NEEWER User Agreement

Updated: March 28, 2022

Effective from: March 28, 2022

Introduction:

A. [Please read carefully] Before you click to agree to this agreement, you must carefully read and fully understand the contents of each clause, especially those concerning exemption or limitation of liability, application of law and dispute resolution. The clauses of exemption or limitation of liability will be underlined in bold, which you should review. If you have any questions about this agreement, you can reach out to our customer service team.

B. [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 the contents of this agreement. In the process of reading this agreement, if you disagree with this agreement or any of its clauses, you should immediately cease from continuing with the signing process.

1. About us

The NEEWER Teleprompter application and related technologies and functions (hereinafter collectively referred to as “the Services”) are software developed and operated by Shenzhen NEEWER Technology Co., Ltd. (hereinafter referred to as “we” or “NEEWER”) and/or its affiliated companies. “You” and “user” in this Agreement (as defined below) refer to any individual who uses and/or accesses the Services.

2. Purpose of the agreement

This user agreement, statements and clauses and other policies and information issued or provided by the Services (hereinafter collectively referred to as “this Agreement”) are the terms and conditions on which we provide you with the Services for use and access. Through this agreement, you will learn about NEEWER, the way NEEWER provides you with the Services, NEEWER’s expectations for users of the Services, the activities allowed and prohibited by the Services and related services, measures to deal with problems and other important information.

3. Accept this Agreement

Please read this Agreement carefully. If you access or use the Services, it is deemed that you have reached a legally binding agreement with NEEWER and agreed to accept this Agreement. In case of any violation of this Agreement, Neewer has the right to unilaterally take measures such as restricting, suspending or terminating the services provided to you at any time, according to your violation, and has the right to investigate your relevant responsibilities. If you do not accept and agree to this agreement, please do not access or use the Services. If you have any questions about this Agreement or other policies and information published or provided by the Services, please contact us through the contact information below.

This Agreement is signed by you and Shenzhen NEEWER Technology Co., Ltd. Including, but not limited to, the NEEWER Teleprompter Privacy Policy, etc. NEEWER hereby reminds you that this Agreement may be changed from time to time with the development of products. If there is any change implemented, an announcement will be shown in a prominent location either on the products themselves or the user will be directed towards relevant pages. If you do not agree to the change(s), you have the right to withdraw from the plan at any time. If you do not voluntarily withdraw, you will be deemed to have accepted the change to the plan. If you continue to use it, it is deemed that you have no objection to the revised rules and agree to abide by them.

4. User pre-requisites

You need to be at least 18 years old to access and use the Services. If you are under the age of 18 and need to use the Services, your legal guardian is required to read this Agreement with you and obtain their consent. At the same time, we suggest that your legal guardian monitors and guides you through the use of this application.

You should comply with the relevant laws and regulations of the jurisdiction in which you live and the jurisdiction in which you access or use the Services.

5. The Services

The Services are smart device management services provided by NEEWER. You can interact with NEEWER products by controlling smart terminal devices. The services contents include smart device control, device management, scene interaction, 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 provision of services may be temporarily suspended due to regular and non-anticipated maintenance.

6. Account security

You should keep your NEEWER account’s user name and password (hereinafter referred to as “account information”) secure and should not share such information with anyone. We recommend that you choose a password with a high security level and keep it secure. It is your responsibility to keep your password safe. If you provide the account number and transaction information details to a third party, any losses and liabilities arising therefrom shall be borne by yourself.

7. Scope of services

a. NEEWER gives you a right to use this product with respect to this software.

b. You may not license, sell, lease, transfer, distribute or use this product for other commercial purposes in any form.

c. Due to the limitation of the software adaptation platform and terminal, you can only use the licensed software on the authorized system platform and terminal. If you install the licensed software on other terminal devices, it may damage your hardware or software functions.

d. You should understand that the licensed software can only be used for non-commercial purposes and cannot be installed, used or operated for commercial operation purposes. If necessary, the written authorization and permission of NEEWER must be obtained in advance.

e. NEEWER will change, upgrade or transfer the licensed software and its 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 new functions and services, you can still obtain the authorization of corresponding functions and services, and this Agreement applies.

f. You shall be responsible for the accuracy, reliability, integrity and legitimacy of the input data and the legitimacy of the way you obtain the data, and you shall back up the data and materials regularly. You accept all risks for the damage and loss of such materials.

g. You should keep your account number and password properly. If you find that there are potential security risks in your account (including but not limited to user password disclosure), you should notify NEEWER in time, and NEEWER will assist you to take relevant measures. Otherwise, you will be responsible for all actions under your account and accept all responsibilities.

8. Third party

a. You accept that some services of NEEWER may be obtained based on the software or services provided by a third party. These services are implemented for your convenience and are legally authorized by the third party.

b. This product contains some information and services from a third party. NEEWER does not control and is not responsible for third party information and services.

c. You understand that NEEWER cannot guarantee that the licensed software will permanently use or include such services, nor can NEEWER guarantee whether it will continue to use other software provided by the same third party in the future. At the same time, you understand that NEEWER may also use similar services of other third parties. Once the above corresponding software or services are enabled, this Agreement shall also apply.

9. Rules of use

You agree to use the Services in the correct manner. Unless expressly stipulated in this Agreement or permitted by applicable laws, you agree and promise not to conduct any of the following activities:

a. Release or share computer viruses, worms, malicious code, software that deliberately destroys or changes computer systems or data;

b. Collect information or data of other users without authorization, such as e-mail address;

c. Malicious use of this product in an automatic way, causing an excessive burden on the server or interfering with or damaging the website server and network links in other ways;

d. Attempt to access the server data or communication data of this product without authorization;

e. Interfere with and destroy the use of other users of this product.

