Aqara Forum Terms of Service

[Lumi United Technology Co., Ltd.] and its affiliates Include but not limited to [Shenzhen Aqara Software Service Co. , Ltd.](hereinafter referred to as "Lumi Company ", “we”, “us” or “our”) hereby reminds the user to carefully read and fully understand the Terms of Service Agreement (this “Agreement”). The user shall carefully read and fully understand the terms of this A greement, in particular those relating to the exemption or limitation of Lumi Company 's liability, dispute resolution and applicable laws. Your attention is drawn to the terms relating to the exemption or limitation of liability, which has been marked in bold. Please read carefully and choose to accept or not accept this A greement (a minor should be accompanied by his/her legal guardian while reading this A greement). By downloading, installing and using the Aqara Home App (hereinafter referred to as the “App” ), as well as obtaining and logging in your account, or using smart devices provided by Lumi Company, lo ggin g in to the website provided by Lumi Company , you agree to accept this A greement and to be fully bound by its terms.

Lumi Company reserves the right to amend this Agreement. Updated terms of this Agreement will be published on the official website or software, and become effective from the date of publication. The user can re-download and install the software or view the latest version of the terms of this Agreement on our website. After Lumi Company has amended the terms of this Agreement, if you do not accept the amended terms, please immediately discontinue using the software and services provided by Lumi Company; the user’s continued use of the software and services provided by Lumi Company will be deemed acceptance of the amended terms of this Agreement.

The following terms and conditions govern all use of the Aqara Forum website and all content, services and products available at or through the website, including, but not limited to, Aqara Forum Forum Software, Aqara Forum Support Forums and the Aqara Forum Hosting service (“Hosting”), (taken together, the website). The website is owned and operated by Aqara Forum. The website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Aqara Forum’s Privacy Policy and procedures that may be published from time to time on this site by Aqara Forum (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by Aqara Forum, acceptance is expressly limited to these terms. The website is available only to individuals who are at least 13 years old.

Your Aqara Forum Account

If you create an account on the website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify Aqara Forum of any unauthorized uses of your account or any other breaches of security. Aqara Forum will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors

If you post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;

your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;

your content is not named in a manner that misleads your readers into thinking that you are another person or company; and

you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Aqara Forum or otherwise.

3. User Content License

User contributions are licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Without limiting any of those representations or warranties, Aqara Forum has the right (though not the obligation) to, in Aqara Forum’s sole discretion (i) refuse or remove any content that, in Aqara Forum’s reasonable opinion, violates any Aqara Forum policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website to any individual or entity for any reason, in Aqara Forum’s sole discretion. Aqara Forum will have no obligation to provide a refund of any amounts previously paid.

4. Payment

Currently, access to the Aqara Community Forum and its basic features is provided free of charge. In the future, certain services, such as product pre-orders, premium features, or software upgrade services, may require payment. All applicable fees will be clearly disclosed before you complete any purchase. You agree to provide accurate and complete payment information and authorize us to charge the applicable fees to your selected payment method. All payments are final and non-refundable unless otherwise stated in the applicable terms or required by law.

5. Services

Hosting, Support Services

Optional Hosting and Support services may be provided by Aqara Forum under the terms and conditions for each such service. By signing up for a Hosting/Support or Support services account, you agree to abide by such terms and conditions.

6. Responsibility of Website Visitors

Aqara Forum has not reviewed, and cannot review, all of the material, including computer software posted to the website, and cannot therefore be responsible for that material’s content, use or effects. By operating the website, Aqara Forum does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Aqara Forum disclaims any responsibility for any harm resulting from the use by visitors of the website, or from any downloading by those visitors of content there posted.

7. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Aqara Forum links, and that link to Aqara Forum. Aqara Forum does not have any control over those non-Aqara Forum websites and webpages, and is not responsible for their contents or their use. By linking to a non-Aqara Forum website or webpage, Aqara Forum does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Aqara Forum disclaims any responsibility for any harm resulting from your use of non-Aqara Forum websites and webpages.

