Software License and Service Agreement
[Important Notice]
Dongguan Hele Electronics Co.,Ltd.(referred as Hele hereafter) advises you read and understand Software License and Service Agreement(the “Agreement” ). Please carefully read and fully understand the content of each term, in particular the terms with respect to exemption or limitation of liability in bold form and choose to accept them or not (people who are under age should read this Agreement with their legal guardians). Your downloading, installation, use, acquisition of any Weixin account, login and other similar acts shall be deemed that you have read and agreed to be bound by the Agreement.
Hele reserves the right to modify the terms of this Agreement. Any updates on this Agreement shall be displayed on Hele’s official site or the software and take effect on the published day forthwith. You can check the terms of the Agreement in the latest version of this Software. If you continue to use the Software upon any change to the terms of this Agreement, you shall be deemed to have accepted the amended Agreement. If you do not accept the modified Agreement, you should stop using the Software.
1.1. This Agreement is entered into by among you, Hele and its cooperation partners (referred as Partners hereafter) regarding your download, installation, use, copy of QCY (referred as the Software hereafter) and your use of related services of Hele.
1.2. The Software is a sport and health care App relying on smart hardware. The Software offers step counting, GPS sport tracing, workout instruction, health analysis and other functions.
1.3. The Software and service are provided by Hele. The Software can be installed and used in any, including but not limited to, mobile smart end device to synchronize data collected by Hele and trace your workout.
1.4. Hele reserves ownership and franchise of the Software and services.
2.1. Lisheng grants you a personal, non-transferable and non-exclusive license to use the Software, yet you shall grant no third party such rights.
2.2. You may install, use, display and run the Software for a non-commercial purpose on a single terminal device. You shall not copy or modify any data in the Software, sent by the Software to other end device or transferred between client device and server. You shall not use the Software through any plug-ins or to create any forms of derived tools (including but not limited to plug-ins). You are not allowed to access the Software and related systems through any unauthorized tools/services. You need to require Hele’s written authorization letter and permit prior to any sale, copy or distribution (like pre-installation or bundle sale) of the Software.
2.3. You shall not install the Software in other end devices not permitted by Hele, including but not limited to Set-Top Box, Gaming Console, TV or DVD Player prior to Hele’s permit.
2.4. You may make a copy of the Software for using the Software and Services, and shall only use the copy as a backup. The copy must contain all the copyright information contained in the original Software.
2.5. Other rights not stipulated in this Agreement shall be reserved by Hele. You shall not use such rights until granted by Hele in written form.
3.1. You shall download and install this Software on sites appointed by Hele, otherwise your account data may be damaged or stole by malicious software. If you access any software or program sharing same names with this Software from other third party not authorized by Hele, Hele cannot guarantee such software or program functions and Hele assumes no accountability for any damages caused by such software and program.
3.2. You need to choose the version matching their installed terminal devices, otherwise you shall be accountable for any software issues, device issues or damages.
3.3. In order to improve user experience and service contents, Hele shall reserve rights to change, modify and update the software. Hele shall also reserve the rights to charge such change, modification and update, yet such charge shall be with special notice to you in advance. The Software acquiesces in that you have activated “Update Notice”. For choosing the Software version, Hele allows you to choose turn on or off “Update Notice”. Hele does not guarantee that the old versions of the Software continue to be available after the release of the latest version of the Software.
4.1. You may not engage in any of the following acts in the course of your use of the Software except as permitted by law
4.1.1. Delete the copyright information on the Software and its copies or other technical approaches aiming at modifying, deleting or evading copyright of the Software.
4.1.2. Conduct reverse engineering, reverse assembly and reverse compiling on the Software, or other attempt to discover the source code of the Software;
4.1.3. Add, delete, change the functions or operating effects of the Software by modifying or forging the instructions and data of the Software, or operate or spread to the public the software and methods used for the purposes described above, whether or not such acts are for commercial purposes.
4.1.4. Any acts using the Software to hazard internet safety, including but not limited to using any unauthorized data, accessing unauthorized server/account, accessing to public internet or other operation systems and deleting, modifying or adding data with no authorization, seeking to spy, scan or test the Software system or internet weakness, trying to interfere or damage operation of software system or website, deliberately spreading malicious software or virus, forging the names of TCP/IP packets.
4.1.5. Login or use the Software and Services through any third-party software, plug-in, add-on or system that are not developed or authorized by Hele, or produce, publish, disseminate the these tools;
4.1.6. Acts that operate the Software or its data including but not limited to using, renting, lending, copying, modifying, linking, reproducing, compiling, releasing, publishing or establishing a mirror site or developing any derivative works, services or plug-ins that are compatible or linkable to the Software with no Hele’s written permit.
4.1.7. Acts that use the Software to publish, transfer or spread any contents that violate national las, endanger national security, undermine national unity, social stability or public order, or disseminate obscenity, pornography or violence.
4.1.8. Acts that use the Software to publish, transfer, spread or store contents that infringe legitimate rights of others, including the right of reputation, intellectual property right and trade secrets.
