The "User Agreement" (herein abbreviated to "this agreement") is the agreement entered between you (otherwise referred to as "the user", referring to the individual or group that registers for, logs into, uses or browses this service) and Beijing Yushanzhi Information Technology Company Limited and affiliate companies (herein referred to as Mobvoi), concerning the Mobvoi website (including: chumenwenwen.com, ticwear.com etc., referred to as “this website”) and Mobvoi products, programs and services.
Mobvoi hereto reminds the user to carefully read and understand each clause of this agreement, including disclaimers exempting or restricting Mobvoi responsibilities and user rights restrictions. Please read prudently and choose to accept or reject this agreement (minors should read in the company of a legal guardian). Only if you accept every clause of this agreement do you have the right to register, log into, or use the services relating to this contract. Your registration, logging in, or usage will be viewed as acceptance of this agreement, and as acceptance of the restrictions of each clause of this agreement.
Your acceptance of this agreement includes voluntary acceptance of the restrictions of all clauses in their entirety, including any amendments made by Mobvoi to any service clause at any time. This agreement can be replaced by Mobvoi at any time; once an agreement clause is amended and it is announced that the original clause has been replaced, there need be no further notice, and the user can check the newest edition of the agreement clause online. After Mobvoi has amended any clause related to this agreement, if the user does not accept the amended clause, please immediately stop using Mobvoi services; continued use of Mobvoi-provided services by the user will be considered acceptance of the amended agreement.
1. User usage regulations
1) You do not need a user account to browse the website. However, some website features and Mobvoi products, programs and services require a registered Mobvoi account. If you want to use the extra features of this website with Mobvoi products, programs and services, you must register with the corresponding account and provide the corresponding personal details on the registration webpage. You can terminate your account at any time, as explained on the website; this website will be able to retain or terminate your account in accordance with the regulations of this agreement. You must promise and guarantee:
- You understand and agree that the Mobvoi website, software, and public platform etc.services will automatically acquire and use the information that you submit when registering. Completion of registration will be viewed as an understanding and acceptance of this behaviour, and Mobvoi will no longer deploy any other method to remind you of this.
- You understand and agree that: the user must take full responsibility for the authenticity, legitimacy and validity of registration information; the user must not impersonate another person, and must not use the name of another person to release any information; the user must not maliciously use the registered account to cause the mistaken identity of another user. We reserve the right to immediately stop providing the service should you fail to comply with the aforementioned. You alone assume all legal responsibility arising from this action.
- You understand and agree that Mobvoi can obtain and use all information that you submit to any item of Mobvoi work, including but not limited to this website, Mobvoi products, programs and services. Mobvoi does not need to give you notice of this again.
- Your use of this website with Mobvoi products, programs and services must be legal, you must take responsibility for your every action with the registered account, including any published content and any result arising from this. The user replies to any content within based upon their own decision, and takes responsibility for any risks caused by the use of this content, including risks arising from the correctness, integrity or practicality of the content. Mobvoi is unable to and will not take responsibility for any damages or losses resulting from the behaviour of the user.
- You will keep your login details confidential, not allowing their acquisition by other people and taking responsibility for all behaviour under your account with this website. You must at once notify this website of any possible unlawful, unauthorised or suspected unauthorised behaviour. This website will not take responsibility for any damages arising from your failure to abide by the aforementioned requirements.
- You accept that any information published through this website will become public information, and other third parties can have access to the information published by the user; the user acknowledges that this information becomes public information. The user alone will take legal responsibility for this conduct.
2) You must know and recognise:
- Because of business development needs, we can unilaterally alter, temporarily end, restrict, terminate or repeal the service rights of the entire or partial content of this service at any time without notice. The user must take responsibility for this risk.
- The services we provide may include advertising activities. The user agrees that in the course of their usage they will display any advertisements or other activities provided by us or affiliated third party suppliers or cooperative partners.
- We have the right to autonomously decide on any grounds, violations of the law, regulations or this agreement; content infringing upon, damaging, or threatening any person's rights or safety; conduct impersonating another person. We have the right in accordance with the law to stop transmitting any content. We also have the right to autonomously decide to take appropriate legal action against any person violating this agreement, including but not restricted to cancelling any content which is illegal, infringement, inappropriate etc.; to terminate user qualification; to prevent them using all or part of our service; and to keep any relevant information and hand it over to the appropriate department in accordance with laws and legislation.
