1.1 The Lumi AIOT Open Platform User Agreement (hereinafter referred to as the Agreement) is an agreement concluded between you (or called the user, referring to the individuals or enterprises involving registration, login, use or browsing of the Service) and Lumi United Technology Co., Ltd (hereinafter referred to as Lumi) in terms of the open services provided by the AIOT open platform website (https://opencloud.aqara.cn/, the Website or the Platform for short).
1.2 Before you use the related services (hereinafter referred to as the Service or the Service of the Platform), please be sure that you have carefully read and fully understood each term in the Agreement, including the exception terms which the responsibilities of Lumi are exempted or limited and the right restriction terms related to the users. Please read prudently and choose to accept or not accept the Agreement (juveniles shall read with being accompanied by the legal guardian). If the user clicks Agree the Agreement, it is deemed that the user has confirmed that he has owned the corresponding right ability and the behavior ability of enjoying the Website and can bear legal liabilities independently. Your registration, login and use will be deemed as that you have accepted the Agreement and agreed to accept the restrictions of all terms of the Agreement.
1.3 If you have accepted the Agreement, it means that you voluntarily accept the restriction of all the terms. Due to national law changes and operation demands of the Website, the Agreement can be updated by Lumi at any time and the terms updated will replace the original terms of agreement once being announced without notice. Users can view the terms of the latest agreement on the Website. After related terms of the Agreement are modified by Lumi, if users cannot accept the terms modified, please stop using the service provided by Lumi immediately. If users keep using the service provided by Lumi, it will be deemed that the user has accepted the agreement modified.
2.1.1 You don't need to browse the Website with an account, but you need to register an account on the Website to enjoy the open services provided by the Website. If you want to use the open services provided by the Website, you shall register an account and provide relater individual or enterprise information on the registration page. Once the account is registered successfully, it cannot be transferred, endowed or inherited.
2.1.2 You shall take all the responsibilities for the truth, legality and effectiveness of the registration information; You shall not pretend to be others or publish any information on behalf of others; You shall not use the registered account malevolently to result in misunderstanding of other users; Otherwise, we are entitled to stop providing services and you shall take all the legal liabilities accordingly.
2.1.3 The account registered by you is the evidence that you have logged in and use the open platform. You shall take proper confidential measures for the account and the password. All the losses and consequences caused by loss or disclosure of the above-mentioned account or password due to your improper confidential measures or your other behaviors shall be borne by yourself.
2.1.4 If you find that your account or password is used by others who pretend to be you or is stolen, or any other situations without your legal authorization, you should notice Lumi in effective modes immediately (including but not limited to providing your ID information and related ID data and actual situations, etc.). After receiving your effective request and verifying your ID, Lumi will take corresponding measures according to different situations. If the information provided by you is not complete and, as a result, Lumi fails to verify your ID and Lumi fails to handle with the problem timely, you should bear the losses accordingly by yourself. Meanwhile, Lumi needs reasonable time limit to take measures for your request. Before you inform Lumi and Lumi takes measures according to your effective notice, losses caused by others will not be borne by Lumi.
2.2.1 The application created by you, related services provided and related information and contents published by you shall not violate related laws, legal regulations and policies, the Agreement, related agreements or rules and shall not violate legal rights of any other persons;
2.2.2 You shall be independently responsible for the contents (including but not limited to the words, messages left, messages, etc.) generated due to use of the application service through your account and guarantee that these contents shall not violate any related laws, legal regulations or policies. Otherwise, you shall delete these contents or cut off the connection timely or take other effective measures;
2.2.3 In terms of application design, you shall attach importance to the user experience, respect the right to know and the selection right of users. In terms of application service, you shall adhere to the integrity principle, shall not mislead, cheat or confuse users, you shall respect the privacy of users, shall not harass users or make junk information.
