User Agreement and Exception Clauses
Thank you for choosing the Product of Wuhan Guide Sensmart Tech Co., Ltd.. This User Agreement and Exception Clauses is the agreement to be entered by you (hereinafter referred to as “User”) and Wuhan Guide Sensmart Tech Co., Ltd. (hereinafter referred to as “Sensmart”) for the User’s registration (also namely as “account” and hereinafter referred to as “Account” collectively) prior to your use of products produced by us and for such use. This User Agreement and Exception Clauses is provided by Wuhan Guide Sensmart Tech Co., Ltd. If you have registered and used any of our goods or services, then it shall be deemed that you have agreed with and accepted the Agreement. Please note that your usage shall be subject to the provisions, services and requirements provided herein. Please read this clause carefully before using our website!
1. Important Notice
1.1 You (and in case of a minor, with the accompany of your guardian(s)) shall carefully read and fully understand each and all provisions in this User Agreement and Exception Clauses, especially the exception clauses provided for the exception or limitation of the liability of Sensmart, provisions for the limitation of User’s rights and provisions agreed for dispute settlement, jurisdiction and governing law.
1.2 You shall not be entitled to and need not to continuously accept the services provided by Sensmart and may quit from the registration unless you agree with the Agreement. If the User clicks “Agree” and uses the services provided by Sensmart continuously, it shall be deemed that he/she has agreed with the Agreement completely.
1.3 The Agreement shall be in effect upon your usage of the services of Sensmart and the registration as a user of Sensmart, and you should carefully consider whether to accept the Agreement or not. If you refuse to accept any provision of the Agreement, please quit from the registration automatically and you shall not receive any further service of Sensmart.
1.4 Upon your execution of the Agreement, it may be amended due to changes in national policies, products and the circumstance of the performance hereof, in which case, we will publish the amended agreement on this website. If you have any objection in respect of such amended agreement, please immediately cease to log in and cease the use of the products and services of Sensmart. Your logging or continuous use of products of Sensmart shall be deemed as your acceptance of the amended agreement.
1.5 This User Agreement and Exception Clauses is made in Chinese and English (or in such other languages) with the priority to Chinese version. In case of any conflict arising from the two versions, the Chinese version shall prevail.
2. “Account” and Qualification of “Membership”
2.1 Sensmart provides channels for user registration on its subordinated business platform, including but not limited to the website and APPs of Sensmart, and the User shall be entitled to, upon approving and accepting the Agreement, select an unregistered cell phone number, e-mail address or composition of letters and symbols as the account of the User and create a password meeting the security requirements. The account and the password set by the User shall be the certificate of the User to log in the products of Sensmart and to accept the services from Sensmart.
2.1.1 The User may register and join in as a member through various existing and newly added channels.
2.1.2 When joining in our membership with a specific channel, the User shall read and confirm relevant user agreement and method for join in.
2.1.3 The User shall complete and submit the registration form online and the information and personal data provided in such registration form shall be true and valid, otherwise, Sensmart shall be entitled to disapprove the application or revoke the account or membership of the User without any liability for compensation. In case of any change in personal data, the User shall timely amend his/her registration information, otherwise, liabilities for the invalid and incomplete exercise of the power as a membership arising therefrom shall be undertaken by the User and Sensmart shall therefore be entitled to revoke his/her membership without any liability for compensation.
2.1.4 Upon registration as a member, the member shall be entitled to refuse to accept the services provided by Sensmart and may apply for the cancellation of his/her membership services.
2.2 The registration of a Sensmart account by the User does not mean that he/she has been granted the authorization for all products of Sensmart but just been granted an identity to receiving Sensmart’s services, and when logging in relevant websites, loading applications or downloading and installing software, the User must execute a license agreement for individual product as required separately.
2.3 The Sensmart account shall only be used by the User him/herself on the website of Sensmart and may not be granted, lent, leased out, transferred or sold to others. If Sensmart finds or reasonably believes that the user of an account is not its original registrant, it shall be entitled to suspend or terminate the services rendered to such user without further notice and to shut down such account without any legal liability to such user, and any loss arising therefrom, including but not limited to communication outage and deletion of the user's data and information, shall be undertaken by such user.