- Some of our product services can only be used under certain network conditions, including but not restricted to: App market, theme market. You must voluntarily take responsibility for individual online or third party (including but not restricted to telecommunications or mobile communications providers) costs relating to communication fees, information fees etc. If these involve value-added telecom services, we suggest you confirm related cost issues with the value-added telecom service provider.
- To ensure your shopping safety when using this website to make purchases, only one piece of information from name, address, and telephone can be amended. If you need assistance, please use the phone number listed on your order form to call our customer service; if the phone you are using does not match the order form please amend this information.
2. User Content
1) User content refers to all content which the user has downloaded, published or created by other methods of using this website and Mobvoi products, programs and services (for example: your information, pictures, music or other content); you are the only person responsible for your user content, and you will take responsibility for making your user content public and any risks that you or a third party discerns as a result.
2) By uploading, publishing or using user content by other methods with this website and Mobvoi products, programs and services, you will be viewed as voluntarily authorising us with global permission which is irrevocable, unexclusive, exempt from royalties and sufficiently paid, as well as promising and guaranteeing that you have the right to give such authorisation. This can be used to:
- In order to provide and improve this website and Mobvoi products, programs and services, we can use your account (excluding your personal information) in the following ways: copy, publish, publicly display and perform, or create derivative works, including using it in other productions or other forms of using the user account; we are also able to authorise the transfer of the aforementioned matters;
- The copy and publishing of your user content’s private information will only be for the purpose of providing personal information for our intended recipients;
- You agree that you irrevocably waive any and all ownership, legal and moral rights to your user content.
3. User rights and obligations
1) Rights of the legal use of this website;
2) Your rights in every mobile communication equipment download, installation and use of Mobvoi products, programs and services;
3) Property rights for Mobvoi accounts belong to Mobvoi and all of its related companies; owing to security considerations, it is prohibited to use another person's mobile number, email address to register for a Mobvoi account. After you have completed registration, obtaining Mobvoi usage rights, these usage rights belong only to the person who originally registered, and cannot be given away as a gift, lent out, rented out, transferred or sold. Because of business requirements, Mobvoi has the right to recall a user account;
4) You have the right to alter, delete individual materials from the website, delete information and release content, but note that as you delete related information you will also delete any writing or pictures stored on the system. The user must take responsibility for this risk;
5) You have the responsibility to appropriately guarantee the safety of registered account details and account passwords; you must take legal responsibility for registered account and password conduct. The user agrees that under no circumstance will they use another user's account or password. When you suspect that another person is using your account or password, you agree to immediately notify Mobvoi.
6) Restrictions on rights:
- You must not in any way license, sell, rent, transfer, publish or do any other business with the content of this website or Mobvoi products, programs and services (including but not restricted to advertising or sponsored content on products or content);
- You must not visit this website or use Mobvoi products, programs and services for the purpose of setting up an identical or competing service;
- Unless the law is stipulated in writing, you must not in any way or form carry out the duplication, publication, reprinting, download, display, advertisement, amendment, translation, merging, usage, resolve or reverse editing etc of any part of this website or Mobvoi products, programs and services (including but not restricted to advertising or sponsored content on products or content);
- You have already agreed that in the course of uploading, distributing or other usage of this website or Mobvoi products, programs and services, you will take responsibility for the below conduct and the risks and complete legal responsibility that it creates; damage to the constitution and defined fundamental doctrines; jeopardise national security, leak national secrets, topple the national regime, damage national unity; harm national honour and interests; incite ethnic hatred, ethnic discrimination, damage national unity; damage national religious policies, proclaim evil cults and feudalistic superstitions; disseminate rumours, disturb societal order, damage society's stability; disseminate obscenity, pornography, gambling, violence, murder, terror or incite crime; insult or slander another person, violate the legal rights of another person, including laws and legislation, administrative regulations, and other prohibited content;
- You have already agreed not to engage in the following conduct on this website or Mobvoi products, programs and services: upload or release computer viruses, worms, malware, to deliberately damage or alter computer system or data software; collect other user information or data such as email addresses under unauthorised circumstances;
- It is prohibited to use the internet connection of this website to create an excessive responsibility for this website or in other ways interfere or harm website servers and internet links; to attempt to visit this website, servers or this website's web links under unauthorised circumstances;
- Interfere with or damage other users' ordinary usage of this website or Mobvoi products, programs and services.
4. Privacy Clause
1) Collection and usage of information:
- In order to provide you with services, improve software performance and appearance, recommend new functions and products etc. by way of setting up accounts, distinguishing users, responding to inquiries, emails etc., Mobvoi will require you to provide personal information (including but not limited to your name, phone number, email address), and will collect other information relating to you (including but not limited to equipment information, log information, position information and other similar characteristic records).
