[important hint]
Modou Technology Internet Co., Ltd. (hereinafter referred to as "Modou Technology") please read carefully and fully understand the software authorization and service agreement (this "Agreement").
Magic Bean Technology reserves the right to modify this agreement. If the terms of this agreement are updated, they will be announced on the official website or on the software, effective from the date of publication.
1. General terms
1.1. This agreement is between you (hereinafter referred to as the "user") and Modou Technology regarding the user's download, installation and use of Modou Technology's software "LiveFit" (hereinafter referred to as the "software") and the use of Modou Technology related services protocol.
1.2. The software and services are provided by Modou Technology, which are installed and used on (including but not limited to) mobile smart terminal devices to synchronize data collected by Modou Technology products and track health information.
1.3. The ownership and operation rights of software and services shall belong to Modou Technology.
2. Scope of Software License
2.1. Magic Bean Technology grants users a personal non-transferable and non-exclusive license to use the software, but the user has no right to re-authorize the license.
2.2. Users can install, use, display and execute software on a single mobile terminal device for non-commercial purposes. However, users are not allowed to install, use or execute software for commercial operations. The user shall not copy, change or modify any data of the software, or any data sent to the memory of any terminal device when the software is executed, and the interactive data generated between the client and the server when the software is executed, or use plug-ins to execute the software, or use 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 and bundling sales, you must obtain a written authorization and permission from Magic Bean Technology.
2.3. Without the permission of Modou Technology, users shall not install the software on other terminal devices that Modou Technology has not explicitly approved, including but not limited to set-top boxes, game consoles, TVs, DVD players, etc.
2.4. Unless expressly authorized by this agreement, Modou Technology does not grant other rights to users. If the user intends to use any other rights, the written consent of Modou Technology should be obtained in advance.
3. Software acquisition, installation and upgrade
3.1. The user should download and install the software from the website designated by Modou Technology or in a manner designated by it. Please be careful not to download software from non-designated websites to prevent mobile devices from being infected with malware that may destroy user data and obtain user privacy data. If you obtain a software or installation program with the same name as the software from a third party that is not authorized by Modou Technology, Modou Technology cannot guarantee its normal use, and Modou Technology will not be liable for any losses caused by 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 software version inconsistent with the device model will be borne by the user.
3.3. In order to improve the user experience and optimize the service content, Modou Technology reserves the right to provide software replacement, modification and upgrade versions, and reserves the right to charge for the replacement, modification or upgrade, but such charges will obtain your prior consent. The software enables the "Upgrade Prompt" function for users by default. According to the software version used by the user, Modou Technology allows the user to decide whether to enable the above functions. After the new version of the software is released, Magic Bean Technology does not guarantee that the old version of the software can still be used.
4. Specification
4.1. Users must abide by this agreement and laws when using software and services. The user shall not engage in the following behaviors:
4.1.1. Delete any copyright information of the software and other copies, or modify, delete or circumvent the technical measures adopted by the 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. Modify or forge instructions and data to add, delete or change the software's functions or execution effects during the execution of the software, or operate the software in other ways for the above purposes or disseminate relevant methods to the public, regardless of whether it is used for commercial purposes or not ；
4.1.4. Use software to engage in any behavior harmful to network security, including but not limited to: using unauthorized data or accessing 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 weakness of the software system or network or perform other actions that undermine network security without authorization; attempt to interfere with or disrupt the normal operation of the software system or website, and deliberately spread Malicious software or viruses, or perform other actions that damage or interfere with normal network information services; forge the name or part of the name of TCP/IP data packets;
4.1.5. Users log in or use software and services through third-party compatible software or systems that are not developed, authorized or approved by Modou Technology, or make, publish or disseminate the above tools;
4.1.6. Without the written permission of Modou Technology, the user performs any operation on the software or the data contained in it, including but not limited to use, lease, lend, copy, modify, establish link, remake, edit, publish, and publish , Establishing mirror points or unauthorized use of derivative products, works, services, plug-ins, compatibility or interconnections related to software development;
4.1.7. Use software to publish, transmit, disseminate or store content that violates national laws, endangers national security, the unity 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, disseminate or store content that violates the legal rights of others' intellectual property rights and trade secrets;
4.1.9. Use software to publish, transmit or disseminate advertising data or spam in batches;
4.1.10. Use the software and other services provided by Magic Bean Technology in any illegal way, for any illegal purpose, or in any way that is inconsistent with the permitted use under this agreement;
4.2. Data release specifications
4.2.1. You can use the software to publish data that you have created or that you have the right to publish, such as opinions, data, text, data, user names, pictures, photos, personal data, audio or video files, links, etc. You must ensure that you own intellectual property rights or have obtained legal authorization for the uploaded data, and that your use of software and services will not infringe the legal rights or rights of any third party.