2.4 Information shot and collected by the User with products of Sensmart may be uploaded to the cloud provided by Sensmart for storage with the consent of the User, so that he/she may check and use such information on different cell phones or mobile terminals. The User shall be responsible for keeping his/her account and password safety and in confidence and shall be solely liable for any and all activities under his/her account and password, including the amendment made to his/her user data, comments issued and all of other losses. The User shall attach great importance to protect his/her Sensmart account and password. If the User finds any unauthorized use of his/her account or any other security holes, a timely notification shall be given to Sensmart. Sensmart shall not be liable for any loss or damage as a result of the User’s breach of any rules set forth above when using services of Sensmart.
2.5 In case the account is missing or the password is lost, the User may retrieve his/her account through submitting an application timely through the application method provided by Sensmart. The User shall provide individual password protection data available to enhance the security of his/her account. The User may complete and submit the application form to apply for retrieving the account based upon original registration information and individual password protection data. The password retrieval mechanism of Sensmart may only be used to identify whether the information provided in the application form is consistent with that recorded in our system but not to identify whether the applicant is the person entitled to use such account. Sensmart shall not be liable for any loss arising from the application made by an imposter other than the User, and the User is aware that it shall be solely liable for keeping and protecting his/her account and password and Sensmart shall not be obliged to guarantee that the User could certainly retrieve the account through application in case the account is missing or the password is lost.
2.6 The User shall guarantee the authenticity of the identity information provided in the registration of Sensmart account and shall undertake the liabilities arising from the illegal, untrue or inaccurate personal data provided by him/her. The User shall update his/her registration information constantly as the case may be, in order to meet the requirement of promptness, detail, trueness and accuracy. All information entered into the system originally shall be the account registration information of the User. Sensmart shall not undertake any liability for problems arising from the false registration information provided by the User and for any consequence resulted by such problems. If the information provided by the User is inaccurate, untrue, illegal or Sensmart reasonably believes that such information is false, untrue or incomplete or there is any advertisement, improper content or irrelevant information therein, Sensmart shall be entitled to suspend or terminate the services rendered to the User, shut down such account and refuse to authorize the User to use all or any part of services of Sensmart now and in the future. Any and all losses caused therefrom shall be undertaken by the User.
3. When using services of Sensmart, the User shall comply with the Constitution of the People’s Republic of China, Criminal Law of the People’s Republic of China, General Principles of the Civil Law of the People’s Republic of China, the Contract Law of the People’s Republic of China, Copyright Law of the People’s Republic of China, Regulation of the People’s Republic of China on Telecommunications, Regulation on Internet Information Service of the People’s Republic of China, Management Provisions on Electronic Bulletin Services on Internet, Measures for Security Protection Administration of the International Networking of Computer Information Networks and relevant requirements.
3.1 The User shall not use the service products of Sensmart for any practice breaching laws and regulations and policies or infringing other’s legitimate rights and interests, which includes but not limited to:
3.1.1 Publish, transmit, disseminate or store any information opposed to the general principles identified by the Constitution, damaging national security, national unity and social stability or instigating hatred and discrimination among nationalities and sabotages solidarity among nationalities, or any insulting, defamatory, pornographic, violent or upset information, any information breaching nationals laws, regulations and policies or create any network name or role name containing above information, with the service product of Sensmart.
3.1.2 Publish, transmit, disseminate or store any information infringing others’ intellectual property, business secret, portrait right, privacy right or other legitimate rights or other offensive information morally, with the service of Sensmart.
3.1.3 Engage in any conduct which may damage the security of computer network, including but not limited to use any unauthorized data or access to any unauthorized server/account; access to public computer networks or computer system of others and delete, revise or add the information stored therein without permission; attempt to search, scan, test the weakness of the “Software” system or network without permission or have any other practices damaging the network security; attempt to intervene or damage the ordinary operation of the “Software” system or website or spread deliberately malwares or virus or have any other practice which may break or intervene the ordinary network information service; have any other illegal practice against the products provided by Sensmart, such as reverse engineering, whether individually or with other software.
3.1.4 Engage in practices such as publishing advertisements, promoting business or selling goods, or any other illegal practices which may infringe the interest of Sensmart.
3.1.5 Engage in other illegal practices which may infringe the legitimate rights and interests of other people, company, social groups or organizations, or any other practices limited or prohibited by laws, administrative regulations, rules, ordinances and any other regulations with legal force.
