<NEATSVOR_HOME> Software License and Service Agreement

Important Notice

Shenzhen Hua Xin Information Technology Co., Ltd.; Hangzhou Jumei E-Commerce Co., Ltd.; Shanghai Heimou Intelligent Technology Co., Ltd.(the following is abbreviated as "our company")Hereby, we specifically remind users (including natural persons, legal entities, or other organizational entities that have obtained this product through various legal means, hereinafter referred to as "users" or "you") that, before using this product, please carefully read and confirm that you fully understand this 'Software License and Service Agreement' (hereinafter referred to as 'this Agreement'), especially the terms related to exemption or limitation of our company's liability, dispute resolution, and applicable laws. You should pay attention to the terms related to the exemption or limitation of liability. This agreement is the final, complete, and exclusive agreement between the user and us regarding matters related to this product, and it supersedes and merges discussions and agreements between the parties involved in the aforementioned matters.

This agreement legally binds the user's actions in using this product. You have promised and guaranteed that you have the right and ability to enter into this agreement. Your actions, including downloading, installing, using this software, as well as obtaining and logging into an account, will be deemed as an acceptance of this agreement. You agree to be bound by the terms of this agreement (minors should have their legal guardians accompany them during the review). If you cannot accept all the terms of this agreement, please proactively cease the use of this product.

Our company reserves the right to revise this agreement, and the updated terms will be published in the software, becoming effective from the date of publication. Users can re-download and install the software to review the latest version of the agreement terms. After our company modifies the terms of this agreement, if the user does not accept the modified terms, please immediately cease using the 'NEATSVOR_HOME' software and services provided by our company. Continuing to use the 'NEATSVOR_HOME' software and services will be considered as having accepted the modified agreement.

 

1. General Provisions

1.1 Software Agreement Declaration

1.1.1 This agreement is a contract between you (also referred to as 'user') and our company, as well as its operational cooperating units (hereinafter referred to as 'cooperating units'), regarding the user's download, installation, and use of the 'NEATSVOR_HOME' software (hereinafter referred to as 'this software'), as well as the use of related services provided by our company.

1.1.2 This software and service are provided by our company and installed on various mobile smart terminal devices. It includes but is not limited to software and services that offer binding and operating smart products for users of these smart terminals.

1.1.3 The ownership and operational rights of this software and service are exclusively owned by our company.

1.2 User Account

You must promise and guarantee that:

Your use of this product must be legal.

Your account may be retained or terminated according to the provisions of the 'Modification and Termination' section of this agreement. You must commit to keeping your login information confidential, preventing others from accessing and using it, and being responsible for all activities under your account. You must promptly notify this product of any unauthorized or suspected unauthorized use that may violate the law. This product is not liable for any losses incurred due to your failure to comply with the above requirements.

 

2. Software Authorization Scope

2.1 End User License Agreement (EULA)

With regard to this software, our company grants the user a personal, non-transferable, non-sublicensable, and non-exclusive license:

2.1.1 Right to Use this Product;

2.1.2 The right to download, install, and use this software on all mobile smart terminal devices, among others, is included in your privileges.

2.2 Restrictive Terms

2.2.1 Users are allowed to install and use this software on a single mobile terminal device for non-commercial purposes. However, it is prohibited to install and use this software for commercial operation purposes. Any form of licensing, selling, leasing, transferring, distributing, or other commercial use of this software is strictly forbidden.

2.2.2 It is not allowed to copy, alter, modify, attach to runtime, or create any derivative works from the data released into the memory of any terminal device during the operation of this software, as well as the interaction data between the client and server during the operation of this software. This includes, but is not limited to, using plugins, cheats, or unauthorized third-party tools/services to access this software and related systems. For commercial sales, copying, and distribution, such as pre-installation and bundling of the software, written authorization and permission from our company are required.

2.2.3 Except for the rights expressly granted in this agreement, our company does not authorize any other rights to the user. If the user intends to use other rights, written consent from our company must be obtained separately.

2.2.4 The user is allowed to create a copy of the software for the purpose of using the software and services, but solely for backup purposes. The backup copy must include all copyright information contained in the original software.

 

3. Acquisition, Installation, and Upgrading of the Software

3.1 Software Acquisition

Users should download and install this software product from the designated platform specified by our company. Caution should be exercised against downloading this software from platforms not specified by our company to prevent mobile terminal devices from being infected with malicious programs that can damage user data and acquire user privacy information. If users obtain this software from third parties without our company's authorization or use installation programs with the same name without authorization, we cannot guarantee the proper functioning of the software and are not responsible for any losses incurred as a result.

3.2 Software Installation

Users must select the version of this software that is compatible with the installed terminal device. Any software issues, device problems, or damages caused by the mismatch between the software and the device model are the sole responsibility of the user.

3.3 Software Upgrade

In order to enhance user experience and improve service content, our company has the right to periodically provide you with replacement, modification, or upgraded versions of this software. The "Upgrade Prompt" feature is enabled by default for users, allowing them to choose whether to upgrade based on the differences in the software versions they are using. After the release of a new software version, our company does not guarantee the continued availability of the old version of the software.

