Software License and Service Agreement

Version: June 2018

Read this Agreement completely and carefully before you accept it. Pay close attention to the sections in bold or that are underlined. If you have questions about any part of this Agreement, contact the relevant business unit for an explanation. Do not proceed if you disagree with any part of this Agreement or if you do not understand our explanation.

This Software License and Service Agreement (this "Agreement") is made by and between you and Hangzhou Danqoo Network Media Technology Co., Ltd. ("Danqoo").

This Agreement consists of the main text, schedules, and all business regulations, activity rules, notices, and announcements that Danqoo has published or may publish in the future (collectively, "Rules"). The Rules include the Service Agreement, Legal Statement, and Privacy Policy. All Rules form an integral part of this Agreement and have the same legal effect as the main text of this Agreement.

Danqoo has the right to create or change this Agreement and its Rules as needed. Danqoo will announce any changes on its website. You will not receive a separate notice. Changes take effect as soon as they are announced and become part of this Agreement. If you disagree with a change, you must stop using the service immediately. Your continued use of the service constitutes your acceptance of the changes and your agreement to abide by them.

1. Definition
   • Licensed Software is a software system developed by Danqoo. You can download it from a download platform. It can only be installed and used on mobile devices that run a supported operating system, such as Android or iOS.
   • Service refers to the services that Hangzhou Danqoo Network Media Technology Co., Ltd. provides to you. You can use the Service on mobile devices through the Licensed Software.
2. Scope of Service
   • Danqoo offers a service to control smart home devices. With Danqoo, you can control smart devices connected to Aliyun Link, a smart living Internet of Things (IoT) platform. This lets you create interactions between smart devices. The Service includes functions such as smart device management, scenario interaction, and analysis and reporting. These functions may change based on user needs, service upgrades, or at the service provider's discretion. The Service may also be suspended for regular or unscheduled maintenance.
3. Scope of Authorization
   • Danqoo grants you a non-transferable, non-sublicensable, and non-exclusive license to install and use the Licensed Software.
   • You can only use the Licensed Software on supported platforms and devices because of compatibility restrictions. If you install the Licensed Software on other devices, such as desktop computers, laptops, televisions, or set-top boxes, your hardware or software may be damaged.
   • The Licensed Software is for non-commercial use only. You must not install, use, or run it for commercial purposes. You must obtain prior written permission from Danqoo for any commercial use, such as copying, distributing, pre-installing, or bundling the software.
   • Danqoo may change, upgrade, modify, or transfer the Licensed Software and its functions at any time. Danqoo may also develop new functions or other services. If these new functions or services do not have a separate agreement, this Agreement applies to them.
4. Third-Party Software or Services
   • The Licensed Software may use or include software or services from a third party ("Third-Party Services"). These Third-Party Services are included for your convenience and are authorized by the third party.
   • When the Licensed Software uses Third-Party Services, the third party is the provider of those services. You must agree to their service agreement, pay any fees, and accept the risks before and during your use of their Third-Party Services. Danqoo does not grant you any rights to use these Third-Party Services or provide any warranty for them. Danqoo cannot provide customer support for these Third-Party Services. You must contact the third party directly for support. If a dispute arises from your use of the Third-Party Services, you must resolve it directly with the third party.
   • The Licensed Software currently uses or includes these Third-Party Services. Danqoo does not guarantee that it will always use or include them. In the future, the Licensed Software may use other services from this third party or other third parties. If it does, this Article 4 will apply.
5. Service Regulations
   • You must use the Licensed Software in accordance with the rules. You must not:
     • Violate any laws, regulations, or policies. You must not harm public order, social ethics, or the public interest.
     • Lease, lend, copy, modify, link to, reproduce, compile, issue, or publish the Licensed Software or its related information without our approval. You must not create a mirror site. You must not use the Licensed Software to develop related derivative products, works, services, plug-ins, or interconnections without our approval.
     • Log in to or use the Licensed Software with any third-party software, systems, or plug-ins that are not developed, authorized, or approved by Danqoo or its affiliates.
     • Delete any copyright information from the Licensed Software or its copies. You must not alter, delete, or bypass any technical measures used to protect intellectual property.
     • Lease, lend, or sublicense the Licensed Software to a third party without Danqoo's written consent. You must not use multiple versions of the Licensed Software or transfer them separately after an upgrade.
     • Copy, disassemble, or modify the Licensed Software or any part of it, or create derivative works from it. You must not copy, modify, intercept, or create derivative works from data that the Licensed Software transmits to or from the server during operation. This includes using plug-ins or unauthorized third-party tools or services to access the Licensed Software and its systems.