2.2.4 You shall not use the Service to participate in any activities that violate the laws and regulations, including but not limited to the following ones:
(1) The behavior of opposing to the cardinal principles specified in the Constitution;
(2) The behavior of damaging national security, disclosing nation secret, subverting national power and destroying national unity;
(3) The behavior of damaging national reputation and interest;
(4) The behavior of inciting the ethnic hatred and ethnic discrimination and undermines the national unity;
(5) The behavior of damaging national religious policy, propagating heresy and feudal superstition;
(6) The behavior of spreading rumors, disturbing social order and destroying social stability;
(7) The behavior of spreading obscenity, pornography, gambling, violence, murder, terrorism or abetting the crime;
(8) The behavior of insulting or slandering others, infringing the legal interest of others;
(9) The behavior of infringing others' intellectual property rights, commercial secrets or other legal rights;
(10) The behavior of maliciously making up facts and concealing the truth to mislead and deceive others;
(11) Release, transfer and communicate advertising information and junk information;
(12) Other acts that are prohibited in laws and regulations.
The website reserves the right to delete information in the website failing to conform to laws and policies or which are untrue in the case of no notice sent. If users fail to abide by the above-mentioned provisions, the Website is entitled to make a judgment independently and take related measures such as suspending or closing down the account. The user shall take legal responsibility for his/her speech and behavior on the internet.
3.1 Lumi is the legal right owner of the platform and the service provided on the platform and completeness and integrity of intellectual property rights of other related contents. You shall fully understand and agree that you are only entitled to legally use the services provided by the platform according to the Agreement. All the copyrights, trademark rights, patent rights, commercial secrets and other intellectual property rights shall be protected by the laws and regulations of the People's Republic of China and related international treaties. Lumi enjoys the above-mentioned intellectual property rights.
3.2 Without written consent of Lumi or related right owners, you shall not by yourself or promise any third parties to carry out, use or transfer the above-mentioned intellectual property rights for any commercial or non-commercial purposes.
3.3 Information published on the AIOT open platform Website or the interactive platform shall not infringe the intellectual property rights of any third parties. Without written consent of related right owners, users shall not upload, publish, modify, transmit or copy any materials, trademark under copyright protection of exclusive information of others. After receiving proper notice sent by any copyright owners or his legal representatives, we will remove such contents which infringe the copyright of others upon investigation.
3.4 Lumi's signs, products and service names on the platform shall be the trademark of Lumi. Without written consent of Lumi in advance, you shall not display or use or handle the signs of Lumi in any modes. Any units or individuals shall not use, copy, modify, transmit, transcribe or sell with other products any parts of the trademark in any modes or with any reasons.
3.5 You are only entitled to use related SDK or API according to the Agreement. Corresponding copyright, patent right and related rights about SDK or API on the open platform shall belong to Lumi. Without written consent of Lumi, you shall not use legally or violating the Agreement, sell, transfer or authorize the code, SDK or API of Lumi to any units or individuals.
3.6 You shall ensure the truth, accuracy, integrity and safety of related operation during the process of invoking SDK or API without any fraud contents; Contents published on the application program shall not infringe the legal rights of any third parties, including but not limited to the copyright, trademark right and the patent right; Shall not violate any laws, regulations, rules or provisions. Any legal liabilities caused by any third parties' use of your application shall be borne by yourself individually and shall have nothing to do with Lumi.
3.7 Lumi will not be responsible for the situation where you accept the compensation of any direct, indirect, attached or corresponding third-party compensation claim and lawsuit fee due to any use or misuse of SDK or API. You shall bear all the risks of installation and use of API or SDK.
4.1 The platform operation data refer to all the or any data due to your use of the Platform or your product developed based on the Service of the Platform, including but not limited to the data submitted by you to the Platform, data generated due to your use or operation and various interactive data. The ownership of the "platform operation data" and any other related rights shall belong to Lumi and shall be the commercial secret of Lumi, unless it is explicitly stipulated by related laws and regulations that they belong to your related legal rights.
