The date updated：January 16, 2023
Foreword ：
(I) [Careful Reading] Before you click and agree to this Agreement, you must carefully read and fully understand the contents of each clause, in particular the clauses of exempting or limiting liability, the applicable law, and the dispute resolution. The clauses of exempting or limiting liability are underlined in bold and you should read them with emphasis. If you have any questions about this agreement, you may consult the customer service of Neewer.
(II) [Signing Process] When you complete the operation according to the prompts on the page, it means that you have fully read, understood and accepted all contents of this Agreement. In the course of reading the Agreement, if you do not agree with this Agreement or any of its provisions, you should immediately stop the signing process.
The "Neewer" application and related technologies and functions (collectively referred to as “the Service") are operated by Shenzhen Neewer Technology Co., Ltd. The terms "You" and "User" in this Agreement (as defined below) mean any individual who uses and/or accesses the Service.
This User Agreement, Statement and Clauses, and other policies and information published or provided by the Service (collectively referred to as "the Agreement") are the clauses and conditions of which we provide the Service to you for use and access. Through this Agreement, you will learn about Neewer, the way Neewer provides the Service to you, Neewer's expectations of users of the Service, the permitted and prohibited activities of the Service, and services related to the Service, measures to address problems, and other important information.
Please read this Agreement carefully. If you access or use the Service, you will be deemed to have entered into a legally binding agreement with Neewer and agreed to accept this Agreement. If you violate this Agreement, Neewer shall have the right to unilaterally limit, suspend or terminate the service provided to you at any time based on your violation and hold you liable for such violation. If you do not accept and do not agree to this Agreement, please do not access or use the Service. If you have any questions about other policies and information published or provided under the Agreement or the Service, please contact us at the contact information below.
This Agreement is jointly signed by you and Shenzhen Neewer Technology Co., Ltd. (hereinafter referred to as "Neewer"). Including but not limited to Neewer Privacy Policy and other content. Neewer hereby reminds you that this Agreement may be changed from time to time as the product develops. If there is any change, the announcement will be published in a prominent place of the product or the related page and the user will be informed. If you do not agree to the changes, you have the right to withdraw from the program at any time, and your failure to voluntarily withdraw will be deemed to have accepted the changes. If you continue to use it, you will be deemed to have no objection to the revised rules and agree to abide by them.
You must be at least 18 years of age to access and use the Service. If you are under the age of 18 and need to use the Service, your legal guardian must read this Agreement with you and obtain their consent. At the same time, we recommend that your legal guardian supervise and guide your use of the App.
You shall comply with the applicable laws and regulations of the jurisdiction in which you reside and in which you access or use the Service.
5. The service
This service is the intelligent device management service provided by Neewer for you. You can realize the linkage with Neewer products by controlling the intelligent terminal equipment. The service content includes intelligent device control, device management, scene linkage, etc. These functional services may be optimized or modified according to the change of user needs or the unilateral judgment of the service provider, or the service may be temporarily suspended due to regular or irregular maintenance.
6. Account security
You shall keep your Neewer account username and password (collectively referred to as the "Account Information") in safe custody and shall not share such information with anyone. We recommend that you choose a high-security password and keep it safe. You are responsible for keeping your password secure. If you provide details of your account and trading information to third parties, you shall be responsible for any loss and liability resulting therefrom.
7.1 Neewer gives you the right to use the product concerning the software.
7.2 You shall not license, sell, lease, transfer, distribute, or otherwise use the Product for commercial purposes.
7.3 You may only use the Licensed Software on the authorized system platform and terminal due to limitations on the software adaptation platform and terminal. If you install the Licensed Software on other terminal devices, it may cause damage to the functions of your hardware or software.
7.5 Neewer may change, upgrade or transfer the Licensed Software and related functions from time to time, and may add new functions or services to the Licensed Software System. If there is no independent agreement for the above-mentioned new functions and services, you can still obtain the authorization of the corresponding functions and services and apply this agreement.
7.7 You shall properly keep your account and password. If you find that there are security risks (including but not limited to the disclosure of user password), you shall timely notify Neewer, and Neewer will assist you to take measures. Otherwise, you will be responsible for all actions under your account, and you will assume all responsibilities.
8.1 You have been informed that some of Neewer's services may be used based on software or services provided by third parties. The services are set up to provide convenience to you and are legally authorized by such third parties.
8.2 This product contains some information and services of third parties. Neewer does not control and is not responsible for the information and services of third parties.
8.3 You understand that Neewer cannot guarantee that the Licensed Software will be used permanently or include the Services, or that it will continue to use other software provided by the same third party, or that it may use similar services provided by other third parties in the future, and that this provision will apply to such software or services once they are enabled.
9.Use rules
9.1 You shall use the Service in a standard manner unless expressly provided in this Agreement or permitted by applicable laws, you agree and promise not to do any of the following activities:
1) Publish or share computer viruses, worms, malicious codes, software that intentionally damages or alters computer systems or data;
2) Collect information or data of other users without authorization, such as email address, etc.;
3) Maliciously using the product in an automated manner, causing excessive burden to servers or in other ways to interfere with or damage the website servers and network links;
4) Attempt to access the server data or communication data of the Product without authorization; 5) Interfering or destroying the use of other users of the product.
9.2 You understand and agree that:
1) Neewer will determine whether you are suspected of violating the above usage specifications, and will suspend or terminate the use license or take other restrictive measures according to the results of the determination.
2) Neewer will directly delete any information posted by you when using the Licensed Software that is suspected of breaking the law or infringing the legal rights of others or violating the Agreement.
