User Agreement
(Including: Software License
Agreement Service Agreement)
[Important Notice]
Life advises you read
and understand Software License and Service Agreement(the “Agreement” ). Please
carefully read and fully understand the content of each term, in particular the
terms with respect to exemption or limitation of liability in bold form and choose
to accept them or not (people who are under age should read this Agreement with
their legal guardians). Your downloading, installation, use, acquisition and
login of your account shall be deemed that you have read and agreed to be bound
by the Agreement.
Life reserves the right to modify the terms of this Agreement. Any
updates on this Agreement shall be displayed on official site, App store or the
software and take effect on the published day forthwith. After modifying the
terms of this agreement, if you do not accept the modified terms, please
immediately stop using the "Life" software and services provided by Life;
users who continue to use the "Life" software and services will be
deemed to accept the revised terms of this agreement .
1.1. This agreement is
reached between you (referred as "User" hereafter) , Life and its
cooperation partners (referred as “Partners” hereafter) regarding the user's
download, installation and use of Life software "Life" (referred to
as "Software" hereafter) and its related services.
1.2. The Software and service
are provided by Life. The Software can be installed and used in any, including
but not limited to, mobile smart end device to synchronize data collected by Life
and trace your workout.
1.3. Life reserves ownership
and franchise of the Software and services.
2.1. Life grants you a
personal, non-transferable and non-exclusive license to use the Software, yet
you shall grant no third party such rights.
2.2. You may install, use,
display and run the Software for a non-commercial purpose on a single terminal
device. You shall not copy or modify any data in the Software, sent by the
Software to other end device or transferred between client device and server.
You shall not use the Software through any plug-ins or to create any forms of
derived tools (including but not limited to plug-ins). You are not allowed to
access the Software and related systems through any unauthorized
tools/services. You need to require Life’s written authorization letter and
permit prior to any sale, copy or distribution (like pre-installation or bundle
sale) of the Software.
2.3. You shall not install
the Software in other end devices not permitted by Life, including but not
limited to Set-Top Box, Gaming Console, TV or DVD Player prior to Life’s
permit.
2.4. You may make a copy of
the Software for using the Software and Services, and shall only use the copy
as a backup. The copy must contain all the copyright information contained in
the original Software.
2.5. Other rights not
stipulated in this Agreement shall be reserved by Life. You shall not use such
rights until granted by Life in written form.
3.1. You shall download and
install this Software on sites appointed by Life, otherwise your account data
may be damaged or stole by malicious software. If you access any software or
program sharing same names with this Software from other third party not
authorized by Life, Life cannot guarantee such software or program functions
and Life assumes no accountability for any damages caused by such software and
program.
3.2. You need to choose the
version matching their installed terminal devices, otherwise you shall be
accountable for any software issues, device issues or damages.
3.3. In order to improve user
experience and service contents, Life shall reserve rights to change, modify
and update the software. Life shall also reserve the rights to charge such
change, modification and update, yet such charge shall be with special notice
to you in advance. The Software acquiesces in that you have activated “Update
Notice”. According to the Software version, Life allows you to choose turn on
or off “Update Notice”. Life does not guarantee that the old versions of the
Software continue to be available after the release of the latest version of
the Software.
4.1. You may not engage in any of the following acts in the
course of your use of the Software except as permitted by law:
4.1.1. Delete the copyright
information on the Software and its copies or other technical approaches aiming
at modifying, deleting or evading copyright of the Software.
4.1.2. Conduct reverse
engineering, reverse assembly and reverse compiling on the Software, or other
attempt to discover the source code of the Software;
4.1.3. Add, delete, change
the functions or operating effects of the Software by modifying or forging the
instructions and data of the Software, or operate or spread to the public the
software and methods used for the purposes described above, whether or not such
acts are for commercial purposes.
4.1.4. Any acts using the
Software to hazard internet safety, including but not limited to using any
unauthorized data, accessing unauthorized server/account, accessing to public
internet or other operation systems and deleting, modifying or adding data with
no authorization, seeking to spy, scan or test the Software system or internet
weakness, trying to interfere or damage operation of software system or
website, deliberately spreading malicious software or virus, forging the names
of TCP/IP packets.
4.1.5.