4.2.2. When using the software, you must comply with the requirements of the "seven bottom lines", that is, laws and regulations, the socialist system, national interests, the legal rights and rights of citizens, social public order, morals and customs, and the authenticity of data.
4.2.3. You may not use the software to perform the following actions, including but not limited to:
4.2.3.1. Production, reproduction, publication, dissemination or storage of any of the following content that violates national laws and regulations:
(1) Any content that undermines the basic principles established by the Constitution;
(2) Any content that endangers national security, leaks state secrets, subverts state power, or undermines national unity;
(3) Any content that damages national honor and interests;
(4) Any content that incites ethnic hatred, ethnic discrimination, or undermines ethnic unity;
(5) Any content that undermines national religious policies and promotes cults or feudal superstitions;
(6) Any content that spreads rumors, disrupts social order, or disrupts social stability;
(7) Spread any content that is obscene, pornographic, gambling, violence, murder, terror or abetting crime;
(8) Any content that insults or slanders others, infringes the legal rights and rights of others;
(9) Any content that incites illegal assembly, association, procession, demonstration or gathering to disrupt social order;
(10) Any content about activities carried out in the name of illegal NGOs;
(11) Contain any other content prohibited by laws and administrative regulations.
4.2.3.2. Publish, transmit, disseminate or store content that violates the legal rights of others' reputation rights, portrait rights, intellectual property rights, and trade secrets;
4.2.3.3. Fabricate facts or conceal the truth to mislead or deceive others;
4.2.3.4. Publish, transmit or disseminate advertising data or spam;
4.2.3.5. Engage in other behaviors that violate laws and regulations, policies, public order, social morality, etc.
4.2.4. Without the permission of Modou Technology, you are not allowed to conduct any commercial activities in the software, such as advertising and selling products.
4.3 You understand and agree:
4.3.1. Magic Bean Technology will determine whether the user is suspected of violating the above use specifications, and will suspend or terminate the license to you based on the judgment result, or take other restrictive measures in accordance with this agreement;
4.3.2. Magic Bean Technology will directly delete any data that is suspected of being illegal or infringing on the legal rights of others or that violates 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 must independently assume responsibility in your own name and protect Modou Technology from any loss or expense damage arising therefrom;
4.3.4. The user shall be responsible for any and all losses, third-party claims, administrative penalties, damages and/or expenses (including reasonable attorney’s fees, investigation and Evidence collection expenses) provide indemnity and protect Magic Bean Technology from loss.
5. Privacy Policy and Personal Data Protection
5.1. Protecting your personal information is very important to Modou Technology. We will collect, use and protect your data in accordance with our privacy policy.
6. Service risk and disclaimer
6.1. Users must purchase devices required for Internet access and use telecommunications value-added services through mobile terminal devices, and bear the communication fees generated by personal mobile terminal devices connecting to the Internet or collected by third parties (including but not limited to telecommunications and mobile communication operators) , Data costs and related expenses. If you need any telecommunications value-added services, it is recommended that you confirm the cost with the telecommunications value-added service operator.
6.2. Modou Technology and its partners are not responsible for any losses suffered by users due to third-party reasons (such as communication network failures, technical problems, network or mobile terminal device failures, system failures and various other force majeure factors).