 

4. Usage Guidelines

4.1 Software Usage Guidelines

Users may use this software and services in accordance with the law and this agreement. Users are prohibited from engaging in the following behaviors:

4.1.1 Deleting copyright information on this software and its copies, as well as modifying, deleting, or circumventing technical measures set by this software to protect intellectual property rights.

4.1.2 Engaging in reverse engineering of this software, such as disassembling, decompiling, or using any other methods to attempt to obtain the source code of this software.

4.1.3 Modifying or forging instructions or data during the operation of the software, adding, deleting, altering the functions or operational effects of the software, or operating or disseminating software or methods used for such purposes to the public, whether or not these actions are for commercial purposes.

4.1.4 Engaging in any activities that harm network security using this software, including but not limited to: using unauthorized data or accessing unauthorized servers/accounts; entering public networks or other people's operating systems without permission and deleting, modifying, or adding stored information; attempting, without permission, to probe, scan, or test the vulnerabilities of the software's system or network, or engaging in other activities that disrupt network security; attempting to interfere with or disrupt the normal operation of the software system or website, intentionally spreading malicious programs or viruses, and engaging in other actions that disrupt normal network information services; tampering with or forging TCP/IP packet names or parts of names.

4.1.5 Users logging in or using this software and services through third-party compatible software or systems that are not developed, authorized, or approved by our company, or creating, publishing, or disseminating such tools.

4.1.6 Without our company's written consent, users are not allowed to engage in unauthorized actions related to the software and its information, including but not limited to the following: using, renting, lending, copying, modifying, setting up links, reprinting, editing, publishing, announcing, releasing, establishing mirror sites, unauthorized use of the software to develop related derivative products, works, services, plugins, cheats, compatibility, and interconnection, etc.

4.1.7 Using this software to publish, transmit, disseminate, or store content that violates local laws and regulations.

4.1.8 Using this software to publish, transmit, disseminate, or store content that infringes on the legal rights of others, including intellectual property rights and trade secrets.

4.1.9 Using this software to mass-publish, transmit, or disseminate advertising information and spam.

4.1.10 Engaging in any other use of this software and other services provided by our company in any illegal manner, for any illegal purpose, or in any way inconsistent with the permitted use under this agreement.

4.2 Information Posting Guidelines

4.2.1 You can use this software to post content that belongs to your original work or content for which you have the right to publish, including opinions, data, text, information, usernames, images, photos, personal information, audio, video files, links, and other information. You must ensure that you own the intellectual property rights to the information content you upload or have obtained legal authorization. Your use of this software and services must not infringe on the legitimate rights of any third party.

4.2.2 You are required to comply with local laws and regulations when using this software.

4.2.3 While using this software, you are prohibited from engaging in the following activities, including but not limited to: creating, copying, publishing, transmitting, disseminating, or storing content that violates local laws and regulations; publishing, transmitting, disseminating, or storing content that infringes on the legal rights of others, including reputation, portrait rights, intellectual property rights, trade secrets, etc.; fabricating facts, concealing the truth to mislead or deceive others; posting, transmitting, or disseminating advertising and spam information; engaging in other activities that violate local laws and regulations.

4.2.4 Without our company's permission, you are not allowed to engage in any commercial activities within this software, such as advertising or selling goods.

4.3 You understand and agree.

4.3.1 Our company will make determinations regarding whether users are suspected of violating the above usage guidelines, and based on the determination results, may suspend, terminate your usage license, or take other restrictive measures as stipulated in this agreement.

4.3.2 For information posted by users while using the licensed software that is suspected of being illegal, infringing on the legitimate rights of others, or violating this agreement, our company will directly delete such information.

4.3.3 If your violation of the above usage guidelines causes harm to third parties, you are required to independently bear legal responsibility in your own name and ensure that our company is exempt from any losses or additional expenses incurred as a result.

4.3.4 If a user violates relevant legal provisions or agreement terms, causing losses to our company, facing claims from third parties, or being subjected to penalties from administrative authorities, the user should compensate our company for the losses and/or expenses incurred, including reasonable attorney fees and investigation costs.

 

5. Service Risks and Disclaimer

5.1 Costs

Users must independently provide the equipment needed for mobile internet access and the use of telecommunications value-added services, and bear the costs related to personal mobile internet access or charges imposed by third parties (including but not limited to telecom or mobile communication providers), such as communication fees and information fees. If it involves value-added telecommunications services, we recommend that you confirm the relevant fee issues with your telecommunications value-added service provider.

5.2 Third party

5.2.1 Our company and its partners are not responsible for any losses suffered by users due to third-party issues such as communication line failures, technical problems, network issues, mobile terminal device failures, system instability, and other force majeure reasons.

5.2.2 When users use this software or request specific services from our company, this software may invoke third-party systems or third-party software to support user usage or access. The results of such usage or access are provided by the third party, and we do not guarantee the security, accuracy, effectiveness, and other uncertain risks of the results achieved through third-party systems or third-party software support. Our company is not responsible for any disputes or damages arising from this.