Login or use the Software and Services through any third-party software,
plug-in, add-on or system that are not developed or authorized by Life, or
produce, publish, disseminate the these tools;
4.1.6. Acts that operate the
Software or its data including but not limited to using, renting, lending,
copying, modifying, linking, reproducing, compiling, releasing, publishing or
establishing a mirror site or developing any derivative works, services or
plug-ins that are compatible or linkable to the Software with no Life’s written
permit.
4.1.7. Acts that use the
Software to publish, transfer or spread any contents that violate national law,
endanger national security, undermine national unity, social stability or
public order, or disseminate obscenity, pornography or violence.
4.1.8. Acts that use the
Software to publish, transfer, spread or store contents that infringe
legitimate rights of others, including the right of reputation, intellectual
property right and trade secrets.
4.1.9. Acts that use the
software to publish, transfer or spread advertising or harassment emails.
4.1.10. In any illegal ways
or ways not permitted by this Agreement or for any illegal purposes, use the
Software and Services provided by Life.
4.2. Data Release
Specification
4.2.1. You may release any
data, like views, words, user name, picture, photo, personal information,
audio, video or links through the Software. You shall guarantee that you have
been granted to use such data or own IPR for such data, and cause no
infringement to legal rights of any third party.
4.2.2. When using the
Software, you shall comply with corresponding laws and regulations.
4.2.2.1 Release, transfer,
spread or store contents infringing legitimate rights of others including right
of reputation, right of portrait, intellectual property right and trade
secrets;
4.2.2.2 Fabricate facts or
conceal the truth to mislead or deceive others;
4.2.2.3 Publish, transfer or
spread advertising or harassment emails;
4.2.2.4 Conduct any acts that
violate laws, regulation, public order or social morality.
4.2.3. Carry out any business acts like
advertising and marketing with no Life’s approval.
4.3. You understand and
agree:
4.3.1. Life shall be entitled
to judge if you violate the specifications above said. Life shall be entitled
to suspend or terminate your use license for the Software or implement other
limits upon confirmation of such violation.
4.3.2. Life may delete any
data infringing other people’s legal rights or breaching this Agreement.
4.3.3. If you breach the
above specifications causing any damages to third party, you shall be fully
accountable for such damages alone. Life shall be free from any indemnity or
accountability incurred from such damages.
4.3.4. If Life suffers any
damages, claims, administrative punishment, other cost (including
proper lawyer’s fee, fee of investigation and evidence taking) caused by your
illegal acts or breach to this Agreement, you shall indemnify Life.
5.1.1. Your information: we
may collect and use your account, avatar, nickname, sex, time zone, language,
region and other information to create your account.
5.1.2. Your personal physical
data: once open Life, we need you to provide birthday, height, weight, sex to
calculate your workout results.
5.1.3. Records of the device:
when you use Life, we will record your personal data including but not limited
to activity, sleeping, heart rate.
5.1.4. Call/message: when you
use incoming call, message notice services, you will receive any incoming call
and message. If you permit to obtain caller’s information to display caller
when receiving his/her call or message, Life will not store such caller’s
information.
5.1.5. Phone information:
when you use Life, we need to confirm whether the app supports your phone.
5.1.6. Internet using data:
we may collect your internet type, signals related to Life’s specific
functions.
5.1.7. Location: when you use
programs or services based on location, we may collect your location
information. For example, when you use the app tracing your running,
advertising based on location, weather report or map, your location will be
sent back to Life to provide precise contents.
5.1.8. Log information: when
you visit the server of Life, it will record data including but not limited to
IP address, browser, source page, operation system, time line and clickstream
data.
5.1.9. Device information:
when you connect Life to hardware device, non-personal data including but not
limited to unique identifier，hardware version and location of the device will be updated to the
server. Such non-personal data may be used to update system or software, or set
the device to factory.
5.1.10. Debugging
information: if you choose to upload debugging information to assist us in
analyzing question, such information will be sent to our server.
5.2. We collect, use and
protect your data in accordance with the "Life Privacy Policy".
6.1. This Software will use
the processor, bandwidth and other resources of your terminal device in order
to provide you with effective services. The costs of data traffic may incur
during use of the Software, and the user shall acquire relevant fee information
from the operator on its own and bear relevant costs. If you need any telecom
value-added service, please check the cost with the operator.