6.3. This software, like most other Internet software, may be affected by some factors, including but not limited to user reasons, network service quality, social environment differences, etc., and may also be troubled by various security issues, such as others The use of user data causes nuisance to real life; other software downloaded or installed by the user, or other websites browsed by the user contain "trojan horse programs" and other viruses, which endanger the user terminal device data and data security, thereby affecting the software Normal use. Users should strengthen the 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 asks Modou Technology to provide specific services, the software may call a third-party system or software to support the user's use or access. The use or access results will be provided by a third party. Modou Technology does not guarantee the safety, accuracy and effectiveness of the results obtained by supporting the system or software, nor does it guarantee any other uncertain risks; if any disputes or losses arise as a result, Modou Technology will not bear any responsibility .
6.5 Modou Technology particularly asks customers to pay attention to it. In order to protect the company's business development and adjustment of autonomy, Modou Technology has the right to change or suspend the service at any time without notice and without any responsibility to the user or any third party.
6.6. Except as clearly provided by laws and regulations, we will try our best to ensure that the software and related technologies and information are safe, effective, accurate and reliable; based on the limitations of existing technologies, users understand that Modou Technology cannot guarantee.
6.7. For the loss of profit, data loss, business interruption or other business damage caused by or related to the following reasons, the user shall be solely responsible for personal injury, accident or consequential loss. Relevant circumstances include but are not limited to: (1) use or failure to use the licensed software; (2) unauthorized use of the software by a third party or modification of user data; (3) expenses and losses incurred by the user during the use of the software; (4) The user misunderstood the software; (5) Other losses related to the software were not caused by Modou Technology.
6.8. If any personal injury, death or property damage is caused by the actions taken by the user or other software users through any software, or the user is misled or fraudulent, the party at fault shall bear all the responsibilities caused thereby.
7. Intellectual Property Statement
7.1. Magic Bean Technology is the owner of the intellectual property rights of this software. Copyright, trademarks, patents, trade secrets and other intellectual property rights related to the software, as well as all information related to the software (including but not limited to text, images, audio, video, graphics, interface design, configuration, data or electronic files) Etc.) are protected by the laws of the People's Republic of China and corresponding international agreements. Magic Bean Technology owns the above intellectual property rights, and does not contain the Xiaomi/Mijia/Mitu trademarks.
7.2 Without the prior written consent of Modou Technology, the user shall not independently or allow any third party to use or transfer any of the above intellectual property rights for any commercial or non-commercial purposes. Magic Bean Technology reserves the right to pursue legal liabilities for such actions.
8. Revision
8.1. Modou Technology reserves the right to amend the terms of this agreement at its sole discretion from time to time, and any such revised terms will be published on relevant webpages in a timely manner. If you do not agree to any amendments, you should take the initiative to cancel related services. If you continue to use the service, you are deemed to have accepted the revised agreement.
8.2. Modou Technology or its partners reserve the right to modify or change the paid services, charging standards, charging models, service fees or terms of service provided from time to time at its sole discretion. When providing services, Magic Bean Technology may begin to charge users certain current or future fees. If the user refuses to pay such fees, he will not be able to continue to use related services after the billing starts.
9. Applicable law and dispute resolution
9.1. The validity and interpretation of this agreement are governed by the laws of the Mainland of the People's Republic of China. If there are no relevant legal regulations, you can refer to international commercial measures and/or general commercial measures.
9.2. Both the user and Modou Technology agree that all disputes arising from this service should be resolved through mutual negotiation first. If the dispute cannot be resolved through negotiation, either party may appeal the dispute to the court with jurisdiction in the place where this agreement is signed.
10. Other matters
10.1. For any specific services of the software, there may be independent agreements and related commercial terms (hereinafter collectively referred to as "independent agreements"), so please read and agree to the relevant independent agreements before using these specific services.
10.2. This agreement comes into effect on April 23, 2019.
10.3. The headings of all terms in this agreement are for reference only and should be ignored when interpreting this agreement.
10.4. If any clause of this agreement becomes invalid or becomes invalid or unenforceable for any reason, the other clauses of this agreement are still fully effective and binding on both parties of this agreement.
The final interpretation right of this agreement belongs to Shenzhen Modou Technology Interconnection Co., Ltd.