8. Copyright Infringement and DMCA Policy

As Aqara Forum asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Aqara Forum violates your copyright, and if this website resides in the USA, you are encouraged to notify Aqara Forum in accordance with Aqara Forum’s Digital Millennium Copyright Act (“DMCA”) Policy. Aqara Forum will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Aqara Forum will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Aqara Forum or others. In the case of such termination, Aqara Forum will have no obligation to provide a refund of any amounts previously paid to Aqara Forum.

9. Intellectual Property

This Agreement does not transfer from Aqara Forum to you any Aqara Forum or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Aqara Forum. Aqara Forum, the Aqara Forum logo, and all other trademarks, service marks, graphics and logos used in connection with Aqara Forum, or the website are trademarks or registered trademarks of Aqara Forum or Aqara Forum’s licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any Aqara Forum or third-party trademarks.

10. Advertisements

Aqara Forum reserves the right to display advertisements on your content unless you have purchased an Ad-free upgrade or a services account.

11. Attribution

Aqara Forum reserves the right to display attribution links such as ‘Powered by Aqara Forum,’ theme author, and font attribution in your content footer or toolbar. Footer credits and the Aqara Forum toolbar may not be removed regardless of upgrades purchased.

12. Changes

Aqara Forum reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this Agreement constitutes acceptance of those changes. Aqara Forum may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

13. Termination

Aqara Forum may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Aqara Forum account (if you have one), you may simply discontinue using the website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. Disclaimer of Warranties

The Website is provided “as is”. Aqara Forum and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Aqara Forum nor its suppliers and licensors, makes any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. You understand and agree that you download from, or otherwise obtain content or services through the website at your own discretion and risk.

15. Limitation of Liability

In no event will Aqara Forum, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Aqara Forum under this agreement during the twelve (12) month period prior to the cause of action. Aqara Forum shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

16. General Representation and Warranty

You represent and warrant that (i) your use of the website will be in strict accordance with the Aqara Forum Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the website will not infringe or misappropriate the intellectual property rights of any third party.

17. Indemnification

You agree to indemnify and hold harmless Aqara Forum, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the website, including but not limited to your violation of this Agreement.

18. Dispute Resolution

Lumi United Technology Co., Ltd. reserves the right to interpret the terms of this agreement.

The conclusion, validity, interpretation, performance, modification and termination of this agreement, access and use of this service, as well as the settlement of disputes, shall be governed by the laws of the People’s Republic of China.

This agreement is signed in Shenzhen, China. Any disputes or controversies arising from this agreement shall first be resolved through friendly consultation among the parties to the agreement. If the negotiation fails, all parties hereby fully agree to submit the dispute or controversy to the People’s Court of Nanshan District, Shenzhen City for litigation settlement. In the event of any dispute arising from access to and use of this service or any dispute being litigated, except for the matter in dispute, each party shall continue to exercise its other rights and fulfill its other obligations.

1 9 . Miscellaneous

By making suggestions (or “feedback”) to Lumi Company, you are deemed to have transferred all rights to “Feedback” to Lumi and agreed that Lumi has the right to use this feedback and related information in any reasonable manner. We will regard such feedback information as non-confidential and non-proprietary. You have agreed that you will not provide Lumi with any information that you consider confidential and proprietary.

You must provide a valid email address or mobile phone number that you have frequently used recently. Lumi shall not be held responsible for any risks arising from the unavailability of the email address or mobile phone number you provide or our inability to deliver notifications to you for any reason. The announcements and notices published on this website and the emails or text messages sent to you containing such notices undoubtedly constitute valid notices.

Without the prior written consent of Lumi Company you may not transfer the rights and obligations stipulated in this agreement. Any transfer that violates this agreement shall be invalid.

All the headings in this agreement are for the convenience of reading only and there are no legal or contractual obligations.

Contact Information

Room 801-806, Jinqi Zhigu Building, No. 1 Tangling Road, Liuxian Avenue, Taoyuan Sub-district, Nanshan District, Shenzhen City

Postal Code: 518000

Telephone: 0755-86591090

Fax: (86 755) 86635125

For the terms in this agreement that are prominently marked in bold, bold, underlined, italic, etc., users are requested to read them carefully.

By checking “Agree and abide by the User Agreement” on the registration and login page, you are deemed to have fully accepted this agreement. Before checking, please confirm again that you are aware of and fully understand all the contents of this agreement.