     • Do not endanger information network security. This includes damaging or destroying the Licensed Software, rendering it inoperable, or disrupting its use by a third party. Do not access another person's computer system to delete, modify, or add stored information without permission. Do not intentionally spread malicious programs or viruses, or take any other action that undermines or disrupts normal network information services.
     • Use the Licensed Software to publish, transmit, communicate, or store content that infringes on another person's intellectual property rights, trade secrets, or other legal rights. You must not commit fraud, use another person's account or funds without authorization, or commit other crimes.
     • Add, delete, or modify the functions or operational effects of the Licensed Software by modifying or creating instructions, data, or data packets during its operation. You must not distribute or operate software designed for such purposes.
     • Use the Licensed Software in any other illegal way, for any illegal purpose, or in any way that is inconsistent with this Agreement.
   • You understand and agree to the following:
     • Danqoo will determine if you have violated these rules. If you are found to be in violation, Danqoo may suspend or terminate your license or take other restrictive measures.
     • Danqoo will delete any information you publish that is suspected of violating the law, breaching this Agreement, or infringing on the rights of others.
     • If your violation of these rules harms a third party, you are solely responsible for the legal liability. You must indemnify and hold Danqoo harmless from any resulting loss or additional expense.
     • If you violate laws or this Agreement and cause Danqoo to suffer a loss, face a third-party claim, or be penalized by an administrative authority, you must compensate Danqoo for its losses and expenses. This includes reasonable attorney's fees and costs for investigation and evidence collection.
6. Regulations on Information Content
   • You agree not to use the Service for any illegal or improper actions. These include, but are not limited to, the following:
     • Uploading, transmitting, or sharing information that contains any of the following content:
       • Opposes the basic principles of the Constitution.
       • Endangers national security, reveals state secrets, subverts state power, or undermines national unity.
       • Harms national honor and interests.
       • Incites ethnic hatred or discrimination, or undermines ethnic unity.
       • Violates national religious policies, or promotes cults or superstition.
       • Spreads rumors, disturbs public order, or undermines social stability.
       • Promotes obscenity, pornography, gambling, violence, murder, or terror, or encourages crime.
       • Insults or defames others, or infringes on the legal rights of others.
       • Is false, fraudulent, harmful, coercive, invasive of another's privacy, harassing, infringing, slanderous, vulgar, obscene, or otherwise morally offensive.
       • Is restricted or prohibited by the laws, regulations, rules, and ordinances of the People's Republic of China (PRC).
     • Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
     • Forging titles or otherwise manipulating identifiers to mislead others into believing that the content is transmitted by Danqoo or its affiliates
     • Uploading, transmitting, or sharing any content that you are not authorized to share due to law, contract, or a fiduciary relationship. This includes internal materials or confidential data obtained through employment or a non-disclosure agreement.
     • Uploading, transmitting, or sharing any content that infringes on another person's rights. These rights include copyrights, patents, trademarks, trade secrets, or other intellectual property rights.
     • Stalking or otherwise harassing others, or sending unsolicited bulk messages to other users through the Service.
     • Uploading, transmitting, or sharing advertisements, promotional materials, spam, chain letters, direct sales materials, or other solicitations, except in areas of the Service, if any, that are designated for such purposes.
     • Using the Service in critical sectors for which it was not designed. These include nuclear facilities, military applications, medical facilities, and transportation and telecommunication systems. Danqoo is not legally responsible for any personal injury, death, property loss, or environmental damage caused by the failure of such operations.
     • Any internal or external activity between friends or users that is not considered standard communication.
     • Adding friends or encouraging others to add you as a friend for purposes other than normal communication. This includes sending advertisements, spam, or harassing or illegal information.
     • Sending large amounts of information to your friends or other users through the Service.
     • Committing any act that violates the "seven baselines": laws and regulations, the socialist system, national interests, citizens' legal rights, public order, social morality, and information authenticity.
     • Committing any act that violates PRC laws, regulations, rules, policies, or other official documents.
7. Privacy Policy and Data
   • Protecting your personal information is important to Danqoo. Danqoo has created the Legal Statement and Privacy Policy, which provide important information about intellectual property rights and the collection, use, sharing, storage, and protection of your data. These topics are vital to your interests. We recommend that you read the full Legal Statement and Privacy Policy to better protect your personal information.
8. No Guarantee and Limitation of Liability