3.2 In any extent if Sensmart reasonably believes that any practice of the User, including but not limited to any expressions or other practice of the User, breaches or may breach any law and regulation, national policy or any provision herein, Sensmart shall be entitled to cease to provide services to the User at any time without any prior notice.
4. Statement of Sensmart
4.1 The User shall note that, in his/her using of services of Sensmart, he/she may suffer risks arising from threatening, scandalous, offensive or illegal content or conduct of others, or the anonymous or spoofed information infringing the rights (including intellectual property) of others, the User shall assume such risks at his/her own, and Sensmart makes no guarantee for its services (whether expressive or implied), including any and all implied guarantees and conditions made or provided in respect of the authenticity, appropriateness of the information, fitness for certain purpose, ownership or non-infringement, and therefore shall not undertake any liability against the direct, indirect, occasional, special and subsequent damage arising from the improper or illegal use of the services by the User.
4.2 When using services of Sensmart, the User shall comply with relevant national laws and policies and the Agreement, safeguard national interests and protect national security; the User shall be solely liable for all consequences arising from his/her illegal activities or practices breaching the Agreement (including but not limited to the expressions published or transmitted by him/her).
4.3 It is the voluntary action of the User to use Sensmart products to shoot and collect information. Sensmart shall not be liable for the object from which such information is shot or collected, the validity and authenticity of such information and its purpose and shall bear no legal liability therefore.
4.4 The products and services provided by Sensmart are within the scope of Internet product, which may be disturbed by various types of security issues, including but not limited to:
1) Illegally use personal data by criminals, resulting a harassment in real life;
2) Obtain password through cheating or decoding;
3) The security of information and data on cell phones or mobile terminals and finally the use of the service is threatened due to virus program in other software downloaded and installed;
4) Other similar security issues.
In any above cases, the User shall undertake the liabilities arising therefrom at his/her own.
4.5 The User shall understand that, based on the requirement of its overall operation, Sensmart shall be entitled to, upon an announcement is made, amend, suspend, discontinue or terminate its services without prior notice to the User and shall neither be liable for the User or any third party nor undertake any liability for damage.
4.6 The User shall understand that, risks such as government regulation, policy constraint, virus invasion, hacker attack, system crash of sever and other insoluble risks at present may be brought by the instability of internet technology. The service of Sensmart may be interrupted or the account information may be lost due to such reasons, and the User shall solely be liable for losses incurred as a result of such non-human factors.
5. Intellectual Property
5.1 The intellectual property in and to the websites, APPs, software and other products and services operated by Sensmart shall be attributed to Sensmart and protected by laws of China.
5.2 The User shall not carry out reverse engineering, disassembly or de-compilation against the website, APPs, software and other products involved in services provided by Sensmart.
5.3 The User may only use the intellectual property of Sensmart within the scope authorized by the User Agreement and relevant License Agreement, and any unauthorized use shall be deemed as an infringement to Sensmart.
5.4 For words, pictures, videos, software and performances published and uploaded by the User through products and services provided by Sensmart, the publish and upload made by the User shall be deemed as an authorization granted to the service platform of Sensmart and such authorization shall be a non-exclusive, permanent and transferrable authorization. Sensmart may use the above information on any and all service platforms of Sensmart and may re-edit such information and the Sensmart may authorize its partners to use such information.
5.5 The User shall guarantee that the words, pictures, videos, software, performances and other information uploaded by the User through products and services provided by Sensmart will not infringe any third party’s intellectual property, including but not limited to trademark right and copyright. Otherwise, Sensmart shall be entitled to delete such infringing products without any liability to the User. The User shall be liable for make a response to the claim for rights brought by the third party and assume all costs and expenses therefrom, including but not limited to tort compensation, attorneys’ fees and other reasonable costs and expenses, and shall hold Sensmart harmless from the loss arising from such claim.
5.6 If any entity or individual believes that content in the services provided by Sensmart is suspected to infringe its intellectual property or the right of broadcasting information by network, it shall timely notify and complain to Sensmart in writing and provide identity information, ownership certificate and detailed proof for such infringement. Upon receiving such legal documents, Sensmart shall shut down relevant links and content. The complaint channel of Sensmart is http://www.guideir.cn/service/index/mid/19.html#after1; if no valid and effect evidence is provided to Sensmart in such complaint, then Sensmart shall be entitled to not take any countermeasure.