4.1.9. Acts that use the software to publish, transfer or spread advertising or harassment emails.
4.1.10. In any illegal ways or ways not permitted by this Agreement or for any illegal purposes, use the Software and Services.
4.2. Data Release Specification
4.2.1. You may release any data, like views, words, user name, picture, photo, personal information, audio, video or links through the Software. You shall guarantee that you have been granted to use such data or own IPR for such data, and cause no infringement to legal rights of any third party.
4.2.2. When using the Software, you shall comply with the requirements of "seven bottom lines" including laws and regulations, socialist systems, national interests, legitimate interests of citizens, public order, social morality and information authenticity;
4.2.3.1. Create, copy, publish, spread or store any contents that (1) violate the basic principles established by Constitution; (2) endanger national security, divulge state secrets, subvert state power and undermine national unity; (3) damage national honor and interest; (4) incite national hatred and ethnic discrimination, and destroy national unity; (5) undermine national religious policies and promote cults and feudal superstition; (6) spread rumors, disturb the social order and undermine social stability; (7) Disseminate obscenity, pornography, gambling, violence, terror or abet any crime; (8) Insult or slander others and infringe legitimate rights and interests of others; (9) Incite illegal assembly, association, procession, demonstrations and gatherings disrupting the social order; (10) Carry out any activity in the name of any illegal civil organization;
(11) violate laws or regulations.
4.2.3.2. Release, transfer, spread or store contents infringing legitimate rights of others including right of reputation, right of portrait, intellectual property right and trade secrets;
4.2.3.3. Fabricate facts or conceal the truth to mislead or deceive others;
4.2.3.4. Carry out any business acts like advertising and marketing with no Hele’s approval.
4.2.3.5. Conduct any acts that violate laws, regulation, public order or social morality.
4.8. For any downloads of the Software from sites not appointed by Hele or medium not released by Hele, Hele cannot guarantee that such Software carries no virus, Trojan – horse programs or other hacking programs. Hele do not recommend you to download, install and use such Software which may cause unpredictable risks. Hele shall assume no accountability for any results caused by such acts.
4.3 You understand and agree:
4.3.1. Hele shall be entitled to judge if you violate the specifications above said. Hele shall be entitled to suspend or terminate your use license for the Software or implement other limits upon confirmation of such violation.
4.3.2. Hele may delete any data infringing other people’s legal rights or breaching this Agreement.
4.3.3. If you breach the above specifications causing any damages to third party, you shall be fully accountable for such damages alone. Hele shall be free from any indemnity or accountability incurred from such damages.
4.3.4. If Hele suffers any damages, claims, administrative punishment, other cost(including proper lawyer’s fee, fee of investigation and evidence taking) caused by your illegal acts or breach to this Agreement, you shall indemnify Hele for such damages, claims, administrative punishment, other cost(including proper lawyer’s fee, fee of investigation and evidence taking).
5.1. It is a fundamental principle of Hele to protect your personal information. For the sake of delivering services and improving use experience, Hele will collect the following information:
5.1.1. Your information: we may collect and use your account, avatar, nickname, sex, time zone, language, region and other information to create your account on QCY.
5.1.2. If you purchase products on QCY, we will collect related data, including but not limited to payment, delivery, bank account, billing address, financial data, contact records etc, to process with your order.
5.1.3. Your personal physical data: once open QCY, we need you to provide birthday, height, weight, sex to calculate your workout results.
5.1.4. Records of the device: when you use QCY, we will record your personal data including but not limited to activity, sleeping, heart rate, weight, body composition(body fat, muscle weight, water content, metabolic rate)
5.1.5. Call/message: when you use incoming call, message notice services, you will receive any incoming call and message. If you permit to obtain caller’s information to display caller when receiving his/her call or message, QCY will not store such caller’s information.
5.1.6. Phone information: when you use QCY, we need to confirm whether the app supports your phone.
5.1.7. Internet using data: we may collect your internet type, signals related to QCY’s specific functions.
5.1.8. Location: when you use programs or services based on location, we may collect your location information. For example, when you use the app tracing your running, advertising based on location, weather report or map, your location will be sent back to haylou to provide precise contents.
5.1.9. Log information: when you visit the server of QCY, it will record data including but not limited to IP address, browser, source page, operation system, time line.
5.1.10. Device Information: when you connect QCY to hardware device, non-personal data including but not limited to unique identifier，hardware version and location of the device will be updated to the server. Such non-personal data may be used to update system or software, or set the device to factory.
5.1.11. Debugging information: if you choose to upload debugging information to assist us analyze question, such information will be sent to our server. Hele has instituted stern information process regulations and safety measures to secure all collected information are used for certain purpose and range stipulated in this Agreement and protect your information from theft. Except for the circumstances prescribed by laws and regulations, Hele will not make public or disclose the such personal information to any third party without your permission.
