Service Agreement of OCTO APP
Welcome to OCTO APP
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 OCTO. 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, OCTO 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 system developed by OCTO, downloaded from the platform, and installed and applied in specified system mobile terminals.
1.2 Services refer to services provided for you OCTO. You can use such services on the mobile terminal with the licensed software.
2.1 OCTO offers you intelligent life equipment management services, based on which you can access to the intelligent terminal on OCTO Cloud Platform through the OCTO 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 OCTO grants you with 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. 3.2 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.
3.3 You 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 OCTO shall be obtained.
3.4 OCTO 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.
3.5 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 and loss of such information.
3.6 You 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 OCTO in time, and OCTO 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 Party
4.1 You acknowledge that certain service of OCTO 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.
4.2 The product includes certain information and services of the third party. OCTO neither controls nor bears responsibility for information and services of the third party.
4.3 You acknowledge that OCTO 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 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;
2) Collect information or data of other users without authorization, for example, email address and the like;
3) Maliciously use the product in an automatic way, causing over load to the server, or interfere with or damage web server and network links in other forms.
4) Attempt to visit server data or communication data of the product without authorization;
5) Interfere with or damage the production application by other users.
5.2 You understand and agree that:
1) OCTO 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.
2) OCTO 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 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 OCTO from losses or additional expenses generated therefrom. Otherwise, OCTO has the right to claim compensation.
4) If OCTO suffers from any loss due to your breach of relevant laws or the Agreement, you shall compensate OCTO 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 act and behavior include (but not limited to):
6.1.1 Uploading, transferring or sharing information containing one of the following contents:
1) Opposing the basic principles determined in the Constitution;
2) Endangering state safety, disclosing state secret, subverting state power and sabotaging state unity;
3) Damaging state honor and benefit;
4) Inciting national hatred and discrimination and sabotaging national unity;
5) Destroying religious policy of the state and advocating heresy and feudalistic superstition;
6) Spreading rumors, disturbing social order and destroying social stability;
7) Spreading obscenity, porn, gambling , violence , murder and terror or abetting a crime;
8) Insulting or slandering others and infringing on the legal rights and interests of others;
9) Containing contents of sham, defraudation, harm, threat, infringement to others’ privacy, harassment, infringement, slander, coarseness, indecency, or morally repulsive contents;
10) Containing other contents restricted or forbidden by applicable laws, regulations, rules, provisions and other legal standards.
VII. Private Policy and Data
VIII. Exception Clauses
8.1 Unless otherwise specified in laws and regulations, OCTO will do its best to ensure the security, validity, accuracy and reliability of the licensed software and technologies and information involved, but OCTO is unable to guarantee the same due to restriction by available technologies nowadays.
8.2 You understand that OCTO 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 OCTO.
8.4 Any other licensed software-derived software not developed and released by OCTO or the development and release are not granted by OCTO is illegal software. Downloading, installing and using such software may cause unpredictable risks. OCTO shall be free from legal responsibilities and disputes generated therein and OCTO 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 OCTO Smart Platform involves in Internet service, which may be affected by unstable factors in all links. Although OCTO 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 OCTO 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 authorization scope, respect intellectual property of software and contents contained in the software, and perform obligations according to the Agreement when using OCTO’s services. OCTO 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 OCTO’s related companies. Breach of terms, agreements, rules, annunciation and other relevant regulations of OCTO and its related companies may cause failure in normal usage of licensed software, in which case, OCTO shall be entitled to terminate the application license, or take measures to restrain your application license or other rights and interests controlled by OCTO 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 OCTO, OCTO 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.
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 OCTO’s treatment is required, OCTO 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 OCTO 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 People’s Republic of China. 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 OCTO through friendly negotiation or submitted to People’s Court of Shenzhen LongGang District where the Agreement is signed for adjudication.
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 OCTO shall perform the valid terms in good faith.
10.4 The Agreement is signed in LongGang District, ShenZhen, China
5.1.您应该规范使用许可软件，以下方式是违反使用规范的： 1）发布或分享电脑病毒、蠕虫、恶意代码、故意破坏或改变计算机系统或数据的软件； 2）未授权的情況下，收集其他用户的信息或数据，例如电子邮箱地址等； 3）用自动化的方式恶意使用本产品，绐服务器造成过度的负担或以其他方式干扰或损害网站服务器和网络链接； 4）在未授权的情况下，尝试访问本产品的服务器数据或通信数据； 5）干扰、破坏本产品其他用户的使用。
5.2.您理解并同意： 1) OCTO会对您是否涉嫌违反上述使用规范做出认定，并根据认定结果中止、终止对您的使用许可或采取其他依约可采取的限制措施。 2) 对于您使用许可软件时发布的涉嫌违法或涉嫌侵犯他人合法权利或违反本协议的信息，OCTO会直接予以删除。 3) 对于您违反上述使用规范的行为对任意第三方造成损害的，您需要以自己的名义独立承担法律责任，并应确保OCTO免于因此产生损失或增加费用，否则OCTO有权向您追偿。 4) 如您违反有关法律或者本协议之规定，使OCTO遭受任何损失，您应当赔偿OCTO因此造成的损失及（或）发生的费用。
6.1.1.上载、传送或分享含有下列内容之一的信息： 1) 反对宪法所确定的基本原则的； 2) 危害国家安全，泄露国家秘密，颠覆国家政权，破坏国家统一的； 3) 损害国家荣誉和利益的； 4) 煽动民族仇恨、民族歧视、破坏民族团结的； 5) 破坏国家宗教政策，宣扬邪教和封建迷信的； 6) 散布谣言，扰乱社会秩序，破坏社会稳定的； 7) 散布淫秽、色情、赌博、暴力、凶杀、恐怖或者教唆犯罪的； 8) 侮辱或者诽谤他人，侵害他人合法权利的； 9) 含有虚假、诈骗、有害、胁迫、侵害他人隐私、骚扰、侵害、中伤、粗俗、猥亵、或其它道德上令人反感的内容； 10) 含有中国法律、法规、规章、条例以及任何具有法律效力之规范所限制或禁止的其它内容的。
8.3.由于您因下述任一情况所引起或与此有关的人身伤害或附带的、间接的损害赔偿需由您自行承担： 1) 第三方未经批准的使用许可软件或更改您的数据； 2) 使用许可软件进行的行为产生的费用及损失； 3) 您对许可软件的误解； 4) 非因OCTO的原因而引起的与许可软件有关的其它损失。