- Mobvoi could possibly integrate the information that you submit through your own account with information from other services or third parties, so that we can provide you with a better experience and improve the quality of Mobvoi services. Mobvoi could possibly integrate the information that you submit through your own account with information from other services or third parties, so that we can provide you with a better experience and improve the quality of Mobvoi services.
- Mobvoi products and services may contain the links or information of third party products and/or services. If you submit/publish information by filling in forms on other platforms or through third party computer software, then those parties may learn about your information. These third party app programs may have their own corresponding privacy policy guidelines; please examine these in detail and carefully consider before you provide personal information. This privacy policy is not applicable with the behaviour of third parties in collecting information from you; Mobvoi cannot control third party behaviour, and so cannot take responsibility for the behaviour of third parties in collecting or using your personal information.
- Mobvoi strictly complies with related laws and the content stipulated in this privacy policy when collecting and using your personal information. Unless holding documents of authorisation issued by the government, Mobvoi staff members will not directly ask you for personal information. If you encounter this kind of situation, you can contact Mobvoi directly.
2) Publication of information
- Mobvoi will save your information appropriately without publishing it, unless required to do so by law, the request of a government department or the circumstances listed in this privacy policy.
- You authorise that under the following circumstances Mobvoi can disclose your information to third parties without needing to obtain your consent:
a) If Mobvoi’s publication of the information is for the purpose of identification and contacting you, or for bringing a lawsuit against behaviour which may cause damage to Mobvoi’s rights, property, website users, or any other person (including the rights and properties of another person).
b) Mobvoi provides related parties, business partners or individuals with personal information so that they can represent or assist Mobvoi in handling the given information. Mobvoi requires the aforementioned parties to agree to handle this information in accordance with related laws and orders and the Mobvoi privacy policy.
3) Information security
- Mobvoi will do their reasonable best to guarantee the security of your information, but you should know that Movboi cannot completely avoid threats relating to your personal information (especially when circumstances arise which Mobvoi cannot control, like unpredictable or third party causes). As a result, Mobvoi cannot give any definitive guarantee or commitment when it comes to the safeguarding or confidentiality of private information. If Mobvoi is informed of any threats to the security of obtained or stored data, or of external behaviour (including but not limited to external attacks on security) which causes the user's non-public information to be published with an unaffiliated third party, although this policy includes other guidelines for avoiding responsibility, Mobvoi will still adopt what it believes to be reasonable measures (including but not limited to internal investigations, reporting to superiors and notifying the law enforcement agencies, and cooperating with the work of the law enforcement agency). At the same time, when it rules it appropriate, Mobvoi will adopt legal and reasonable measures to inform related users, notifying them of the published information as well as the extent of knowledge that Mobvoi holds about said information.
- You should pay attention to the protection of your personal information. For example, you must not divulge your personal passwords, etc.
- Mobvoi will adopt the necessary means and strive to stop internal staff members going beyond their powers to obtain/use/disclose your information.
4) Collection and usage of minors’ information
- Mobvoi requires minors to use Mobvoi products and services under the agreement and guidance of their legal guardians.
- If you are a minor, you must ensure that you have obtained the consent of your legal guardian' before providing personal information.
5) Although this privacy statement explains the standards followed by Mobvoi in protecting privacy, these standards may change. When the privacy clauses are updated and announced, the new clause will replace the original privacy clause, and no further notification is required. The user can use this website to check the updated version of this privacy clause. After Mobvoi has amended the privacy clause, if the user does not accept the amended clause, please immediately stop using the services provided by Mobvoi. If the user continues to use the services provided by Mobvoi it will be considered acceptance of the amended clause.
5. Third Parties
1) You already know and accept that our service is obtained on the basis of technology support from third parties such as android. You already know that this agreement is agreed upon and signed by you and Mobvoi, and is not agreed upon and signed between you and the aforementioned third parties. Mobvoi is the only responsible party for matters of content, safeguards, support services, guarantees and lawsuits arising from these on the basis of this website and Mobvoi products, programs and services. You have already agreed to comply and authorise this website and Mobvoi products, programs and services restricts your conditional use of this website's service.
2) User content refers to all content which the user has downloaded, published or created by other methods of using this website and Mobvoi products, programs and services (for example: your information, pictures, music or other content); you are the only person responsible for your user content, and you will take responsibility for making your user content public and any risks that you or a third party discerns as a result.
3) You must take legal responsibility for risks arising from your usage of third party websites and advertisements. When you visit third party websites and adverts, it must be applicable to third party clauses and policies.
