The "Ecovacs User Agreement" ("this Agreement") is the legal agreement concerning your use of Ecovacs products and services by and between you (or referred to as "user" which is the person or organization that registers, logs in, uses, and browses Ecovacs products and services) and Ecovacs Robotics Holdings Limited ("Ecovacs") and its affiliates.
Ecovacs reminds you to carefully read and fully understand the terms of this Agreement, especially the terms of exemption or limitation of liability, jurisdiction and applicable laws, and other terms that may have a material impact on your rights and interests. We will remind you to pay special attention using bold or underlined text.
- Effectiveness of Agreement
- You understand and agree that if you click on the “Agree” to this Agreement by clicking on the button in the account registration procedure and complete the registration of your Ecovacs account, you shall be deemed to have accepted and agreed to be bound by all terms set forth below.
- You agree that Ecovacs has the right to unilaterally amend this Agreement and related service terms by publishing such amendment on relevant web pages via prior written notification to you. This Agreement or related service terms as amended shall effectively supersede the original service terms upon the publication thereof on the website of Ecovacs. You may visit the website of Ecovacs from time to time to check the latest service terms. If you continue to use the products and services of Ecovacs after the notification of such amendment to this Agreement, you shall be deemed to have fully read, understood and accepted this Agreement as amended. If you disagree with such amendment, you must immediately stop your use of the products and services of Ecovacs.
- You confirm that when you begin to use the products and services of Ecovacs, you shall have the civil capacity for action under the laws of the People’s Republic of China. If you do not have such civil capacity pursuant to the laws and regulations of the jurisdiction in which you reside, you shall obtain written consent from your parents or legal guardian (“Guardian”) prior to your use of any product or service of Ecovacs. Otherwise, Ecovacs shall not be liable for any adverse consequences suffered by you as a result of subsequent registration and your use of the products and services of Ecovacs, and shall have the right to rescind this Agreement and other service agreements between Ecovacs and you (if any) after being aware of such situation.
- Ecovacs Account and PasswordYou do not need to register for a Ecovacs account when you visit the Ecovacs website www.ecovacs.cn. However, certain functions of the website and APP and related products and services, may require you to register for a Ecovacs account. Your Ecovacs account includes the account name and password. You can log in using the set account name (including the user name, mobile number, email address) and password. In the process of using the account, to protect your account security, based on different terminals as well as your usage habits, we may undertake different verification measures to identify you. For example, if your account is logged on for the first time on a new device, we may identify you by using a passcode plus a check code, which includes, but is not limited to, SMS verification codes and verification of service usage information.
- You understand and agree that you assume full responsibility for the authenticity, legality, and validity of the registration information; you must not impersonate another person, and must not publish any information in the name of others; do not maliciously use a registered account to cause Ecovacs or other users to misrecognize you or to mislead.We reserve the right to stop providing services to you forthwith, and you alone shall bear all the legal liabilities arising therefrom.
- Ecovacs specifically reminds you to keep your account number and password secure. When you complete using your account, you should log out safely. The responsibility for hacking or password theft due to your mishandling is yours alone.
Where your account information is lost, if you need to retrieve the account information, please provide the corresponding information according to the Ecovacs Account Retrieval Request and ensure that such information is accurate and valid. If the provided information does not meet the requirements or fails to pass the Ecovacs security verification, Ecovacs reserves the right to refuse to provide account retrieval services. Ecovacs reserves the right to charge additional fees to provide account retrieval services, the service fees would be published on Ecovacs’s website if applied. which deal with this issue.
- If you find that your account or password has been used illegally by others or has been used abnormally, you agree to contact Ecovacs directly through [official website: ecovacs.com, email address:firstname.lastname@example.org, telephone number:18443268227] to inform the relevant situation and submit all related evidence proving that the said account belongs to you, so as to apply for a freeze on the account. After removing relevant security risks, you can apply for to reactivate the said account. You agree that Ecovacs does not undertake any liability for any direct or indirect losses incurred by you for the above reasons. Ecovacs reserves the right to charge additional fees for services that deal with this issue.
- If you have not logged into your account for 6 consecutive months, by using your Ecovacs account or other means that have been approved by Ecovacs, Ecovacs has the right to cancel/delete the account and you will not be able to use the said account to log into Ecovacs website, APP or use related products or services.
- You will need to provide your own mobile phone or other communication equipment required to register and use the network. You should take good care of your Ecovacs account and password. In the case of logging in with the correct user account and password, the person who uses the account is considered to be you, and any action taken will be deemed to be taken by you. You shall be responsible for all actions taken by any account user who logs in with the correct password or otherwise satisfies our identify verification procedure.