6. Privacy Protection
6.1 The User shall note that, various types of property account, bank cards, credit cards, disbursement accounts of third parties and relevant password and other material information and data shall not be disclosed when using services of Sensmart, otherwise, he/she shall solely be liable for the losses therefrom.
6.2 The account and password of the User are confidential information and Sensmart will endeavor to take positive steps to protect the safety of such account and password.
6.3 In consideration of the openness of Internet and the rapid update of technologies, Sensmart shall not be liable for any leakage of the User’s information resulted by factors beyond the reasonable control of Sensmart.
6.4 The User shall not publish or upload any information which, in the opinion of the User, is private when using services of Sensmart, and shall not transmit such information to others through such services. The User shall be solely liable for the privacy leakage caused by his/her own practices.
In order to show you or recommend a higher degree of relevance, so as to provide you with more suitable customized services, the App will access to your MAC information in the background/quiesce state.
6.6 Platform Security
In order to protect your personal and property safety in the use of MobIR services, better prevent property risk and personal safety risk in job-hunting fraud, and more accurately identify violations of laws and regulations and MobIR-related agreements and rules, MobIR will record, integrate and use your common equipment information (including ANDROID_ID, OAID, MAC) and network identification information.
6.7 Collect information through the third party's software development kits (SDKs)
For technical needs, MobIR needs to use the third party's SDK technology when providing some functions and/or services to developers and recruiting users. MobIR will explicitly inform you of the use of your following information by the platform or the SDKs below, and will only obtain such information upon your authorization. Neither MobIR nor the third party will collect or use such information without your authorization, nor will they repeatedly pop up the window to obtain your authorization. More detailed information and processing rules related to personal information processing or platform functions involved in authorization scenarios are supplemented by this Policy. These SDKs currently include:
6.7.1 Push notifications
Corresponding function or service: push system notifications or important messages to users.Third party that provides SDK technology: Alibaba Cloud Push.Need to obtain your information or permission: operating system version, device model, local device information, UUID, IP address, application list, MAC address, AAID (anonymous device identification of the App), network information status.
6.7.2 Face recognition
Corresponding function or service: realize the function of action interaction and photo collection, verify the identity of users, determine the authenticity of operations, and identify frauds and cheating.Third party providing SDK technology: Tencent face recognition SDK.Need to obtain your information or permission: permission to access to phone status, read files in external storage, write in external storage, and access to camera.
6.8 Instructions for obtaining MobIR APP permissions
You may need to enable the following permissions before you use some of the functions and/or services of MobIR. You have the right to enable or disable these permissions at your own discretion. Enabling these permissions means that you authorize MobIR to collect and use these information to realize the related functions. If you do not use these functions and/or services, you can choose not to enable them or choose to disable them. MobIR will not collect such information, and the disabling will not affect your use of basic business functions. More detailed information and processing rules related to personal information processing or platform functions involved in authorization scenarios are supplemented by this Policy.
6.8.1 Use the camera
Enable the camera permission to provide you with functions of face recognition, photographing and image uploading (such as head portrait, corporate logo, feedback, etc.).
6.8.2 Read-write storage
Enable the read-write storage permission to facilitate storage of pictures, upload to personal homepages, upload videos, download files, and update applications.
6.9 Exceptions where authorization is not required
The platform is not required to obtain your authorization to collect and use personal information that is:
1 Related to the platform's fulfillment of obligations stipulated by laws and regulations;
2 Directly related to national security and national defense security;
3 Directly related to public safety, public health, and major public interests;
4 Directly related to criminal investigation, prosecution, trial and execution of judgments;
5 Collected and used to protect your or other individuals' life, property and other major legal rights and interests, but it is difficult to obtain your authorization;
6 Disclosed to the public by yourself;
7 Necessary to sign and perform the contract according to your requirements;
8 Collected from legally publicly disclosed information, such as legal news reports, government information disclosure and other channels;
9 Necessary to maintain the safe and stable operation of the provided products or services, such as discovering and disposing of product or service failures;
10 Other circumstances stipulated by law.
Wuhan Guide Sensmart Tech Co., Ltd.