4) This website and Mobvoi products, programs and services contain content provided by other users. Your interactions with other users are classified only as conduct between you and the other user, Mobvoi does not control or take responsibility for the aforementioned user content, and does not have an obligation to examine, monitor, endorse or authorise the aforementioned user content. You take legal responsibility for risks arising from your use of this user content and other user interactions. This website and Mobvoi products, programs and services do not take legal responsibility for this kind of conduct.
5) In connection with Mobvoi services, including the Mobvoi Developers website, your rights and obligations together with those of Mobvoi and traders will follow the restrictions outlined in the Mobvoi Developer Agreement.
6. Damages compensation
1) You have already agreed to harmlessly use this website and Mobvoi products, programs and services, so as to avoid Mobvoi suffering any third party complaints, lawsuits, losses, damages, costs and expenditures (including but not limited to lawyers’ fees) as a result of the following conduct or related conducts: your conduct in using this website and Mobvoi products, programs and services; your user content; your conduct in violating this agreement.
2) User content refers to all content which the user has downloaded, published or created by other methods of using this website and Mobvoi products, programs and services (for example: your information, pictures, music or other content); you are the only person responsible for your user content, and you will take responsibility for making your user content public and any risks that you or a third party discerns as a result.
3) You have already agreed that unless the written agreement of Mobvoi is obtained, you must not unilaterally settle a lawsuit brought against you and Mobvoi by a third party.
4) Mobvoi will make all reasonable efforts to notify you of this kind of lawsuit, lawsuit activity or progress.
5) Mobvoi will not under any circumstance take responsibility for any indirect, resultant, reprimanded, occasional, special or punitive damage compensation arising from you or a third party entering into this agreement. You have sole responsibility for the risk of damages to computer systems or mobile communication facility databases arising from visits to or usage of this website or Mobvoi products, programs and services.
7. Disclaimer
1) If any of the following circumstances occur, Mobvoi does not take legal responsibility: the risk of a third party being recognised:
- Providing your personal information in accordance with legal regulations or the requirements of government branches;
- Any leak of personal information which is caused by your improper usage or any other cause stemming from you;
- Any situation where the user's requirements are not met because of discontinued or obstructed service resulting from any hacker attack, computer virus, illegal content messages and blocked messages, or government control and any other internet, technology, communication line, and information safety management measures;
- Any situation where the user incurs damages arising from third party issues, such as operator communication line malfunctions, technical problems, network or computer malfunctions, system instabilities and other unpredictable events;
- Messages containing threats, slander, disgusting or illegal content which come from other people – either anonymously or as impersonations – which may occur in usage of Mobvoi products, programs and services, as well as any risks that may arise from them;
-
- Misleading or deception between users which leads to or could lead to any psychological, physiological harm or economic damages, either through this website or Mobvoi products, programs and services or other user contact;
- This website and Mobvoi products, programs and services declare in writing that it does not clearly state, hint or in any way guarantee the timeliness, security or accuracy of the services of Mobvoi and its affiliated companies.
2) Any content published on this website is not representative or reflective of Mobvoi views or policies, and Mobvoi will not take any responsibility for this.
3) Under any circumstance, Mobvoi will not take responsibility for any indirect, resultant, punitive, incidental, or penal damages, including harm to profits suffered as a result of the user's use of Mobvoi services. Although this agreement may contain contradictory regulations, our responsibility for you - regardless of any reason or type of conduct - will not at any point exceed your registration period, or fees paid to Mobvoi for usage of Mobvoi services (if there are any).
8. Intellectual Property Rights
1) Any information that the user posts on the Mobvoi website or interactive platforms must not infringe upon third party intellectual property rights, without having first received the written approval of the proprietor of the related property rights; the user must not upload, publish, amend, disseminate or duplicate any copyright protected material, trademarks or exclusive content belonging to another person. We will after inspection remove any content that infringes upon another person's copyright if we are suitably notified by the copyright holder or a legal representative of the copyright holder.
2) The symbols, products and service names relating to Mobvoi service are all Mobvoi trademarks. Without the prior written agreement of Mobvoi, the user must not in any way display, use or otherwise handle the Mobvoi symbol. No group or individual may in any way or for any reason use, duplicate, amend, disseminate or make a copy of any part of this trademark, or in any way tie it to a product and use it for marketing.