   • Unless required by law, Danqoo will use its best efforts to ensure the Licensed Software and its related technology and information are safe, effective, accurate, and reliable. However, you understand that due to the limits of current technology, Danqoo cannot provide such guarantees.
   • You understand that Danqoo is not liable for your direct or indirect losses caused by force majeure or any third party.
   • You are fully liable for any personal injury or any incidental or indirect damages that arise from or are related to the following situations. This includes, but is not limited to, damages from loss of profit, loss of data, business interruption, or other commercial damages or losses:
     • Using or being unable to use the Licensed Software.
     • Unauthorized use of the Licensed Software or modification of your data by a third party.
     • Costs and losses that result from using the Licensed Software.
     • Your misunderstanding of the Licensed Software.
     • Any other loss related to the Licensed Software that is not caused by Danqoo.
   • Any software derived from the Licensed Software that was not developed and officially released by Danqoo or with Danqoo's authorization is illegal. Downloading, installing, and using such software can create unforeseeable risks. Danqoo is not legally liable for and will not resolve any disputes that arise from such software. Danqoo has the right to suspend or terminate your license and all other services.
   • Danqoo may recommend ingredients, food, fitness goals, and other information based on nutrition, balanced diets, and exercise. However, you understand and agree that this information is for reference only. It is not professional or medical advice. You must evaluate the suitability of the information for your personal situation and exercise with care.
9. Intellectual Property Rights
   • Danqoo owns the copyright, patents, trademarks, trade secrets, and other intellectual property rights for the Licensed Software. This includes all related documents and materials.
   • All marks, logos, and names related to the Licensed Software are the intellectual property of Danqoo and its affiliates and are protected by law. Without express authorization from Danqoo, you must not copy, imitate, use, or publish any of these marks, logos, or names. You must not modify or delete any mark, logo, or identifying information that indicates Danqoo and its affiliates.
   • Without prior written consent from Danqoo and its affiliates, you must not use or transfer these intellectual property rights for any commercial or non-commercial purpose. You must not allow any third party to do so.
10. Termination and Liability for Breach
    • Your license is granted on the condition that you use the Licensed Software as authorized, respect its intellectual property rights, follow all rules, and fulfill your obligations under this Agreement. If you materially breach this Agreement, Danqoo may terminate your license.
    • Your use of the Licensed Software depends on services from Danqoo's affiliates. If you breach any terms, agreements, or rules of Danqoo or its affiliates, they may terminate your services. This may prevent you from using the Licensed Software. In that case, Danqoo has the right to terminate your license.
    • To maintain platform order and protect consumers, if you make a commitment to Danqoo or its affiliates and are found to be in violation of that commitment, Danqoo may take action. If the relevant company confirms your violation and requests that Danqoo take action, Danqoo may restrict your license and other rights. This may include suspending or terminating your license, as agreed upon in your commitment or agreement.
    • If you breach this Agreement or other agreements with Danqoo, Danqoo may notify its affiliates. Danqoo may require them to take restrictive measures against your rights and interests. This includes suspending or terminating some or all services provided to you. It also includes announcing your breach on any websites they operate or control.
    • You can download the Licensed Software from a download platform. You must follow the rules and restrictions of the download platform, system platform, and device manufacturer. If any of these third parties confirms that you have violated their rules and requests that Danqoo take action, Danqoo may terminate your license at their request.
    • When this license is terminated, you must stop using the Licensed Software and destroy all copies of it.
    • If you breach any part of this Agreement and cause losses to Danqoo or other users, you must fully compensate them. If Danqoo is held liable as a result, you agree to compensate Danqoo for its expenses and losses, including reasonable attorney's fees.
11. Governing Law and Severability
    • The laws of the People's Republic of China govern the validity, interpretation, modification, and performance of this Agreement, along with the resolution of any disputes. If no specific law applies, general international business practices or industry practices shall apply.
    • If a dispute arises from this Agreement, you can attempt to resolve it through friendly negotiation with Danqoo. If negotiation fails, the dispute will be submitted to the competent people's court where the respondent is located.
    • If a competent court finds any part of this Agreement to be invalid, it does not affect the validity of the other parts. You and Danqoo must still adhere to the valid parts in good faith.
12. Miscellaneous
    • Danqoo may change the entity that provides software services to you due to business adjustments. The new entity will assume this Agreement with you and provide services to you. These changes will not affect your rights and interests under this Agreement. In case of a dispute, you can identify the responsible entity based on the specific services you used and the party whose actions affected your rights.
    • All headings in this Agreement are for convenience only. They have no actual meaning and cannot be used to interpret this Agreement.