Service Agreement of TUYO smart
Welcome to TUYO smart!
Before accepting the Agreement, you are supposed to thoroughly read all contents of the Agreement, and fully know its terms, especially restrictive clauses or exceptions. Restrictive clauses or exceptions are bold or highlighted in other forms to catch your attention. In case of any doubt for the terms of the Agreement, please contact relevant business department of TUYO smart. You are not allowed to use the service before you have read and accepted all terms of the Agreement, relevant agreements and rules, etc. Once you select "agree and submit the Agreement" (see registration page for detailed wordings) and complete the registration procedure, or you use the service in any form, it will be deemed that you have read and agreed with the restriction of the Agreement and rules above. In case of any breach of the Agreement, TUYO smart has the right to unilaterally restrict, suspend or terminate the service for you, and has the right to investigate your relevant responsibilities.
I. Definitions of Terms
Licensed software refers to software system developed by TUYO smart, downloaded
and installed and applied in specified system mobile terminals.
1.2 Services refer to services provided for you by TUYO smart and its suppliers. You can use such services on the mobile terminal with the licensed software.
2.1 TUYO smart offers you intelligent life equipment management services, based on which you can access the intelligent terminals on TUYO smart and its suppliers' smart platform through the TUYO smart Control, and realize interlinkage among intelligent equipment. Service contents include intelligent equipment management, scene interlinkage and analysis report, etc. Such functions may be optimized or modified according to changes of users' demands or judgment of service supplier, and service supply may be suspended due to regular and irregular maintenance.
III. Scope of Service
3.1 TUYO smart grants you the right to use the product based on this software.
3.2 You are prohibited to license, sell, lease, transfer, issue the product in any form, or use the product for other commercial purpose. Due to limitations on software adaptation platform and terminals, you can only use the licensed software in the authorized system platform and terminal; if you install the licensed software on other terminal equipment, it may damage your hardware or software function.
acknowledge that the licensed software can only be used for non-commercial
purpose and installation, application and running of the licensed software is
prohibited. If such commercial operation is necessary, prior written
authorization and permission from TUYO smart shall be obtained.
smart and its suppliers may change, upgrade or transfer the licensed software
or relevant functions from time to time, and may add new functions or services
in the licensed software system. If no separate agreements are accompanied with
the aforesaid new functions or services, you are entitled to the corresponding
functions and services, which is also subject to the Agreement.
shall be responsible for the accuracy, reliability, integrity and legality of
input data and legality of the way in which you obtain the data and shall back
up data and information from time to time. You shall bear all risks for damage
and loss of such information.
shall properly keep your account number and password. In case of any safety
loophole for your account (including but not limited to divulgence of user
password), you shall notify TUYO smart in time, and TUYO smart will assist you
in taking relevant measures. Otherwise, all behaviors related to your account
shall be assumed by you and you will bear all responsibilities.
IV. A Third
acknowledge that certain service of TUYO smart and its suppliers is based on
software or services provided by a third party. Such service is set to
facilitate your application and necessary legal authorization is obtained from
the third party.
product includes certain information and services of the third party. TUYO
smart and its suppliers neither controls nor bears responsibility for
information and services of the third party.
4.3 You acknowledge that TUYO smart and its suppliers cannot guarantee that the licensed software always uses or contains such services, or that other software provided by the same third party will be used in the future. Likewise, it may use similar services supplied by another third party. Upon application, the aforesaid corresponding software or services are subject to this Agreement.
V. Service Application Standard
5.1 You shall use the licensed software in a normal manner. The following ways are in breach of the application standard:
1) Issue or
share computer virus, worms, malicious codes, or software that deliberately
damages or changes computer system or data;
information or data of other users without authorization, for example, email
address and the like;
Maliciously use the product in an automatic way, causing overload to the
server, or interfere with or damage web server and network links in other
to visit server data or communication data of the product without
Interfere with or damage the production application by other users.
understand and agree that:
smart will determine whether or not you are involved in violation of standards above
and suspend or terminate your application license according to determination
results or take other restrictions according to agreements.
smart will directly delete information in breach of laws, or infringing others'
legal rights, or in breach of the Agreement issued by you when using the
3) If a
third party suffers from damage due to your breach of application standards,
you shall independently bear legal responsibility in your name, and protect and
indemnify TUYO smart from losses or additional expenses generated therefrom.
Otherwise, TUYO smart has the right to claim compensation.
4) If TUYO
smart and its suppliers suffers from any loss due to your breach of relevant
laws or the Agreement, you shall compensate TUYO smart and its suppliers for
losses and (or) expenses generated therefrom.
