UBeesize APP User Agreement

User Agreement

By using the software (“Product Software”) that is embedded on the UBeesize product (“Product”) or checking a box or clicking a button confirming your agreement to these terms, you agree to the terms of this UBeesize User Agreement (“UBUA”) between you and UBeesize (“UBeesize” “we” or “us”).

Please read the provisions of the terms of service carefully before accepting the terms of service. If you do not agree to the terms, you should immediately stop accessing or using the software product.

This UBUA governs your access and use of the Product Software. This UBUA gives you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this UBUA will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of this UBUA may not apply to you.

This is a legal agreement. By accessing and using the product software, you are accepting and agreeing to this UBUA on behalf of yourself or the entity you represent in connection with the access. You represent and warrant that you have the right, authority, and capacity to accept and agree to this UBUA on behalf of yourself or the entity you represent. You represent that you are of sufficient legal age in your jurisdiction or residence to use or access the product software and to enter into this UBUA. If you do not agree with any of the provisions of these terms, you should cease accessing or using the product software.

As described below, you may connect your product to the site services and enable your product to connect to the internet or mobile device via a Wi-Fi or Bluetooth connection. By connecting your product to the site services and connecting your product to the internet or mobile device, you will receive automatic or manual updates to the product software. If you do not agree to updates to the product software, you should not connect your product to the site services and the internet.

1. License

Subject to the terms of this UBUA, UBeesize grants to you a limited and nonexclusive license (without the right to sublicense) to execute one (1) copy of the Product Software, in executable object code form only, solely on the Product that you own or control and solely for use in conjunction with the Product for your personal, non-commercial purposes.

2. Restrictions

You agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Product Software or make the Product Software available to any third party, (b) copy or use the Product Software for any purpose other than as permitted in Section 1, (c) use any portion of the Product Software on any device or computer other than the Product that you own or control, (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product Software, (e) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Product Software (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact UBeesize and provide UBeesize an opportunity to create such changes as are needed for interoperability purposes).

3. Ownership

The Product Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of UBeesize and its licensors. UBeesize and its licensors reserve all rights in and to the Product Software not expressly granted to you in this UBUA. The Product Software (and all copies thereof) is licensed to you, not sold, under this UBUA. There are no implied licenses in this UBUA. All suggestions or feedback provided by you to UBeesize with respect to the Product Software shall be UBeesize’s property. UBeesize may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you.

4. Open Source

Certain items of software included with the Product Software are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this UBUA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this UBUA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, UBeesize makes such Open Source Software, and UBeesize’s modifications to that Open Source Software, available by written request to UBeesize at the email or mailing address listed below.

5. Term and Termination

This UBUA and the license granted hereunder are effective on the date you first use the Product Software or Product and shall continue for as long as you own the Product, unless this UBUA is terminated under this section. UBeesize may terminate this UBUA at any time if you fail to comply with any term(s) hereof. You may terminate this UBUA effective immediately upon written notice to UBeesize. Upon termination of this UBUA, the license granted hereunder will terminate and you must stop all use of the Product Software.

6. Warranty Disclaimer

UBeesize does not make the following commitments: UBeesize does not interrupt software products and its content, services, or functions if there is no error or failure. UBeesize commits or promises to correcting any defects. Your use of the software product will produce specific results. UBeesize provides software products "as is." UBeesize cannot guarantee that all files or other data you download from software products are virus-free, uninfected and non-destructive. UBeesize does not provide any warranties, express or implied, including guarantees of safety, accuracy, effectiveness and fitness for a particular purpose. UBeesize accepts no liability for any third party actions relating to the use of any software product or any UBeesize service. The use of the software product or products leading to any loss, liability or damage will be borne by you personally, including loss, liability or damage to your mobile smartphone(s), home, property, products, family members, persons and pets, and other peripheral devices connected to the products, computers, mobile devices and all the other items. If you are not satisfied with the software product or any content it contains, the only remedy you can take against UBeesize is to stop using the software product or any such content.

The above disclaimer applies to any performance failure, error, omission, interruption, delete, defects, propagation delay operation, computer virus, communication line fault, theft, damage, unauthorized access, tampering with or use, (whether for breach of contract, tort, negligence or any other cause for) that causes any loss, liability or damage.

UBeesize has the right to take any of the following actions at any time without notice: (1) Modify, suspend or terminate the software product for any reason. The operation or access of any component of a software product. (2) Modify or change the software product, any component of the software product and any applicable policies or terms. (3) To interrupt the operation of the software product or any component of the software product when necessary to perform routine or unconventional maintenance, error correction, or other changes.

7. Limitation of Liability

The laws of certain jurisdictions do not allow the exclusion or limitation of liability or of certain damages. If these laws apply to you, some or all of the below exclusions or limitations may not apply to you, and you might have additional rights. Nothing in this UBUA and in particular within this "limitation of liability" clause shall attempt to exclude liability that cannot be excluded under applicable law.

To the maximum extent permitted by applicable law, in addition to the above warranty disclaimers, in no event will (a) UBeesize, its affiliates, successors, assigns, licensors and suppliers, and each of their respective officers, directors, employees, and agents, (collectively, the “UBeesize parties”) be liable for any consequential, exemplary, special, or incidental damages, including any damages for lost data or lost profits, arising from or relating to the products or product software, even if UBeesize knew or should have known of the possibility of such damages.

8. Limitation of Product Software

The Product Software provides you with information (“Product Information”) regarding the Products in your home. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date.

9. Governing Law; Venue

These terms of service and any claim, dispute, action, cause of action, point of dispute or claim for relief in connection with these terms shall be governed by the laws of the People's Republic of China. Any dispute between you and UBeesize regarding the terms of service or other relevant matters shall be settled through friendly negotiation. If no agreement can be reached through negotiation, the dispute shall be submitted to Shenzhen International Arbitration Court for arbitration. The arbitration award shall be final and binding upon both parties. The rights and obligations arising out of this clause are not transferable by you and any such transfer shall be null and void.

10. Notices

Any notice to you may be provided by email to the address that you registered with UBeesize.

11. Severability

If any provision of this UBUA is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

12. Waiver

All waivers by UBeesize will be effective only if in writing. Any waiver or failure by UBeesize to enforce any provision of this UBUA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

13. General

The Product Software is deemed irrevocably accepted upon your use of the Product Software or Product. UBeesize will have no responsibility to provide maintenance or support services with respect to the Product Software.

You acknowledge that the Product Software contains valuable trade secrets and proprietary information of UBeesize, that any actual or threatened breach of Section 2 (Restrictions) of this UBUA will constitute immediate, irreparable harm to UBeesize for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.

The headings of Sections of this UBUA are for convenience and are not to be used in interpreting this UBUA.

Except as otherwise provided in this section, no amendment to this UBUA will be valid unless it is in writing hand-signed by the parties.

If you have questions regarding this UBUA, please contact UBeesize.

Registered account is deemed to agree to this user agreement. UBeesize cannot tolerate objectionable content and malicious registration. If found, UBeesize will immediately delete and reserve all rights

Feb 2021