- Ecovacs employees (including, but not limited to, Ecovacs's website and forum administrators, customer service staff, etc.) will not ask you for any information in your Ecovacs account. Ecovacs employees will never ask for the password of your Ecovacs account.
Ecovacs Products, Services and Charges
- The products and services Ecovacs provides to you include, but are not limited to, products, websites, online applications, etc. that Ecovacs offers to you.
- In addition to purchasing products, you understand and agree that, to the extent permitted by applicable laws, Ecovacs may provide you with corresponding complementary products and services in the future and charge you a certain fee. Ecovacs will place information on charging standards, methods of charging, methods of purchase, or other related charging policies for products and services on a prominent position of the product- or service-related web pages or online application software. If you refuse to pay such fees, you may not use such corresponding products and services.
- You understand and agree that, to the extent permitted by the applicable laws, Ecovacs may modify and change the charging standards and methods of the charging services according to actual needs and also in the future start charging for some services which are presently provided for free or without charge. Prior to the aforementioned modifications, changes or commencement of charges, Ecovacs will make a direct notice to you or announcement on the prominent position of the corresponding service web page. If you disagree with the above modifications, changes or paid content, you may stop using the service.
- In order to protect your legal rights and interests as well as the right to fully use the Ecovacs's products and services, you should purchase related products and services from the official Ecovacs website or a designated distributor. Otherwise, to the extent permitted by the applicable laws, Ecovacs does not assume any corresponding product liability.
- Although Ecovacs products and services can be used or accessed worldwide, Ecovacs products and services are not available to all or in all countries/regions. If you choose to visit the website outside the countries / regions (hereinafter referred to as "target countries / regions ") where Ecovacs provides support for products and services, you should visit them on your own initiative and be solely responsible for compliance with the applicable local laws. You understand and agree that Ecovacs products and services are not designed for use in non-targeted countries / regions and that some or all of the features of the products and services may not be available or suitable for use in such countries / regions. Ecovacs does not assume any responsibility for any damage or loss caused by your visit or use of Ecovacs products and services in non-target countries / regions.
- Unless otherwise specifically stated, the contents (including but not limited to web pages, texts, pictures, audio, video, graphics, etc.) of the products and services provided under this Agreement, the software relied upon when providing the products and services, as well as trademarks and other commercial logos used on the products and services, as well as their copyrights, patents, trademark rights or other related intellectual property and legal rights and interests are owned or licensed by Ecovacs.
- The intellectual property rights of the above and any other Ecovacs products and services are protected by law. No one may use or create derivative works in any form without the prior written permission of Ecovacs or related rights holders.
You may need to download software in the process of using Ecovacs products and services. For these software, Ecovacs gives you a personal, non-transferable and non-exclusive license. You may use the software only for the purpose of accessing or using Ecovacs products and services. Please read the "Ecovacs APP End-User License Agreement"carefully for the above-mentioned license-related content. Please note that the "Ecovacs APP End-User License Agreement" is an integral part of this User Agreement.Products or Services Provided by Third Parties
Please note that Ecovacs products or services may access third-party products or services. In such circumstances, in addition to your compliance with the terms of this Agreement, you shall also abide by a third-party product or service agreement. Ecovacs and third parties are separately responsible for possible disputes within the scope of legal provisions and agreements.Change, Suspension, Termination of Services
- Ecovacs may make changes to the products and services and may suspend or terminate services.
- You understand and agree that Ecovacs has the right to determine its own business strategy. In the event of merger, division, acquisition or asset transfer in Ecovacs, Ecovacs may transfer the relevant assets under this service to a third party; if Ecovacs is involved in the merger, acquisition or sale of all or part of its assets, we will make a prominent notice to inform you of any changes regarding the possession and use of your personal information and any choices you may have regarding your personal information, and duly ontain your prior consent. We will also require new companies and/or organizations that possess your personal information to continue to be bound by this policy through contracts, etc. Otherwise, we will further require the said company and/or organization to re-acquire your explicit authorization.
- If any one of the following situations occurs, Ecovacs reserves the right to suspend or terminate the provision of services without notice to you:
- You have violated the relevant laws and regulations or this Agreement;
- You have not paid the fees payable for using or accessing Ecovacs products and services on time and in full;
- In accordance with legal requirements or mandatory requirements of competent authorities.
- You should back up the data stored in Ecovacs products and services yourself. If your service is terminated, Ecovacs will notify you by system announcement or by email at least ninety (90) days prior to termination of the service. After the termination of the service, Ecovacs can permanently delete your data from the server, except as otherwise stipulated by laws and regulations. After the termination of the service, Ecovacs is not obliged to return the data to you.
