Ticwear Developer Agreement

1. Explanation

After the publisher has agreed to accept, this agreement will constitute a legal document between the publisher and Mobvoi. From this point, the publisher must not in any way protest on the basis of not having read the content of this agreement.

By registering on the Ticwear Store, or by providing, uploading, downloading or forwarding work, publishers accept the specifications of this article. If a publisher does not agree to any part of this agreement, they are unable to release or disseminate their work on the Ticwear Store.

If the publisher accepts this article, the publisher guarantees that they have reached the legal minimum age, and have total behavioural competence. If the publisher represents a company, organisation or other legal body, the publisher guarantees that their company or organisation was established in accordance with the law of the publisher's current address, and is a continued valid and legal body. The publisher also guarantees that the publisher's company or organisation has legally authorised them to represent them in entering the Ticwear Store. If the publisher's work includes any open source software, the publisher guarantees that they will abide by every applicable open source software authorisation clause.

2. Definition

2.1 Mobvoi company: Beijing Yushanzhi Information Technology Company Limited and related companies.

2.2 Publisher: Indicates any publisher which releases app program work on the Ticwear Store, after passing through a valid application and Mobvoi's auditing process. The publisher could be a corporation, organisation or a person.

2.3 Ticwear Store: A release platform for open Smart Watch apps, owned and run by Mobvoi.

2.4 Work: Any information or material which the publisher has the legal right to publish or upgrade using the Ticwear Store, for which they have a registered publisher account. This includes but is not limited to services, apps, data, documents, software, music, sounds, photographs, pictures, diagrams, recorded media messages, solutions, problems, opinions, suggestions, hints, tactics, ideas, designs, notions and plans.

2.5 User: Indicates any direct or indirect user of work released or updated by publishers on the Ticwear developers website.

3. Cost calculation and earnings distribution

3.1 Mobvoi provides the publisher with the platform and service agreed upon in this agreement free of charge, but this does not remove the possibility that the aforementioned services and other additional services will incur costs, or the sharing of publisher earnings. Cost amounts, proportions and earning distribution methods will be in accordance with the stipulations of the new version of this agreement.

3.2 After updated versions to this contract have been publically published, if the publisher continues to use the Ticwear Store and its services, it will be considered as acceptance of the content of the updated edition of this contract; if the publisher does not agree with the content of the updated version of this contract, they have the right to stop using the Ticwear Store and its services, but the publisher's conduct before they stop using the Ticwear Store will remain true to this agreement's restrictions.

4. Intellectual property rights and ownership

4.1 The ownership and intellectual property rights of work uploaded and released on Ticwear Store belong to the publisher or their legal owner. If work involves third party rights, the publisher must receive the authorisation of the relevant rights holders. When the Ticwear Store examines and approves the upload of work, it tacitly agrees that the publisher owns the legal right to release this work. If the publisher actually infringes upon rights when releasing the work, Ticwear Store will remove the work if it receives notification or judges there to be a possible infringement upon rights.

4.2 The relevant rights of the text, pictures, audio, video, trademarks, information and other materials which might be included in Ticwear Store or belong to Mobvoi or are obtained legally by Mobvoi. Without the consent of Mobvoi and related rights holders, the aforementioned information or resources must not be directly or indirectly released or broadcast in any media, or be revised or republished, or used for any other commercial purpose.

4.3 All rights to any apps used by Ticwear Store to provide platform or service (including but not limited to any pictures, photographs, animations, video recordings, sound recordings, music, scripts and additional programs or help materials contained in apps) belong to Mobvoi or its software's copyright owners, and must not be used by the publisher without the prior permission of the rights holder.

4.4 Property rights of the work uploaded by the publisher belongs to the publisher; the publisher agrees and authorises Mobvoi to use, copy, publically develop and transmit the work, and this authorisation is unexclusive, global, irrevocable and without authorisation fees. The publisher authorises Mobvoi and its consultants, suppliers and contractors, to use the publisher's work or brand for the purpose of marketing; but this article does not authorise the publisher to use the Mobvoi and Ticwear brand name or logo.

4.5 The publisher gives consent and authorisation for users who obtain work from Ticwear Store to use the publisher’s work globally and unexclusively over a long period of time. If the user reaches another agreement with the publisher, related regulations should take the agreement between the publisher and user as standard; if any dispute arises, the agreement between the publisher and user should be taken as standard, and this will have nothing to do with Mobvoi.

5. Publisher’s rights and obligations

5.1 The publisher has the right to release their work on the Ticwear developers website, and to use each function and service provided by the Ticwear Store, including data statistics, compatibility tests etc. Without the written consent of Mobvoi, publishers must not receive any fee from the user for work that they have released.