4.2 User data: The data related to the user and generated during the application development process on the open platform, including but not limited to data obtained by the sensing equipment and the data generated due to the user's operation. The ownership of the "user data" and other related rights shall belong to Lumi and the commercial secrets of Lumi, excluding related rights which belong to users. As for collection, storage and use of the user data, your application or services shall meet the following requirements:
(1) If collection of user data is needed in your application or services, you shall receive consent of the user in advance and shall only collect the user data for the purpose of application program operation and function realization. Besides, you shall inform the user of the aim, scope and use mode of data collection to guarantee the users' right to know;
(2) You shall collect the user data with reasonable and safe technical measures to ensure its safety and you shall take all the responsibilities for the consequences caused by your behavior (including but not limited to that you install software individually, take encryption measures or other safety measures, etc.);
(3) The user data collected by you shall be applied to this specific application program, shall not be used for other purposes or other application programs other than the specific application program or provided for others in any modes;
(4) You shall provide users with modes of modifying and deleting user data to ensure that date deletion can be finished by themselves when necessary and that related data can be deleted completely;
(5) Without consent of Lumi, you shall not collect, store, select, obtain or require users to provide data (including but not limited to the information contents, user data of the Platform) for which Lumi thinks that they are sensitive information by virtue of the Service and shall not provide the above-mentioned data legally obtained for users or clients to create, supplement or maintain individual relationship chain;
(6) Without consent of Lumi, you shall not use the data obtained from the Service to carry out or carry out in disguised forms any modes of promotion, marketing or advertising behaviors;
(7) If Lumi thinks that the data collection or use modes of developers may damage the user's experience, so Lumi is entitled to require you to delete related data and shall not collect or use the user data in such mode;
(8) Lumi is entitled to restrict or stop you obtaining the user data or the open platform data;
(9) Once you stop using the open platform or Lumi stops you using the Service for any reasons, you shall immediately delete all the data obtained from the open platform (including backups) and shall not use these data in any modes again.
5.1 To protect the safety of user's information is a basic principle of Lumi. Without your consent, Lumi will not disclose your information to any companies, organizations or individuals, excluding the following situations:
(1) It can be provided according to the Agreement or other related agreements or rules;
(2) It can be provided according to laws and regulations;
(3) It can be provided according to requirements of the administrative, judicial and other government departments;
(4) It can be provided if you agree that Lumi can provide data for a third party;
(5) It is needed to be provided for solving report event or filing a lawsuit;
(6) It shall be provided to take reasonable behaviors to prevent severe illegal behaviors or suspected crimes.
5.2 On condition that the privacy of a single user is not disclosed, Lumi shall be entitled to analyze the whole user database and utilize it for commercial purpose.
6.1 To provide you with a perfect platform support, Lumi is entitled to maintain and update the AIOT open platform regularly or irregularly which may result in that you may not access to or log in the Website temporarily. We will announce the maintenance / update time on the Website in advance. Please arrange your business timely. Lumi will not take any responsibilities for the losses caused by your improper handling.
6.2 If Lumi finds or receives reports or complaints that you have violated the Agreement, Lumi is entitled to take measures including but not limited to suspend or terminate the Service and claim your legal liabilities according to your behavior nature.
6.3 You fully understand and agree that the Lumi shall have the right to punish the behaviors of violation of the relevant laws and regulations or the provisions of this agreement according to the reasonable judgment, take appropriate legal action to any users' violation behaviors, and keep relevant information and report to the relevant departments according to the laws and regulations etc. The user shall bear all legal responsibility alone caused by this.
6.4 You admit that your violation to laws, regulations or the Agreement will result in irretrievable damages whose degree will be difficult to determine. You have fully understood and agree that if any or all compensation claim, request, losses, responsibilities or expenses are caused due to damages occurred to Lumi, other users or any third parties for your violation to laws, regulations or the Agreement, you shall individually take all the corresponding consequences and losses, including but not limited to the fines, damages, litigation fee, attorney fee, etc. and Lumi will not take any responsibilities.
6.5 AIOT open platform and the services provided on the platform are provided in accordance with the achievable status of the current technology and conditions. Lumi will try our best to provide you with the platform support to ensure the consistency and safety of the operation of the platform; But Lumi will not ensure that the platform provided by Lumi is without any flaws and will not predict or keep away from any legal risks, technical risks or other risks at any time, including but not limited to service interruption, data loss and other losses and risks caused by force majeure, viruses, trojans, hacker attacks, system instability, flaws of third-party service and the government behaviors. So, you agree that, if the open platform of Lumi has flaws and such flaws cannot be prevented by the current industrial technical level, it will not be deemed as that Lumi has violated the Agreement and Lumi will not be responsible for losses such as data or information loss accordingly.