6. Service Risk & Disclaimer
6.1. This Software will use the processor, bandwidth and other resources of your terminal device in order to provide you with effective services. The costs of data traffic may incur during use of the Software, and the user shall acquire relevant fee information from the operator on its own and bear relevant costs. If you need any telecom value-added service, please check the cost with the operator.
6.2. Hele and Partner shall take no accountability for any damages caused by third party(like network failure, technical issue, network or mobile device failure, system failue and other irresistible factors).
6.3. You understand and agree that the Software, like most Internet software, may be affected by a variety of factors including but not limited to users’ reasons, network service quality and social environment, or may be interfered by various security issues, including but not limited to illegal use of user information by others to conduct harassment in real life, and that other software downloaded and installed and sites visited by the user may contain viruses, Trojans or other malicious programs, which may endanger the security of information and data in your terminal device and then affect the normal use of the Software. Therefore, you should strengthen the awareness of information security and protection of personal information, and pay attention to password protection, to avoid any loss.
6.4. When the user uses this Software or requires Hele to provide any specific service, this Software may support the user’s use or access by invoking a third-party system or through a third party. The third party provides the results of use or access. Hele does not guarantee the security, accuracy, effectiveness and other uncertain risks of the services and contents provided by such third parties. Any dispute or damage caused therefrom is irrelevant to Hele, Hele therefore will not assume any responsibility.
6.5 Please note that Hele shall be entitled to change or pause the Service seeking to develop or reform its business. In such case Hele may not notice you and shall assume no accountability for any results caused by such case.
6.6. Otherwise required by laws, Hele will make its reasonable commercial efforts to maintain your data stored in the Software and Services safe, but Hele cannot warrant that your data is absolutely safe, especially:
6.7. You shall assume accountability for any profit loss, data loss, operation breakdown or business damage caused by the following cases: 1. use unauthorized software; 2. with no authorization, third party use this Software or modify your data; 3. Any cost or damage when using this Software; 4. Misunderstanding this Software; 5. Other damages related to this Software not caused by Hele.
6.8. Any person using this Software to damage your physical body or property shall assume all responsibilities accordingly.
7. Statement on Intellectual Property Rights
7.1. All intellectual property rights of this Software and all contents related to this Software including but not limited to words, icons, figures, charts, color, UI design, layout, information, additional programs, printings, documents belong to Hele and governed by Copyright Law, Copyright Convention and other IPR laws.
7.2 You may not or permit any third party to implement, use, or transfer any of the above intellectual property rights for any commercial or non-commercial purpose without the prior written consent of Hele. Hele reserves the right to pursue legal liability.
8.1. Hele reserves the right to modify the terms of this Agreement when necessary. You can check the terms of the Agreement in the latest version of this Software. If you continue to use the Software upon any change to the terms of this Agreement, you shall be deemed to have accepted the amended Agreement. If you do not accept the modified Agreement, you should stop using the Software.
8.2. Hele and Partners reserve the right to modify any charging service, charging standards, charging mode or service terms at any time. Once Hele starts to provide service, Hele may charge current or future fee from you. If you refuse to be charged, you will not be provided any related services.
9.1. Hele shall be entitled to terminate service, if any of following case occurs:
9.1.2. Breach any term of this Agreement;
9.1.3. Use other people’s information to register account;
9.1.4. Your information or data includes any false contents;
9.1.5. You do not accept any updated terms of this Agreement;
9.1.6. Other cases that Hele considers terminating service.
9.2. If service has been terminated, Hele is not obligated to store any information related to your account or re-send any unread or unsent messages to third party.
9.3. You understand and agree that even this Agreement and your service are terminated, Hele reserves the right to;
9.3.1. Store your account information
9.3.2. purse your accountability for any acts violating laws or breaching regulations when using QCY.
10.1. As for the network service, you understand and agree that Hele may change or suspend parts or all of its network service and delete all data submitted by you with no notice to you. Hele shall assume no accountability for any results from such practices.
10.2. Hele needs to test or update its network, which may suspend its network service. Hele shall assume no accountability for such breakdown.
11.1. The formation, entry into force, performance and interpretation of this Agreement shall be governed by the laws of the Mainland of the People's Republic of China. If there is no governing laws, International Measures in Trade and/or General Measures in Trade.
11.2. This Agreement is signed in Dongguan City, Guangdong Province of the People's Republic of China.
11.3. If any dispute arises between you and Hele, the dispute shall be first resolved by negotiation; where the negotiation fails, you agree to submit the dispute to the people's court with jurisdiction at the signing place of this Agreement.
12.1. For any specific services in this Software or featuring independent agreement and related trade terms (referred as Independent Agreement), please read and agree Independent Agreement prior to enjoy such services.
12.2. This Agreement shall take effect on 1st. June 2019.
12.3. The headings of all the terms of this Agreement are for convenience only and do not have any actual meaning. They shall not be taken as a basis for the interpretation of the meaning of this Agreement.
12.4. Where any provision of this Agreement becomes invalid or unenforceable for whatever reason, the remaining terms shall remain in force and binding on both parties.