3) If your violation of the above usage specifications causes damage to any third party, you shall bear the legal liability independently in your name and ensure that Neewer is free from any loss or additional expenses arising therefrom, otherwise, Neewer has the right to recover from you. 4) If you violate relevant laws or provisions of this Agreement and cause any loss to Neewer, you shall indemnify Neewer for the loss and/or expenses incurred therefrom.
10.Information content rules
You undertake and agree to access and use the Services lawfully and ethically in accordance with this Agreement. You understand and agree that you may not use the Service to transmit any information of the following nature, or otherwise participate in any activity of the following nature:
10.1 Upload, transmit or share any of the following information:
1) Violating the fundamental principles outlined in local laws and regulations.
2) Endangering national security, divulging state secrets, subverting state power, or undermining national unity;
3) Injuries to national honor and interests;
4) Inspire ethnic hatred, ethnic discrimination or destroy national unity;
5)Undermine national religious policies and propagate cults and feudal superstitions;
6) Spreading rumors, disturbing social order, and destroying social stability;
7) Spreading obscenity, pornography, gambling, violence, murder, terror, or abetting crimes;
8) Insulting or slandering others or infringing on the legal rights of others;
9) Contains false, fraudulent, harmful, coercive, invasion of others' privacy, harassment, infringement, slander, vulgar, obscene, or other morally objectionable content;
10) Contains other contents that are restricted or prohibited by applicable laws, regulations, rules, regulations, and any regulations with legal force.
Protecting your personal information is important to Neewer. We have formulated the Neewer Application Privacy Policy, which makes important disclosure of your information collection, use, sharing, storage, protection, and other aspects of the related content. It is recommended that you read the Neewer Application Privacy Policy in its entirety.
12.Disclaimer
12.1 Except as expressly provided by laws and regulations, Neewer will use its best efforts to ensure that the Licensed Software and the technology and information involved are safe, effective, accurate, and reliable. However, due to the limitations of the existing technology, Neewer cannot guarantee this.
12.2 You understand that Neewer is not liable for any direct or indirect loss caused by force majeure or any third party.
12.3 You shall be responsible for any personal injury or incidental or indirect damages caused by or in connection with any of the following circumstances:
1) unauthorized use of the licensed software by a third party or alteration of your data;
2) Costs and losses arising from acts performed using the Licensed Software;
3) Your misunderstanding of the Licensed Software;
4) Other losses related to the Licensed Software not caused by Neewer.
12.4 Any software derived from any display licensed software that is not developed and officially published with the authorization of Neewer or Neewer is illegal. Downloading, installation and use of such software may cause unpredictable risks. The legal liability and disputes arising from this display are not related to Neewer. Neewer reserves the right to suspend and terminate the License and/or all other Services.
12.5 You have been informed that the use of Neewer Platform involves Internet services and may be affected by unstable factors in various links. Although Neewer has taken security measures, this service could still have inherent defects of the Internet and electronic communication and any party cannot reasonably control the time of this agreement (including not limited to, fire, flood, terrorist attacks, plague, natural disasters, riots, terminal virus, hacker attacks, network fault, terminal malfunction) and suspension, interruption, delay, use restricted or use unable. You hereby expressly assume the above risks and agree that Neewer shall not be liable to you if the normal operation of the Service is affected by the actual occurrence of such risk events.
13.Termination of Agreement and Liability for Breach of Contract
13.1 You shall understand that using the Neewer Service requires you to use the Licensed Software within the scope of authorization, respect the intellectual property rights of the Software and the contents contained in the Software, use the Software in accordance with the specifications, and perform obligations as agreed herein. If you materially violate this Agreement, Neewer will terminate the license.
13.2 Your use of the Software depends on the supporting services provided by Neewer's affiliates. If you violate the terms, agreements, rules, notices and other relevant provisions with Neewer and its affiliates, you may not be able to use the licensed software normally, and Neewer has the right to terminate the license. Or restrict your license and other rights under Neewer's control, including suspending or terminating your license, in any manner agreed herein.
13.3 In the event that you breach this Agreement or any other agreement entered into with Neewer, Neewer may notify its affiliates to take restrictions on your rights and interests, including requiring affiliates to suspend or terminate the provision of some or all of the services to you and publicize your breach on the websites operated or controlled by Neewer in accordance with the law.
13.4The licensed software is downloaded and obtained by you from the download platform. You need to abide by the Agreement of the download platform, system platform, and terminal manufacturer on the way and limitation of your use of the licensed software. If the third party mentioned above confirms that you violate the agreement and Neewer needs to deal with it, Neewer may terminate your use license at the request of the third party.
13.5 Upon termination of this License, you shall stop using the licensed software and destroy all copies.
13.6 If you violate the provisions of this Agreement and cause losses to Neewer or other users, you must be fully liable for compensation.
14.1 The validity, interpretation, modification, execution, and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China. In the absence of relevant laws, reference shall be made to generally international business practices and/or industrial practices.
14.2 Both parties agree that the signing place of this Agreement is Luohu District, Shenzhen City, Guangdong Province. Any dispute arising from the performance of this Agreement shall be settled through negotiation. If no agreement can be reached through negotiation, both parties shall and can only resort to the people's court having jurisdiction in the place where the agreement is signed to settle the dispute through litigation.
14.3 If any provision of this Agreement is held to be invalid by a competent people's court, it shall not affect the validity of any other provision or any part thereof, and you and Neewer shall perform it in good faith.