KingMa User Agreement
1. The date updated：
June 10, 2021
2. Foreword ：
(I) [Careful Reading] Before you click and agree to this Agreement, you must carefully read and fully understand the contents of each clause, in particular the clauses of exempting or limiting liability, the applicable law, and the dispute resolution. The clauses of exempting or limiting liability are underlined in bold and you should read them with emphasis. If you have any questions about this agreement, you may consult the customer service of KingMa.
(II) [Signing Process] When you complete the operation according to the prompts on the page, it means that you have fully read, understood and accepted all contents of this Agreement. In the course of reading the Agreement, if you do not agree with this Agreement or any of its provisions, you should immediately stop the signing process.
3. About us
The "KingMa" application and related technologies and functions (collectively referred to as “the Service") are operated by Shenzhen Kingma Technology Co., Ltd. The terms "You" and "User" in this Agreement (as defined below) mean any individual who uses and/or accesses the Service.
4. The purpose of the Agreement
This User Agreement, Statement and Clauses, and other policies and information published or provided by the Service (collectively referred to as "the Agreement") are the clauses and conditions of which we provide the Service to you for use and access. Through this Agreement, you will learn about KingMa, the way KingMa provides the Service to you, KingMa's expectations of users of the Service, the permitted and prohibited activities of the Service, and services related to the Service, measures to address problems, and other important information.
5. Acceptance of the Agreement
Please read this Agreement carefully. If you access or use the Service, you will be deemed to have entered into a legally binding agreement with KingMa and agreed to accept this Agreement. If you violate this Agreement, KingMa shall have the right to unilaterally limit, suspend or terminate the service provided to you at any time based on your violation and hold you liable for such violation. If you do not accept and do not agree to this Agreement, please do not access or use the Service. If you have any questions about other policies and information published or provided under the Agreement or the Service, please contact us at the contact information below.
This Agreement is jointly signed by you and Shenzhen Kingma Technology Co., Ltd. (hereinafter referred to as "KingMa"). Including but not limited to KingMa Privacy Policy and other content. KingMa hereby reminds you that this Agreement may be changed from time to time as the product develops. If there is any change, the announcement will be published in a prominent place of the product or the related page and the user will be informed. If you do not agree to the changes, you have the right to withdraw from the program at any time, and your failure to voluntarily withdraw will be deemed to have accepted the changes. If you continue to use it, you will be deemed to have no objection to the revised rules and agree to abide by them.
6. Qualification for use
You must be at least 18 years of age to access and use the Service. If you are under the age of 18 and need to use the Service, your legal guardian must read this Agreement with you and obtain their consent. At the same time, we recommend that your legal guardian supervise and guide your use of the App.
You shall comply with the applicable laws and regulations of the jurisdiction in which you reside and in which you access or use the Service.
7. The service
This service is the intelligent device management service provided by KingMa for you. You can realize the linkage with KingMa products by controlling the intelligent terminal equipment. The service content includes intelligent device control, device management, scene linkage, etc. These functional services may be optimized or modified according to the change of user needs or the unilateral judgment of the service provider, or the service may be temporarily suspended due to regular or irregular maintenance.
8.The third party
8.1 You have been informed that some of KingMa's services may be used based on software or services provided by third parties. The services are set up to provide convenience to you and are legally authorized by such third parties.
8.2 This product contains some information and services of third parties. KingMa does not control and is not responsible for the information and services of third parties.
8.3 You understand that KingMa cannot guarantee that the Licensed Software will be used permanently or include the Services, or that it will continue to use other software provided by the same third party, or that it may use similar services provided by other third parties in the future, and that this provision will apply to such software or services once they are enabled.
9.Use rules
9.1 You shall use the Service in a standard manner unless expressly provided in this Agreement or permitted by applicable laws, you agree and promise not to do any of the following activities:
1) Publish or share computer viruses, worms, malicious codes, software that intentionally damages or alters computer systems or data;
2) Collect information or data of other users without authorization, such as email address, etc.;
3) Maliciously using the product in an automated manner, causing excessive burden to servers or in other ways to interfere with or damage the website servers and network links;
4) Attempt to access the server data or communication data of the Product without authorization; 5) Interfering or destroying the use of other users of the product.
9.2 You understand and agree that:
1) KingMa will determine whether you are suspected of violating the above usage specifications, and will suspend or terminate the use license or take other restrictive measures according to the results of the determination.
2) KingMa will directly delete any information posted by you when using the Licensed Software that is suspected of breaking the law or infringing the legal rights of others or violating the Agreement.
3) If your violation of the above usage specifications causes damage to any third party, you shall bear the legal liability independently in your name and ensure that KingMa is free from any loss or additional expenses arising therefrom, otherwise, KingMa has the right to recover from you. 4) If you violate relevant laws or provisions of this Agreement and cause any loss to KingMa, you shall indemnify KingMa for the loss and/or expenses incurred therefrom.