- Force Majeure and Other Exemptions
- You understand and agree that Ecovacs products and services are provided according to the state that existing technologies and conditions can achieve. Ecovacs will do its best to provide you with services to ensure the continuity and security of the services; however, due to the legal, technical and other risks that Ecovacs cannot foresee and prevent at any time, including but not limited to viruses, Trojans, hackers, system instability, third-party service defects, government actions, etc. which may result in service suspension, data loss, and other losses, Ecovacs will not be held liable. Therefore, you understand and agree that, to the extent permitted by the applicable laws, Ecovacs is not responsible for the suspension or obstruction of the services caused by:
- Damage under the influence of computer viruses, Trojans or other malicious programs, hacker attacks;
- Mis-operation by you;
- Natural disasters such as floods, earthquakes, plague epidemics and storms, and social events such as strikes, wars, turmoil, and government actions;
- You use Ecovacs products, services or websites in a manner not authorized by Ecovacs; or
- Other situations that Ecovacs cannot control or reasonably foresee.
- You understand and agree that in the use of Ecovacs products and services, you may be exposed to the risks brought by telecommunication networks or other user behaviors. Ecovacs will not be liable for any such damages incurred by you.
- To the maximum extent permitted by the applicable laws, Ecovacs does not assume any legal liability for any accidental, incidental, special, or indirect damages or claims arising out of your use of Ecovacs products and services or in any way related to Ecovacs products and services. Ecovacs also disclaims all legal liability for any loss of profit arising out of your use of Ecovacs products and services or in any way related to Ecovacs products and services.
- You understand and agree that Ecovacs products and services are not designed for any specific purposes, including but not limited to important areas such as nuclear facilities, military use, medical facilities, as well as transportation and communication. If a person suffers casualties, property damage, or environmental damage due to the failure of the above-mentioned operations caused by the products, software, or services, Ecovacs does not assume any legal responsibility.
- Ecovacs has the right to deal with all content in accordance with the provisions of this Agreement. This right does not constitute Ecovacs' obligations or commitments, and Ecovacs cannot guarantee timely discovery of illegal activities or respond accordingly.
- When using this service, you must abide by all applicable laws and regulations and you must not use this service to engage in illegal activities.
- If you violate the provisions of this Article, the relevant state organs or agencies may initiate lawsuits, impose fines, or other sanctions against you, and ask for assistance from Ecovacs. If damage is caused, you should make compensation in accordance with the law. Ecovacs does not assume any responsibility.
- If you breach the provisions of this Article and cause damage to any third party, you shall be solely responsible for it; if Ecovacs suffers losses as a result, you should also make compensation.
You agree to protect and maintain the interests of Ecovacs and other users, and if you violate the relevant laws, regulations or any term under this Agreement and cause damages to Ecovacs or any other third party, you agree to bear the consequences for damages. The user agrees to compensate Ecovacs' parent company, subsidiaries, affiliates, employees, and all related personnel for any damages and liabilities arising from the user's violation of relevant laws and regulations or this User Agreement.Dispute Resolution and Applicable Laws
- The conclusion, entry into force, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of the mainland of the People's Republic of China.
- If any dispute or controversy arises between you and Ecovacs, it should first be settled through amicable consultation. Should the negotiation fail, both parties agree to submit the dispute to the People's Court with exclusive jurisdiction located at the covacs Robotics Holdings Limited domicile.
- This section does not, however, prevent Ecovacs from seeking injunctive relief in any corresponding jurisdiction regarding (i) the infringement of Ecovacs intellectual property or other related legal rights; (ii) the recognition or enforcement of any award or order.
This Agreement, and any associated rights or obligations, may not be assigned or otherwise transferred by you without prior written consent from Ecovacs. This Agreement may be assigned by Ecovacs without restriction. This Agreement is binding upon any permitted assignee.Notices and Service
All notices under this Agreement can be made through important page announcements, emails, or regular mailings, etc.; the notices are deemed to have been delivered to you on the date of sending.Other Provisions
- The headings of all provisions of this Agreement are for convenience of reading only and do not have any actual meaning in themselves which cannot be used as the basis for the interpretation of the meaning of this Agreement.
- In the event of any discrepancy of understanding in any provision of this Agreement, the interpretation made by Ecovacs shall prevail. If any term in this Agreement is wholly or partially invalid or cannot be enforced for any reason, the remaining terms of this Agreement shall still be valid.
- A person who is not a party to the Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) or any similar law in any jurisdiction to enforce any terms of the Agreement.