5.3 Security Issues

5.3.1 This software, like most internet applications, may be vulnerable to various security issues due to factors such as user behavior, network service quality, and the social environment. Examples include the misuse of user information by others leading to real-life harassment, downloading and installing other software or visiting websites containing viruses such as "Trojan horses," threatening the security of user terminal device information and data, thereby affecting the normal use of this software, and so on. Users should enhance their awareness of information security and user data protection. It is important to strengthen password protection to prevent losses and harassment.

5.3.2 Except where legal regulations explicitly specify, we will make every effort to ensure the security, effectiveness, accuracy, and reliability of the software and the associated technology and information. However, due to limitations in existing technology, users should understand that we cannot guarantee this.

5.4 Modification or Interruption of Service

Our company kindly requests users to be aware that in order to safeguard the autonomy of our business development and adjustments, we reserve the right to modify or interrupt services at any time without prior notice to users. Our exercise of the right to modify or interrupt services does not entail any responsibility towards users or any third parties.

5.5 Losses and Compensation

5.5.1 The user shall be solely responsible for any personal injury, incidental, or indirect economic losses caused by or related to any of the following circumstances, including but not limited to loss of profits, data loss, business interruption, or other commercial damages or losses.

l Use or inability to use licensed software.

l Unauthorized use of software or alteration of user data by third parties.

l Costs and losses arising from the user's use of the software.

l Misunderstanding of the software by the user.

l Other losses related to the software that are not caused by our company.

5.5.2 Any personal or economic injury or loss caused by or possibly caused by actions between the user and other users of the software, resulting from your deception or misleading, shall be the responsibility of the at-fault party in accordance with the law.

 

6. Third-Party Content/Service Description

6.1 The user understands and agrees that:

This software may contain content or services provided by our affiliates or third parties, and our company only provides relevant functional modules in this software for the convenience of users and provides access to third-party content or services.

6.2 Third-Party Service Description

6.2.1 Regardless of whether third-party content or services are pre-installed in this software or subscribed to by the user, the user understands and agrees that <NEATSVOR_HOME> does not provide any express or implied warranty or guarantee regarding the legality, validity, effectiveness, accuracy, or security of third-party content or services providers or user behavior.

6.2.2 Our company does not monitor third-party content or services, has no control over them, does not provide any form of guarantee for third-party services, and does not assume any responsibility for them.

6.2.3 Any disputes or conflicts between the user and third-party content or service providers should be resolved through negotiation between the user and the third-party service provider, and our company does not assume any responsibility.

 

7. Intellectual Property Statement

7.1 Property Rights Statement

Our company is the intellectual property rights holder of this software. All copyrights, trademarks, patents, trade secrets, and other intellectual property rights related to this software, as well as all information content associated with this software (including but not limited to text, images, audio, video, graphics, interface design, layout framework, relevant data, or electronic documents), are protected by local laws and regulations and relevant international treaties in your jurisdiction. Our company holds the aforementioned intellectual property rights.

7.2 Intellectual Property Protection

Without our company's written consent, users are not allowed to independently license any third party to implement, utilize, or transfer the aforementioned intellectual property rights for any commercial or non-commercial purposes. Our company reserves the right to pursue legal liability for such actions.

 

8. Agreement Modification

Our company reserves the right to modify the terms of this agreement as necessary. Once the agreement terms are changed, the modified agreement terms will be published on the relevant pages. If the user does not agree with the modified content, the user should cancel this service actively. If the user continues to use the service, it will be deemed that the user accepts the changes to the agreement terms.

Our company or its partners reserve the right to independently decide to periodically modify or change the provided paid services, fees, fee structures, service fees, or service terms. When providing services, our company may start charging certain fees to some users now or in the future. If the user refuses to pay the fee, the user will not be able to continue using the relevant service after the fee is charged. Our company and its partners will make every effort to notify users of any modifications or changes that occur through email or other means.

 

9. Applicable Laws and Dispute Resolution

9.1 The effectiveness and interpretation of this agreement are governed by the laws of mainland China. In the absence of relevant legal provisions, international business practices and/or commercial customs shall be referred to.

9.2 The signing place of this agreement is Pudong New Area, Shanghai City.

9.3 Both the user and our company unanimously agree that any disputes arising from this service should be resolved through negotiation. If the negotiation fails, either party may submit the dispute to the competent court at the place where this agreement is signed for litigation.

 

10. Others

10.1 When users use a specific service within this software, there may be separate agreements, related business rules, etc. (collectively referred to as "separate agreements") for that service. Please read and agree to the relevant separate agreement before using that particular service.

10.2 The effective date of this agreement is June 1, 2022.

10.3 The headings of all terms in this agreement are for convenience of reading only and have no substantive meaning in themselves. They cannot be used as a basis for interpreting the meaning of this agreement.

10.4 If any provision of this agreement is found to be partially invalid or unenforceable for any reason, the remaining provisions shall remain valid and enforceable and shall be binding on both parties.

<Shenzhen Hua Xin Information Technology Co., Ltd.; Hangzhou Jumei E-Commerce Co., Ltd.; Shanghai Heimou Intelligent Technology Co., Ltd.>