained in advance. The software enables "upgrade prompts" by default. QING CHENG provides users with the right to choose whether to enable the above functions or not, depending on the version of the software used by users. After the new software version is released, QING CHENG does not guarantee that the old software version will continue to be available.
4.Usage specifications
4.1.User may use the software and services in compliance with this agreement and laws. Users shall not:
4.1.1. Delete all information about copyright on the software and other copies, or modify, delete or avoid the technical measures set by the software to protect intellectual property rights;
4.1.2. Reverse engineering the software, such as disassembly, decompiling or other attempts to obtain the software source code;
4.1.3. Add, remove or change the functions or operation effects of the software by modifying or falsifying the instructions and data in the operation of the software, or use the software or methods for the above purposes for operation or dissemination to the public, whether for commercial purposes or not;
4.1.4. Use the software for any activity endangering network security, including but not limited to: use of unauthorized data or access to unauthorized server/account; Accessing public networks or other operating systems without permission and deleting, modifying or adding any stored information; Unauthorized attempts to detect, scan, or test software systems or network vulnerabilities or other ACTS that undermine network security; Attempting to interfere with or disrupt the normal operation of the software system or website, deliberately spreading malicious programs or viruses, or carrying out other ACTS of disrupting or interfering with normal network information services; Forge TCP/IP packet name or partial name;
4.1.5. Users log in or use the software and services through third-party compatible software or systems not developed, authorized or approved by QING CHENG , or make, release or disseminate the above tools;
4.1.6. Without the written consent of QING CHENG can be user information without authorization of software and its implementation including but not limited to the following ACTS: use, lease, loan, copy, modify, links, reprints, compiled and published, publishing, to set up the mirror site without authorization or with the aid of software development and related derivatives, work, services, plug-in, compatibility, or interconnection;
4.1.7. Use the software to publish, transmit, disseminate or store contents that violate national laws, endanger national security, national unity, social stability or public order, or any inappropriate, insulting, defamatory, obscene or violent contents and any contents that violate national laws and regulations;
4.1.8. Use software to publish, transmit, disseminate or store contents that infringe others' intellectual property rights, trade secrets and other legitimate rights;
4.1.9. Use software to publish, transmit and spread advertising information or junk information in batches;
4.1.10. Other use of the software and other services that QING CHENG may provide in any illegal way, for any illegal purpose or in any way inconsistent with the licensed use hereof;
4.2.Information release specifications
4.2.1. You may use the software to publish the view, data, text, information, user name, pictures, photos, personal information, audio or video files, links and other information you create or have the right to publish. You must ensure that you have intellectual property rights or have obtained legal authorization for the uploaded information, and that the use of the software and services does not infringe upon the legitimate rights and interests of any third party.
4.2.2. When using the software, you shall abide by the "seven bottom lines" requirements of laws and regulations, socialist system, national interests, citizens' legitimate rights and interests, social public order, moral customs and information authenticity.
4.2.3. The software shall not be used to carry out the following behaviors, including but not limited to:
4.2.3.1.Create, copy, publish, disseminate or store any of the following contents in violation of national laws and regulations:
(1) contents that violate the basic principles formulated by the constitution;
(2) contents that endanger national security, disclose state secrets, overthrow state power or undermine national unity;
(3) contents damaging national honor and interests;
(4) inciting national hatred or racial discrimination, or destroying the content of national unity;
(5) contents that undermine state religious policies or spread cults or feudal superstitions;
(6) spreading rumors, disturbing social order or undermining social stability;
(7) disseminating contents of obscenity, pornography, gambling, violence, murder or terrorist ACTS or abetting crimes;
(8) contents that insult or slander others, or infringe upon the legitimate rights and interests of others;
(9) inciting illegal assembly, association, procession, demonstration or mass gathering to disrupt social order;
(10) content related to activities carried out in the name of illegal non-governmental organizations;
(11) contain any other contents prohibited by laws and regulations.
4.2.3.2. Publish, transmit, disseminate or store contents that infringe others' legitimate rights (such as right of reputation, right of portrait, intellectual property and trade secrets);
4.2.3.3. Mislead or deceive others by fabricating facts or concealing the truth;
4.2.3.4. Publish, transmit or spread advertising information or junk information;
4.2.3.5. Participating in other behaviors that violate laws and regulations, policies, public order, social morality, etc.
4.2.4. Without Qing Cheng's permission, you may not engage in any commercial activities such as publishing advertisements or selling products in this software.
4.3 You understand and agree that
4.3.1. QING CHENG will make a determination on whether the user is suspected of violating the above usage specifications, and suspend or terminate your use license or take other restrictions under this agreement based on the determination result;
4.3.2. Any information posted by the user when using the licensed software, which is suspected to be illegal or to infringe upon the legal rights of others or to violate this agreement, shall be deleted by QING CHENG directly;
4.3.3. If you violate the above usage rules and cause damage to a third party, you need to bear the legal responsibility independently in your own name, and you should ensure that QING CHENG can be free from losses or increased costs;
4.3.4. If the user violates relevant laws or provisions of this agreement, which makes QING CHENG liable for losses, claims from third parties or penalties from administrative authorities, the user shall indemnify QING CHENG for losses and/or expenses, including reasonable attorney fees and investigation and evidence collection fees.
5.Privacy policy and personal data protection
5.1. Protecting your personal data is important for QING CHENG .In order to provide software functions and improve user experience, essence will collect the following types of data:
5.1.1. Device related information:Information related to your device's hardware, performance, status, etc. For example, system version, device manufacturer information, model name, device and motherboard identification number, CPU usage, installation and utility programs, etc.
