Mobile Terms of Service for Flexfire LEDs, Inc
Welcome to the Leona™ Smart App by Flexfire LEDs!
Before accepting the Agreement, you should 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 the relevant business department of Flexfire LEDs, Inc. 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 exact phrasing) 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 restrictions of the Agreement and rules below. In case of any breach of the Agreement, Flexfire LEDs, Inc 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
1.1 “Licensed software” refers to software systems developed by Flexfire LEDs, Inc, downloaded, installed, and applied in specified system mobile terminals.
1.2 “Services” refer to services provided for you by Flexfire LEDs, Inc and its suppliers. You can use such services on the mobile terminal with the licensed software.
1.3 “Mobile Terminal” designates any portable device capable of accessing the offered Services.
2.1 Flexfire LEDs, Inc offers you smart home management services, where you can access the smart home management services on Flexfire LEDs, Inc and its suppliers' smart platform through the Leona Smart™ App Control, and realize interlinkage among smart home devices. Service contents include smart home management, scene interlinkage and analysis reporting, etc. Such functions may be optimized or modified according to changes of users' demands or judgment of service suppliers, and service supply may be suspended due to regular and irregular maintenance.
III. Scope of Service
3.1 Flexfire LEDs, Inc 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 purposes unless permission is granted to do so in written form.
3.3 Due to limitations on software adaptation platforms 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.
3.4 You acknowledge that the licensed software can only be used for non-commercial purposes and installation, application and running of the licensed software is prohibited. If such commercial operation is necessary, prior written authorization and permission from Flexfire LEDs, Inc shall be obtained.
3.5 Flexfire LEDs, Inc 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 aforementioned new functions or services, you are entitled to the corresponding functions and services, which are also subject to the Agreement.
3.6 You 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 to and loss of such information.
3.7 You shall be responsible for your account number and password. In the case of any compromise of your account (including but not limited to divulgence of user password), you shall notify Flexfire LEDs, Inc in time, and Flexfire LEDs, Inc will assist you in taking relevant measures. Otherwise, all responsibilities related to your account security shall be assumed by you.
IV. A Third Party
4.1 You acknowledge that certain services of Flexfire LEDs, Inc and its suppliers are based on software or services provided by a third party. Such service is set to facilitate operation of your application and necessary legal authorization has been obtained from the third party.
4.2 The product includes certain information and services of the third party. Flexfire LEDs, Inc and its suppliers neither controls nor bears responsibility for information and services of the third party.
4.3 You acknowledge that Flexfire LEDs, Inc 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 future. Likewise, it may use similar services supplied by another third party. Upon application, the aforementioned 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 uses are in breach of the application standard:
1) Issue or share computer viruses, worms, malicious codes, or software that deliberately damages or changes computer system or data;
2) Collect information or data of other users without authorization, for example: email addresses or other personal information;
3) Maliciously use the product in an automatic way, causing overload to any server, or interfere with or damage any web server or network links in any other forms.
4) Attempt to access or view server data or communication data of the product without authorization;
5) Interfere with or damage the product application of other users.
5.2 You understand and agree that:
1) Flexfire LEDs, Inc will determine whether or not you are involved in any violation of the standards above, and then suspend, terminate, or make other restrictions to your application license according to the determination results based on the Agreement.
2) Flexfire LEDs, Inc will directly delete information in breach of laws, when infringing others' legal rights, or when in breach of the Agreement issued by you when using the licensed software.
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 Flexfire LEDs, Inc from losses or additional expenses generated therefrom. Otherwise, Flexfire LEDs, Inc has the right to claim compensation.
4) If Flexfire LEDs, Inc and/or its suppliers suffer from any loss due to your breach of relevant laws or the Agreement, you shall compensate Flexfire LEDs, Inc and/or its suppliers for losses and/or expenses generated therefrom.
VI. Information Content Standard
6.1 You promise that you will not conduct any act in breach of laws or improper behaviors by using the service, such acts and behaviors include (but are not limited to):
6.1.1 Uploading, transferring or sharing information containing one of the following contents:
1) You agree to ensure that any content shared, uploaded or transferred through this application will not violate any laws applicable in your jurisdiction.
VII. Private Policy and Data
VIII. Exception Clauses
8.1 Unless otherwise specified in laws and regulations, Flexfire LEDs, Inc will do its best to ensure the security, validity, accuracy, and reliability of the licensed software, technologies, and information involved, except where Flexfire LEDs, Inc is unable to guarantee the same due to restrictions by the available platform technologies.
8.2 You understand that Flexfire LEDs, Inc will not assume responsibility for direct or indirect losses caused by force majeure and/or default of a third party.
8.3 You shall be responsible for personal injury or incidental or indirect 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 Flexfire LEDs, Inc.
8.4 Any other licensed software/derived software not developed and released by Flexfire LEDs, Inc or not granted development and release by Flexfire LEDs, Inc is illegal software. Downloading, installing, and using such software may cause unpredictable risks. Flexfire LEDs, Inc shall be free from legal responsibilities and disputes generated therein and Flexfire LEDs, Inc shall have the right to suspend or terminate the application license and/or other all services.
8.5 You have been informed that the usage of Flexfire LEDs, Inc and its supplier's smart platform involves Internet and/or phone service, which may be affected by unstable factors in all links. Although Flexfire LEDs, Inc has taken safeguard measures, the service may be suspended, terminated, delayed, suffer from application restrictions 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 Flexfire LEDs, Inc 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
9.1 You should understand that you shall use the licensed software according to its authorized scope, respect intellectual property of software and contents contained in the software, and perform obligations according to the Agreement when using Flexfire LEDs, Inc's services. Flexfire LEDs, Inc will terminate the application license if you are in material breach of the Agreement.
9.2 Your application of the software relies on supporting services supplied by Flexfire LEDs, Inc's related companies. Breach of terms, agreements, rules, annunciations, or other relevant regulations of Flexfire LEDs, Inc and its related companies may cause failure in normal usage of licensed software, in which case, Flexfire LEDs, Inc shall be entitled to terminate the application license, or take measures to restrain your application license or other rights and interests controlled by Flexfire LEDs, Inc as agreed in the Agreement, including suspension or termination of your application license.
9.3 In case of your breach of the Agreement or other agreements signed with Flexfire LEDs, Inc, Flexfire LEDs, Inc 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 services for you in part or entirely, and legally announce your breach of agreement on websites run or actually controlled by them.
9.4 The 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 Flexfire LEDs, Inc and its supplier's treatment is required, Flexfire LEDs, Inc may terminate your application license at the third party's request.
9.5 When the application license terminates, you shall stop using the licensed software and destroy all copies.
9.6 You must bear all compensation responsibilities if Flexfire LEDs, Inc 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 national/international business practices and/or industrial practices shall be made.
10.2 Disputes arising from or in connection with the Agreement may be settled by you and Flexfire LEDs, Inc through friendly negotiation or submitted to the appropriate state or federal court located in Orange County, California and each party irrevocably submits to the jurisdiction and venue of the agreed upon court.
10.3 When any term of the Agreement is judged to be invalid by the People's Court, it will not influence the effectiveness of other terms or any part thereof, and you and Flexfire LEDs, Inc shall perform the valid terms in good faith.
10.4 The Agreement is signed by Flexfire LEDs, Inc.