5.2 The publisher guarantees: All information that they provide to Mobvoi is honest, legal, accurate and complete, including but not limited to name, address, email address and related materials. If the aforementioned information undergoes any changes, the publisher should change the information within three working days. If Mobvoi discovers any untruthful, illegal or inaccurate information, it has the right to suspend or terminate the services under this agreement at any time.

5.3 The publisher agrees: The work that they provide can only be released on the Ticwear Store after passing through Mobvoi's audit and acceptance; Mobvoi also has the right to continue auditing after the work has been released. During the aforementioned audit course, Mobvoi has the complete right to decide whether or not to accept or terminate the release of this work, including in situations where the publisher is not notified, to not consent to the release of the work, or to delete, block etc. already released apps; at the same time, in situations where the publisher has not uploaded the work's updated content, Mobvoi can use other methods to search for the work's updated content and release it on Ticwear Store.

5.4 The publisher should guarantee that the work that they release does not violate laws and guidelines, does not contain any pornographic, political, etc. illegal information, and does not have any concealed content which is stolen, or which could damage user data or the system. The publisher takes full responsibility for violating the guarantee stated in article 5.4, and for any and every infringement upon rights or the law that arises from this violation.

5.5 The publisher guarantees that work that is released on Ticwear Store does not have any obvious flaws, and should punctually update and maintain already released work, guaranteeing that the work is stable for use. The publisher will take responsibility for the work's customer service, operation and technology maintenance, independently solving any issues or disputes which arise from the service between the work and the user.

5.6 The publisher guarantees that they will not engage in any conduct which infringes upon the privacy and data security of the user; without the clear consent of the user, they must not by any method, manner or avenue obtain user information, or use information for illegal application or motives. The publisher agrees to take responsibility for guaranteeing and safeguarding the private information of users; without the prior written consent of the user, the publisher absolutely cannot overreach the scope of this article's purpose and use or in any way leak, inform, or hand over the information to any third party.

5.7 The publisher must not interfere with the usual running of Ticwear Store or any part or function of the Mobvoi websites, or enter into competition with Mobvoi services.

5.8 If the publisher violates the commitments of this contract it will be considered a violation of the agreement, and the publisher should compensate Mobvoi and suffer all of the economic damages. If the publisher breaks the promises of this agreement and this has a negative impact on Mobvoi, the publisher should authorise Mobvoi to release public clarifications relating to the situation. In addition to this, the publisher should independently take administrative and penal responsibility arising from the publisher's violation of the agreement.

6. Mobvoi’s rights and obligations

6.1 Mobvoi takes responsibility for the construction and maintenance of the Ticwear Store, and provides necessary dissemination and promotion for work released on the Ticwear Store.

6.2 Mobvoi has the right to copy, disseminate and promote publishers' work released on Ticwear Store, and to authorise user downloads and usage, but should retain the work's original copyright trademarks and information; Mobvoi has the right to adjust or delete work already released in accordance with this need. With the consent of the publisher, Mobvoi can amend and edit the work, or hand it over to third parties.

6.3 Mobvoi does not take responsibility for paying compensation for any damages which might arise because of any of the following situations, including but not limited to damages to property, earnings, data resources etc. or other intangible damages:

6.4 If any of the below situations occur, Mobvoi has the right to use what it considers a rational degree and an ordinary person's intellectual level to decide upon the handling method, including but not limited to removal of the work and information, or termination or temporary suspension of the full or partial service provided to the publisher or user:

6.5 Mobvoi retains the right to change or terminate the Ticwear Store at any time, and does not need to take responsibility with the publisher for exercising this right. Mobvoi can notify the publisher or user via web page announcements, email, phone call, or letter delivery, and the recipient will be considered to have received notification as soon as it is sent.

7. Law applicable with judicial administration

This agreement and every legal relationship and dispute that arises from it are applicable with the laws of The People's Republic of China. Both sides agree to the administration of the local courts to Beijing Yushanzhi Information Technology Company Limited.

8. Agreement validity period

8.1 This agreement is legally valid from the day that the publisher signs their agreement, and is retroactively effective.

8.2 This agreement's validity period is from the day it takes effect until two years after the conclusion of all business between Mobvoi and the publisher.

9. Acknowledgement

Mobvoi's auditing of the publisher and their work does not signify Mobvoi taking legal responsibility for the results of the audit, including the legal responsibility or guarantee of the publisher's aptitude or work. Mobvoi takes no responsibility for any direct, indirect, unexpected, special or significant damages, loss of benefits or interrupted business which occur as a result of the usage of or inability to use Ticwear Store.