You understand and agree that:

a. NEEWER will determine whether you are suspected of violating the above rules of use, and suspend or terminate your user license or take other restrictive measures according to the results of our analysis of your activity;

b. NEEWER will directly delete the information that you release when using the licensed software, which is suspected of violating the laws or the legitimate rights of others or violating this Agreement;

c. For any damage to any third party caused by your violation of the above rules of use, you need to independently assume the legal liability in your own name and ensure that NEEWER is free from losses or increased expenses, otherwise NEEWER has the right to recover compensation from you.

d. If you violate relevant laws or the provisions of this Agreement and cause any loss to NEEWER, you shall compensate for the loss and/or expenses incurred by NEEWER.

10. Information content rules

You undertake and agree to access and use the Services in a lawful and ethical manner in accordance with this Agreement. You understand and agree that you shall not use the Services to transmit any information with the following nature, or otherwise participate in any activity with the following nature.

Upload, transfer, or share information containing one of the following:

a. Opposing the basic principles defined in the Constitution;

b. Endangering national security, divulging state secrets, subverting state power and undermining national unity;

c. Harming the honor and interests of the state;

d. Inciting national hatred, national discrimination and undermining national unity;

e. Undermining state religious policies and propagating cults and feudal superstitions;

f. Spreading rumors, disturbing social order and undermining social stability;

g. Spreading obscenity, pornography, gambling, violence, murder, terror or abetting crime;

h. Insulting or slandering others and infringing upon the lawful rights of others;

i. Containing false, fraudulent, harmful, coercive, invasion of others’ privacy, harassment, infringement, slander, vulgar, obscene, or other morally offensive contents;

j. Containing other contents restricted or prohibited by applicable laws, regulations, rules, regulations and any legally effective norms.

11. Privacy policy and data

It is important for us to protect your personal information. We have put together the NEEWER Teleprompter Privacy Policy, which makes important disclosure on the collection, use, sharing, storage, protection and other aspects of your information. It is recommended that you read the NEEWER Teleprompter Privacy Policy in its entirety.

12. Disclaimer

12.1 Unless otherwise specified by laws and regulations, we will try our best to ensure that the licensed software and the technology and information involved are safe, effective, accurate and reliable. However, limited by the existing technology, we cannot guarantee this at present.

12.2 You understand that NEEWER cannot be liable for your direct or indirect losses caused by ‘force majeure’ and third parties.

12.3 You shall be liable for personal injury or incidental and indirect damages caused by or related to any of the following circumstances: a. Unauthorized use of licensed software or change of your data by a third party; b. Expenses and losses arising from the use of licensed software; c. Your misunderstanding of licensed software; d. Other losses related to the licensed software not caused by NEEWER.

12.4 The software derived from any other licensed software developed and officially released without the authorization of NEEWER is illegal. Downloading, installing and using such software may lead to unknown risks. The legal liabilities and disputes arising thereafter will have no link to NEEWER, and NEEWER has the right to suspend and terminate the use license and/or all other services.

12.5 You accept that the use of the NEEWER platform involves Internet services and may be affected by unstable factors in all links. Although NEEWER has taken security measures, the Services may still be suspended, interrupted, delayed, restricted or unavailable due to the inherent defects of Internet and electronic communication and the incidents beyond the reasonable control of any party to this Agreement (including but not limited to fire, flood, terrorist attack, plague, natural disaster, riot, terminal virus, hacker attack, network failure and terminal failure). You hereby assume the above risks and agree that NEEWER shall not bear any responsibility to you when the actual occurrence of the above risk events affects the normal operation of the services.

13. Termination of the agreement and liability for breach of the agreement

a. You should understand that using NEEWER services requires using the licensed software according to the scope of authorization, respecting the intellectual property rights of the software and the contents contained in the software, using the software according to the rules of use, and performing the obligations agreed in this agreement. If you seriously violate this agreement, NEEWER will terminate your license.

b. Your use of the software depends on the supporting services provided by the affiliated companies of NEEWER. If you violate the terms, agreements, rules, notices and other relevant provisions of NEEWER and its affiliated companies, you may not be able to use the licensed software normally, and NEEWER has the right to terminate the license. Additionally, NEEWER can take restrictive measures on your use license and other rights and interests that NEEWER can control, including suspending or terminating your user license.

c. Once you violate this Agreement or other agreements signed with NEEWER, NEEWER may notify its affiliates and require them to take restrictive measures against your rights and interests, including requiring the affiliates to suspend or terminate some or all of the services provided to you, and publicize your breach of the agreement on the website under its operation or actual control according to laws.

d. The licensed software is downloaded 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 restriction of your use of the licensed software. If the above third party confirms that you violate the agreement and needs further action from NEEWER, NEEWER may terminate your use license at the request of the third party.

e. Upon the termination of this license, you shall stop using the licensed software and destroy all copies.

f. If you violate the clauses of this Agreement and cause losses to NEEWER or other users, you must be fully liable for compensation.

14. Governing laws and severability

a. The validity, interpretation, modification, execution and dispute resolution of this Agreement shall be governed by the laws of the People’s Republic of China. If there are no relevant laws, it shall refer to the general international business practices and/or industry practices.

b. Both parties agree that this Agreement is signed in Luohu District, Shenzhen City, Guangdong Province. Any dispute arising from the performance of this Agreement shall be settled by both parties through negotiation; if the negotiation fails, both parties shall and can only solve it by litigation to the People’s Courts with jurisdiction in the place where the Agreement is signed.

c. When any provision of this Agreement is ruled invalid by the People’s Courts with jurisdiction, it will not affect the effectiveness of other provisions or any part thereof, and you and NEEWER shall still perform in good faith.