10.Information content rules
You undertake and agree to access and use the Services lawfully and ethically in accordance with this Agreement. You understand and agree that you may not use the Service to transmit any information of the following nature, or otherwise participate in any activity of the following nature:
10.1 Upload, transmit or share any of the following information:
1) Opposing the fundamental principles outlined in the Constitution;
2) Endangering national security, divulging state secrets, subverting state power, or undermining national unity;
3) Injuries to national honor and interests;
4) Inspire ethnic hatred, ethnic discrimination or destroy national unity;
5)Undermine national religious policies and propagate cults and feudal superstitions;
6) Spreading rumors, disturbing social order, and destroying social stability;
7) Spreading obscenity, pornography, gambling, violence, murder, terror, or abetting crimes;
8) Insulting or slandering others or infringing on the legal rights of others;
9) Contains false, fraudulent, harmful, coercive, invasion of others' privacy, harassment, infringement, slander, vulgar, obscene, or other morally objectionable content;
10) Contains other contents that are restricted or prohibited by applicable laws, regulations, rules, regulations, and any regulations with legal force.
11. Privacy Policy and Data
Protecting your personal information is important to KingMa. We have formulated the KingMa Application Privacy Policy, which makes important disclosure of your information collection, use, sharing, storage, protection, and other aspects of the related content. It is recommended that you read the KingMa Application Privacy Policy in its entirety.
12.Disclaimer
12.1 Except as expressly provided by laws and regulations, KingMa will use its best efforts to ensure that the Licensed Software and the technology and information involved are safe, effective, accurate, and reliable. However, due to the limitations of the existing technology, KingMa cannot guarantee this.
12.2 You understand that KingMa is not liable for any direct or indirect loss caused by force majeure or any third party.
12.3 You shall be responsible for any personal injury or incidental or indirect damages caused by or in connection with any of the following circumstances:
1) unauthorized use of the licensed software by a third party or alteration of your data;
2) Costs and losses arising from acts performed using the Licensed Software;
3) Your misunderstanding of the Licensed Software;
4) Other losses related to the Licensed Software not caused by KingMa.
12.4 Any software derived from any display licensed software that is not developed and officially published with the authorization of KingMa or KingMa is illegal. Downloading, installation and use of such software may cause unpredictable risks. The legal liability and disputes arising from this display are not related to KingMa. KingMa reserves the right to suspend and terminate the License and/or all other Services.
12.5 You have been informed that the use of KingMa Platform involves Internet services and may be affected by unstable factors in various links. Although KingMa has taken security measures, this service could still have inherent defects of the Internet and electronic communication and any party cannot reasonably control the time of this agreement (including not limited to, fire, flood, terrorist attacks, plague, natural disasters, riots, terminal virus, hacker attacks, network fault, terminal malfunction) and suspension, interruption, delay, use restricted or use unable. You hereby expressly assume the above risks and agree that KingMa shall not be liable to you if the normal operation of the Service is affected by the actual occurrence of such risk events.
13.Termination of Agreement and Liability for Breach of Contract
13.1 You shall understand that using the KingMa Service requires you to use the Licensed Software within the scope of authorization, respect the intellectual property rights of the Software and the contents contained in the Software, use the Software in accordance with the specifications, and perform obligations as agreed herein. If you materially violate this Agreement, KingMa will terminate the license.
13.2 Your use of the Software depends on the supporting services provided by KingMa's affiliates. If you violate the terms, agreements, rules, notices and other relevant provisions with KingMa and its affiliates, you may not be able to use the licensed software normally, and KingMa has the right to terminate the license. Or restrict your license and other rights under KingMa's control, including suspending or terminating your license, in any manner agreed herein.
13.3 In the event that you breach this Agreement or any other agreement entered into with KingMa, KingMa may notify its affiliates to take restrictions on your rights and interests, including requiring affiliates to suspend or terminate the provision of some or all of the services to you and publicize your breach on the websites operated or controlled by KingMa in accordance with the law.
13.4The licensed software is downloaded and obtained by you from the download platform. You need to abide by the Agreement of the download platform, system platform, and terminal manufacturer on the way and limitation of your use of the licensed software. If the third party mentioned above confirms that you violate the agreement and KingMa needs to deal with it, KingMa may terminate your use license at the request of the third party.
13.5 Upon termination of this License, you shall stop using the licensed software and destroy all copies.
13.6 If you violate the provisions of this Agreement and cause losses to KingMa or other users, you must be fully liable for compensation.
14. Governing law and severability
14.1 The validity, interpretation, modification, execution, and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China. In the absence of relevant laws, reference shall be made to generally international business practices and/or industrial practices.
14.2 Both parties agree that the signing place of this Agreement is BaoAn District, Shenzhen City, Guangdong Province. Any dispute arising from the performance of this Agreement shall be settled through negotiation. If no agreement can be reached through negotiation, both parties shall and can only resort to the people's court having jurisdiction in the place where the agreement is signed to settle the dispute through litigation.
14.3 If any provision of this Agreement is held to be invalid by a competent people's court, it shall not affect the validity of any other provision or any part thereof, and you and KingMa shall perform it in good faith.