3) Outside of the above regulations, if you suspect anyone is copying and posting your content on the Mobvoi website, constituting an infringement on your own copyright, please promptly contact us, using the email legal@@mobvoi.com, and provide the following information in writing:
- Evidence proving that you hold the copyright to the content that you suspect has had its copyright infringed upon;
- Clear proof of identity, address, contact method;
- The location on a Mobvoi service of the content suspected of having been infringed upon;
- A description of the content that you claim to be suffering copyright infringement upon;
- Proof of the copyright infringement;
- Under the prerequisite that you agree to take responsibility for any perjury punishment, you shall issue a written assertion that states that the content of your notification is accurate and honest.
9. Amendments and termination
1) Amendments
- This agreement allows modification. If this agreement has any substantial modification, we will notify you via the email address that you provided or via posts on this website. After modification notification, continuing to use this website and Mobvoi products, programs, and services will be considered to show that you know about and accept these modifications, and accept the clause's restrictions;
- Mobvoi retains the right to amend, retain, or close this website, Mobvoi products, programs or any services at any time without notice;
- You have already agreed that Mobvoi does not need to take responsibility for you or third parties because of its actions amending, retaining or closing the website, Mobvoi products, programs or other services.
2) Termination
- This agreement is valid from the day that you voluntarily accept, and continues to be valid during the course of your usage of this website, Mobvoi products, programs and services, up until it is terminated in accordance with this agreement;
- Even with the aforementioned rules, if you use this website and Mobvoi products, programs and services before you accept this agreement, you hereto know or should know and agree that this agreement is valid from the first time you use this website and Mobvoi products, programs and services, and can only be prematurely terminated if in accordance with this agreement.
3) We will possibly: In accordance with the rules of the law, retain the rights to this website, Mobvoi products, programs and services, or of accounts on this website; regardless whether or not there is notice, we can at any time on any grounds terminate this agreement, including due to the belief that you have violated our acceptable usage policies or this agreement's other rules.
4) In the case of restrictions of the earlier clauses not being met, if a user infringes upon third party copyright and Mobvoi receives the notice of the all rights reserved holder, or the legal representative of the all rights reserved holder, Mobvoi retains the right to terminate this agreement.
5) If this agreement is terminated, your rights to an account with this website and Mobvoi products, programs and services will be terminated. You should know that termination of your account will mean that user content will be deleted from our database. Mobvoi does not take responsibility for you because of termination of this agreement, including termination of your user account and deletion of your user content.
6) For any new edition of this website or future editions of Mobvoi products, programs and services, replacements or other alterations will receive the restrictions of this agreement.
10. Other
1) Feedback
- Your suggestions to Mobvoi (herein called "feedback"), will be considered a transfer of the complete rights to this feedback to Mobvoi, and agreement that Mobvoi has the right to use any reasonable method to make use of this feedback and related information. We will consider this type of information not to be confidential and not to be exclusive;
- You have already agreed that you will not provide Mobvoi with any information which you consider to be confidential or exclusive;
- We will retain the right to examine the user's content based on our own judgement (but are not obliged to). Regardless of whether or not there is notification, we have the right to cancel or move your user content at any time and on any grounds. According to Article 8, we have the right to retain or terminate your account.
2) Notice
- You must provide your most recent, frequently used and effective email address. Mobvoi does not take responsibility for any risk that the email address that you provide cannot be used or we are for any reason unable to deliver notices to you. The posts and notices released by this website and the emails delivered to you which contain this information certainly constitute effective notification.
3) Applicable Law
- This agreement is applicable with the laws of The People's Republic of China;
- If both parties enter a dispute, they should consult to reach a solution in accordance with amicable principles; if consultation cannot bring a solution, it should be administered by the local court of the Beijing Yushanzhi Information Technology Company Limited.
4) Independence
- If some of the clauses of this agreement are for some reason inapplicable, the other clauses of the agreement will continue to be applicable, and the inapplicable clauses will be amended, so that they can be sufficiently applicable with the law.
5) Integrity
- This agreement is the final, complete, exclusive agreement between you and Mobvoi, concerning this website and Mobvoi products, programs, and matters relating to service. It also replaces and merges with earlier discussions and agreements with the persons involved concerning this kind of matter (including earlier final user permits, service clauses);
- Every title is only for reading and does not have legal or contractual obligation;
- Unless Mobvoi agrees in writing, you may not transfer the rights and obligations of this agreement. Any violation of the aforementioned rules to attempt to transfer will not be valid.
11. Contact
- Address: Daheng Science Building South Tower, 18th Floor, No. 3 Suzhou Street, Haidian District, Beijing City
- Phone number: 010-56177000
- Mailing address: legal@mobvoi.com