5.1.2. Information related to you designated by us: We may collect and use such information as QING CHENG account.
5.1.3. Network use information: We may collect network types, network signals, etc. related to certain functions of the Qing Cheng software you use
5.2. We collect, use and protect your data in accordance with our privacy policy.Here is the website, [
[http://www.inncap.cn/nd.jsp?id=7].
5.3.
From time to time, we may share data related to xiaomi/mijia/mitu brand and services with xiaomi, so as to provide and improve wonderful products and services (including software and hardware) of xiaomi and its ecological chain, and provide better product functions and user experience.
6.Service risk and disclaimer
6.1. Users shall be provided with the devices required by mobile terminal devices to surf the Internet and use value-added telecom services, and shall bear the communication and information fees and other related fees charged by the personal mobile terminal devices to surf the Internet or by third parties (including but not limited to telecom or mobile communication providers).If you need telecom value-added services, we suggest you confirm with your telecom value-added service provider about the relevant fees.
6.2. QING CHENG and its partners shall not be liable for any loss suffered by users due to third party reasons (such as communication line fault, technical problems, network or mobile terminal equipment fault, system instability and other force majeure factors).
6.3. Like most Internet software, the software is affected by factors including but not limited to user reasons, network service quality, social environment differences and other factors, and may be invaded by various security problems, such as harassment in real life caused by others using user data; Other software downloaded and installed by users or other websites visited by users contain "Trojan horse" and other viruses, which threaten the security of terminal equipment information and data of users, and then affect the normal use of software and so on. Users should strengthen information security and user data protection awareness, pay attention to strengthen password protection, in order to avoid loss and harassment.
6.4. When the user USES the software or requires QING CHENG to provide specific services, "the software will call the third-party system or software to support the user's use or access. The results of use or access are provided by the third party. QING CHENG may not guarantee the security, accuracy and effectiveness of the results achieved through the support of the above system or software; QING CHENG shall not be liable for any dispute or damage arising therefrom.
6.5. In particular, QING CHENG may remind users that, in order to protect the autonomy of business development and adjustment, essence may have the right to modify or interrupt services at any time without notifying users, and essence may exercise the right to modify or interrupt services without being responsible to users or any third party.
6.6. Except as clearly stipulated by laws and regulations, we will do our best to ensure that the software and the technologies and information involved are safe, effective, accurate and reliable; However, due to the existing technology, the user understands that QING CHENG cannot guarantee this.
6.7. User shall be liable for any personal injury or incidental and indirect damages (including but not limited to loss of profit, loss of data, business interruption or other business damage) caused by or in connection with any of the following :(1) use or failure to use the licensed software;(2) a third party USES the software or changes the user's data without permission;(3) expenses and losses incurred by users during the use of the software;(4) users' misunderstanding of the software;(5) other losses related to "software" not caused by QING CHENG .
6.8. The fault party shall bear all the responsibilities for any personal or economic injury or loss caused or may be caused by any act of the user and other software users through any software, or any misleading or cheating of the user.
7.Declaration of intellectual property rights
7.1. QING CHENG is an intellectual property right holder of the software. Related to the software copyright, trademarks, patents, trade secrets and other intellectual property rights, and all the information related to the software (including but not limited to text, images, audio, video, graphics, interface design, layout, data or electronic documents, etc.) are affected by laws and regulations of the People's Republic of China and the relevant international treaties to protect. In addition to millet/mijia/rice rabbit trademark, QING CHENG can enjoy the above intellectual property rights.
7.2. Without prior written consent of QING CHENG , user shall not use or permit any third party to use or transfer the intellectual property rights mentioned above for any commercial or non-commercial purposes. QING CHENG reserves the right to pursue legal liability for the above ACTS.
8.Change of agreement
8.1. QING CHENG may have the right to modify the terms of this agreement if necessary. In case of any change, the modified terms will be published on the relevant page. If you do not agree with the changes, you should cancel the service. Continued use of the services shall be deemed acceptance of changes in the terms of the agreement.
8.2. QING CHENG or its partner shall have the right to modify or change the service fee, fee standard, fee method, service fee or terms of service provided if necessary. In providing services QING CHENG may start charging certain users a fee now or later. If the user refuses to pay the fee, he/she cannot continue to use the relevant service after the charging begins.
QING CHENG and its partners will use their best efforts to notify users of any modifications or changes by email or other means.
9.Governing law and dispute resolution
9.1. the validity and interpretation of this agreement shall be governed by the laws of mainland China. In the absence of relevant legal provisions, reference shall be made to international business practices and/or business practices.
9.2. This agreement is signed in shenzhen, guangdong province, the People's Republic of China
9.3.User and essence agree that any dispute arising from the service shall be settled by the parties through negotiation. If no agreement can be reached through negotiation, either party may refer the dispute to the court with jurisdiction in the place where this agreement is signed for settlement.
10.Other
10.1. When users use a particular service of the software, the service may have separate agreements and relevant business rules (hereinafter referred to as "separate agreements"), so please read and agree to the relevant separate agreements before using the specific service.
10.2. This agreement shall come into force on 15th ,April ,2020.
10.3. The headings of all terms hereof are for convenience only and have no actual meaning and shall not be taken as the basis for interpretation of the meaning hereof
10.4. The provisions hereof are partially invalid or unenforceable for whatever reason, and the remaining provisions shall remain valid and binding upon the parties.