6.2. Life and Partner shall
take no accountability for any damages caused by third party (like network
failure, technical issue, network or mobile device failure, system failure and
other irresistible factors).
6.3. You understand and agree
that the Software, like most Internet software, may be affected by a variety of
factors including but not limited to users’ reasons, network service quality
and social environment, or may be interfered by various security issues,
including but not limited to illegal use of user information by others to
conduct harassment in real life, and that other software downloaded and
installed and sites visited by the user may contain viruses, Trojans or other
malicious programs, which may endanger the security of information and data in
your terminal device and then affect the normal use of the Software. Therefore,
you should strengthen the awareness of information security and protection of
personal information, and pay attention to password protection, to avoid any
loss.
6.4. When the user uses this
Software or requires Life to provide any specific service, this Software may
support the user’s use or access by invoking a third-party system or through a
third party. The third party provides the results of use or access. Life does
not guarantee the security, accuracy, effectiveness and other uncertain risks
of the services and contents provided by such third parties. Any dispute or
damage caused therefrom, Life will not assume any responsibility.
6.5 Please note that Life
shall be entitled to change or pause the Service seeking to develop or reform
its business. In such case Life may not notice you and shall assume no
accountability for any results caused by such case.
6.6. Otherwise required by
laws, Life will make its reasonable commercial efforts to maintain your data
stored in the Software and Services safe, but Life cannot warrant that your
data is absolutely safe based on existing technology limitations.
6.7. You shall assume
accountability for any profit loss, data loss, operation breakdown or business
damage caused by the following cases:
1. use or can not use authorized
software;
2. with no authorization,
third party use this Software or modify your data;
3. Any cost or damage when
using this Software;
4. Misunderstanding this
Software;
5. Other damages related to
this Software not caused by Life.
6.8. Any person using this
Software to damage your physical body or property shall assume all
responsibilities accordingly.
7.1. Life is the intellectual
property holder of this Software. Copyright, trademarks, patents, trade secrets
and other intellectual property rights related to the Software, as well as all
information related to the Software (including but not limited to text, images,
audio, video, graphics, interface design, configuration, data or electronic
files) are protected by the laws of the People's Republic of China and
corresponding international agreements. Life owns the above intellectual
property rights.
7.2 You may not or permit any
third party to implement, use, or transfer any of the above intellectual property
rights for any commercial or non-commercial purpose without the prior written
consent of Life. Life reserves the right to pursue legal liability.
8.1. Life reserves the right
to modify the terms of this Agreement when necessary. You can check the terms
of the Agreement in the latest version of this Software. If you continue to use
the Software upon any change to the terms of this Agreement, you shall be deemed
to have accepted the amended Agreement. If you do not accept the modified
Agreement, you should stop using the Software.
8.2. Life and Partners
reserve the right to modify any charging service, charging standards, charging
mode or service terms at any time. Once Life starts to provide service, Life
may charge current or future fee from you. If you refuse to be charged, you
will not be provided any related services. Life and Partners will spare no
effort to notify users of any corrections or amendments via email or other
means.
9.1. The validity of this
agreement and its interpretation shall be governed by the laws of the Mainland
of the People's Republic of China. If there are no relevant governing laws, you
can refer to International Measures in Trade and/or General Measures in Trade.
9.2. This Agreement is signed
in Longhua District, Shenzhen City.
9.3. If any dispute arises
between User and Life, the dispute shall be first resolved by negotiation; when
the negotiation fails, either side agrees to submit the dispute to the people's
court with jurisdiction at the signing place of this Agreement.
10.1. For any specific
services in this Software or featuring independent agreement and related trade
terms (referred as Independent Agreement), please read and agree Independent
Agreement prior to enjoy such services.
10.2. This Agreement shall
take effect on September 2021.
10.3. The headings of all the
terms of this Agreement are for convenience only and do not have any actual
meaning. They shall not be taken as a basis for the interpretation of the
meaning of this Agreement.
10.4. Where any provision of
this Agreement becomes invalid or unenforceable for whatever reason, the
remaining terms shall remain in force and binding on both parties.
Customer Service
Phone:1（855） 997 4505 (US) 9:00 am to 5:00 pm PST
Customer Service
Email: support@soundpeatsaudio.com