6.6 You have understood and agreed that Lumi would be not responsible for platform or service operation interruption or blocking due to the following situations:
(1) If force majeure occurs, including but not limited to natural disasters such as flood, earthquake and storm and social events such as war, unrest and government behavior, etc.;
(2) Damages of Hacker attacks, computer viruses, trojans and other malicious programs;
(3) Improper user's operation;
(4) Network provider lines or other reasons from a third party;
(5) Temporary shutdown due to government regulation;
(6) Other situations which are not caused by mistakes of Lumi.
6.7 AIOT open platform only supports Lumi Aqara products and does not support MIJIA products. With the written consent of Lumi, you can use the Lumi sign to carry out advertisement. If XiaoMi signs are needed to carry out advertisement, please abide by the articles of XiaoMi. You shall individually be responsible for all the losses and consequences caused by your arbitrary use of the XiaoMi signs for advertisement without the consent of XiaoMi and Lumi will not take any responsibilities.
7.1.1 The Agreement is allowed to be altered. If there is any substantial alteration of the Agreement, we will inform you by publishing the announcement on the Website. After the alteration announcement is published, if you continue to use the service provided by the Website, it will be deemed that you have known the alteration and agree to accept the restriction of the articles.
7.2.1 The Agreement takes into effect since the date when you accept it and will be valid during the process when you use the services provided by the Website until it is terminated according to the Agreement;
7.2.2 If the Agreement is terminated for any reasons, Lumi may reserve or delete all the data in your account or any information such as data stored on the Lumi server by virtue of access to the platform, including any data that you have not finished before termination of the Agreement.
7.2.3 If the Agreement is terminated for any reasons, you shall individually handle backup of the information such as data and related matters between you and your users properly. You shall be responsible for any losses of Lumi accordingly.
7.2.4 After termination of the Agreement, Lumi still can claim your responsibility of violating laws, regulations or the Agreement according to related laws, regulations and the Agreement. Articles about privacy, intellectual property rights, liability exemption, law applicability and dispute resolution shall be valid all the time.
8.1 Lumi United Technology Co., Ltd reserves the interpretation right for articles of the Agreement.
8.2 Conclusion, validness, interpretation, performance, modification and termination of the Agreement and access and use of the Service will be governed under the laws of mainland of the People's Republic of China. Any disputes shall be solved according to the laws of mainland of the People's Republic of China.
8.3 The Agreement is concluded in Shenzhen of China. Any disputes or controversies caused by the Agreement shall be solved by parties through friendly negotiation. If negotiation fails, parties hereby totally agree to submit the disputes or controversies to the People's Court of Nanshan District of Shenzhen for solving by litigation. If any disputes occur due to access to and use of the service or any disputes are under lawsuit, except for the matters with disputes, parties shall continue to perform other individual rights and fulfill other individual obligations.
9.1 Your suggestions or feedback about Lumi will be deemed as that you transfer all the rights of feedback to Lumi and agree that Lumi is entitled to use such feedback and related information in any reasonable modes. We will deem such feedback as non-confidential and non-exclusive; You agree that you will not provide Lumi with any information which is deemed as being confidential and exclusive by you.
9.2 You shall provide us with the valid e-mail address or the mobile number which are frequently used by you recently. Lumi will not be responsible for risks happen to you because that we fail to send the announcement to you since that the e-mail address or the mobile number provided by you cannot be used or for other reasons. Announcements published on the Website and the e-mail or message including such announcements sent to you will definitely be the valid announcement.
9.3 Without written consent of Lumi in advance, you shall not transfer the rights or obligations stipulated in the Agreement. Any transfer which violates the Agreement will be deemed as being invalid.
9.4 All the titles in the Agreement are for convenient reading without any legal or contract obligations.
Address: 8th Floor, JinQi Wisdom Valley, No.1 Tangling Road, Liuxian Ave, Taoyuan Residential District, Nanshan District, Shenzhen.
Fax: (86 755) 86635125
9.6 The user shall emphatically read clauses obviously marked based on boldface, overstriking, underline, italic, etc. in the agreement.
9.7 It will be deemed as that you have totally accepted the Agreement if you "check the agree and abide by the" User Agreement on the registration and login page. Please confirm again that you have known and totally understood all the contents of the Agreement before checking.
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