Information Content Standard
promise that you will not conduct any act in breach of laws or improper
behaviors by using the service, such act and behavior include (but not limited
Uploading, transferring, or sharing information containing one of the following
the basic principles determined in the Constitution;
Endangering state safety, disclosing state secret, subverting state power and
sabotaging state unity;
state honor and benefit;
national hatred and discrimination and sabotaging national unity;
Destroying religious policy of the state and advocating heresy and feudalistic
Spreading rumors, disturbing social order and destroying social stability;
Spreading obscenity, porn, gambling, violence, murder and terror or abetting a
Insulting or slandering others and infringing on the legal rights and interests
Containing contents of sham, defraudation, harm, threat, infringement to
others' privacy, harassment, infringement, slander, coarseness, indecency, or
morally repulsive contents;
Containing other contents restricted or forbidden by applicable laws,
regulations, rules, provisions and other legal standards.
VII. Private Policy and Data
7.1 It is
crucial for TUYO smart to protect your personal information. TUYO smart
protection of intellectual property, collection, use, share, storage and
protection, etc. of your information are disclosed. You are suggested to
VIII. Exception Clauses
otherwise specified in laws and regulations, TUYO smart will do its best to
ensure the security, validity, accuracy and reliability of the licensed
software and technologies and information involved, but TUYO smart is unable to
guarantee the same due to restriction by available technologies nowadays.
8.2 You understand that TUYO smart will not assume responsibility for direct or indirect losses caused by force majeure and default of a third party.
8.3 You shall be responsible for personnel injury or incidental or indirectly injury caused by or related to one of the following accidents: 1) A third party uses the licensed software or changes your data without permission; 2) Expenses and losses produced by using the licensed software; 3) Your misunderstanding of the licensed software; 4) Other losses related to licensed software caused by reasons not attributable to TUYO smart.
8.4 Any other licensed software-derived software not developed and released by TUYO smart or the development and release are not granted by TUYO smart is illegal software. Downloading, installing and using such software may cause unpredictable risks. TUYO smart shall be free from legal responsibilities and disputes generated therein and TUYO smart shall have the right to suspend or terminate application license and/or other all services.
8.5 You have been informed of that the usage of TUYO smart and its supplier's smart platform involves Internet service, which may be affected by unstable factors in all links. Although TUYO smart has taken safeguard measures, the service may be suspended, terminated, delayed, suffered from application restriction or application failure due to inherent defects of Internet and e-communication as well as factors beyond reasonable control of any party to the Agreement (including but not limited to fire, flood, terrorist attack, pestilence, natural disasters, riot, terminal virus, hacker attack, network fault and terminal fault). You hereby agree to bear foregoing risks and agree that TUYO smart is free from any responsibility when normal running of services are influenced by the occurrence of foregoing risks.
IX. Agreement Termination and
Breach of Agreement
should understand that you shall use the licensed software according to
authorization scope, respect intellectual property of software and contents
contained in the software and perform obligations according to the Agreement
when using TUYO smart's services. TUYO smart will terminate the application
license if you are in material breach of the Agreement.
application of the software relies on supporting services supplied by TUYO
smart's related companies. Breach of terms, agreements, rules, annunciation and
other relevant regulations of TUYO smart and its related companies may cause
failure in normal usage of licensed software, in which case, TUYO smart shall
be entitled to terminate the application license or take measures to restrain
your application license or other rights and interests controlled by TUYO smart
as agreed in the Agreement, including suspension or termination of your
9.3 In case
of your breach of the Agreement or other agreements signed with TUYO smart, TUYO
smart and its suppliers shall have the right to notify the related companies,
requiring them to take restrictive measures to your rights and interests,
including requiring related companies to suspend or terminate supplying part or
whole services for you, and legally announce your breach of agreement on
websites run or actually controlled by them.
licensed software is downloaded from the downloading platform and you shall
abide by stipulations of the download platform, system platform and terminal
manufacture on application ways and restrictions of the licensed software. If
the above mentioned third party confirms that you are in breach of the
agreement and TUYO smart and its supplier's treatment is required, TUYO smart
may terminate your application license at the third party's request.
the application license terminates, you shall stop using the licensed software
and destroy all copies.
must bear all compensation responsibilities if TUYO smart and other users
suffer from losses caused by your breach of terms in the Agreement.
X. Governing Laws and Severability
10.1 Effectiveness, explanation, change,
execution and dispute settlement of the Agreement are subject to laws of the
United States of America. If no relevant laws and regulations are available,
reference to general international business practices and (or) industrial
practices shall be made.
10.2 Dispute arising from or in connection
with the Agreement may be settled by you and TUYO smart through friendly
negotiation or submitted to the Courts of the State of Florida.
10.3 When any term of the Agreement is judged
to be invalid by the Court of the State of Florida, it will not influence the
effectiveness of other terms or any part thereof, and you and TUYO smart shall
perform the valid terms in good faith.
10.4 The Agreement is signed in Coral Gables, Florida USA.