WINDHORSE asks users to read carefully and fully understand the software license and service agreement (this "Agreement").
Users should carefully read and fully understand the terms of this agreement, especially the terms related to immunity or limited liability, dispute resolution and applicable laws. PLEASE READ CAREFULLY THE TERMS OF EXCLUSION OR LIMITATION OF LIABILITY SET IN BOLD. Please read carefully and choose to accept or not to accept this agreement (minors should be accompanied by their legal guardians when reading this agreement). By downloading, installing and using the software, as well as accessing and logging into your account, you agree to accept this agreement and be bound by its terms.
WINDHORSE reserves the right to modify this Agreement. If the terms of this agreement are updated, they will be announced on the official website, app store or software, and will take effect from the date of publication. Users can re-download and install the software in major app stores, or view the latest version of this agreement. After WINDHORSE revises the terms of this agreement, if you do not accept the revised terms, please immediately stop using the App software and services provided by WINDHORSE; users continue to use the App software and services provided by WINDHORSE will be deemed to accept the amendments to this agreement terms.
1. General terms
1.1. This agreement is between you (hereinafter referred to as "user") and WINDHORSE and its operating partners (hereinafter referred to as "partners") regarding the user's download, installation and use of "WINDHORSE" software (hereinafter referred to as "software") ) and the agreement to use WINDHORSE related services.
1.2. The software and services are provided by WINDHORSE and installed and used on (including but not limited to) mobile smart terminal devices to synchronize data collected by WINDHORSE products and track exercise information.
1.3 The ownership and management rights of software and services shall belong to WINDHORSE.
2. Scope of Software License
2.1. WINDHORSE grants the user a personal, non-transferable and non-exclusive license to use the software, but the user has no right to sublicense the license.
2.2. Users can install, use, display and execute the software on a single mobile terminal device for non-commercial purposes. However, users may not install, use or execute the software for commercial purposes. Users shall not copy, change or modify any data of the software, or any data sent to the memory of any terminal device when the software is executed, as well as the interactive data generated between the client and the server during the execution of the software, or use plug-ins to execute the software, or use any Create any derivative works (including but not limited to plug-ins), or access software and related systems through unauthorized third-party tools/services. If you need to sell, copy or distribute software for commercial purposes, such as software pre-installation and bundled sales, you must obtain written authorization and permission from WINDHORSE.
2.3. Without the permission of WINDHORSE, the user shall not install the software on other terminal devices not expressly approved by WINDHORSE, including but not limited to set-top boxes, game consoles, TVs, DVD players, etc.
2.4. Users may store copies of the software in order to use the software and services, but only for backup purposes. The backup copy must contain all copyright data of the original software.
2.5. Unless expressly authorized by this agreement, WINDHORSE does not grant other rights to users. If the user intends to use any other rights, the written consent of WINDHORSE shall be obtained in advance.
3. Software acquisition, installation and upgrade
3.1. Users should download and install the software from the website designated by WINDHORSE or in the manner designated by it. Please be careful not to download software from non-designated websites to prevent mobile devices from being infected with malicious software that may destroy user data and obtain user private data. If you obtain software or an installation program with the same name as the software from a third party not authorized by WINDHORSE, WINDHORSE cannot guarantee that it can be used normally, and WINDHORSE shall not be liable for any losses caused by you.
3.2. The user must select the software version that matches the installed terminal device. Otherwise, any software problems, device problems or damage caused by the discrepancy between the software version and the device model shall be borne by the user.
3.3. In order to improve user experience and optimize service content, WINDHORSE reserves the right to provide replacement, modification and upgrade versions of the software, and reserves the right to charge for replacement, modification or upgrade, but such charges will obtain your prior consent. By default, the software enables the "Upgrade Prompt" function for users. According to the software version used by the user, WINDHORSE allows the user to decide whether to enable the above functions. After the new version of the software is released, WINDHORSE does not guarantee that the old version of the software can still be used.
4. Specifications for use
4.1. Users must abide by this agreement and laws when using software and services. Users shall not engage in the following acts:
4.1.1. Delete any copyright information of the software and other copies, or modify, delete or circumvent the technical measures adopted by the software to protect intellectual property rights;
4.1.2. Perform reverse engineering on the software, such as cracking, decompiling or making other attempts to obtain the source code of the software;
4.1.3. Add, delete or change the function or execution effect of the software by modifying or forging instructions and data during the execution of the software, or operate the software in other ways for the above purposes or disseminate relevant methods to the public, whether for commercial purposes or not ;
4.1.4. Use the software to engage in any behavior harmful to network security, including but not limited to: use of unauthorized data or access to unauthorized servers/accounts; unauthorized access to public networks or other operating systems, and Delete, modify or add any stored data; attempt to detect, scan or test the weaknesses of software systems or networks or conduct other acts that undermine network security without authorization; attempt to interfere with or destroy the normal operation of software systems or websites, and intentionally spread Malware or viruses, or other behaviors that destroy or interfere with normal network information services; forge the name or part of the name of a TCP/IP data packet;
4.1.5. Users log in or use software and services through third-party compatible software or systems that are not developed, authorized or approved by WINDHORSE, or produce, publish or disseminate the above tools;
4.1.6. Without the written permission of WINDHORSE, the user performs any operation on the software or the data contained in it, including but not limited to use, lease, lend, copy, modify, establish a link, reproduce, edit, publish, publish, create Mirroring points or unauthorized use of software to develop derivative products, works, services, plug-ins, compatibilities or interconnections;
4.1.7. Use software to publish, transmit, disseminate or store content that violates national laws, endangers national security, national unity, social stability or public order, or any inappropriate, insulting, obscene or violent content, or violates national laws and regulations Content;
4.1.8. Use software to publish, transmit, disseminate or store content that infringes the legal rights of others such as intellectual property rights and commercial secrets;
4.1.9. Use software to publish, transmit or disseminate advertising data or spam in batches;
4.1.10. Use the software and other services provided by WINDHORSE in any illegal way, for any illegal purpose or in any way inconsistent with the licensed use method under this Agreement;
4.2. Data Release Specifications
4.2.1. You can use the software to publish data created by you or you have the right to publish, such as opinions, data, text, data, user names, pictures, photos, personal information, audio or video files, links, etc. You must ensure that you have intellectual property rights or have obtained legal authorization for the uploaded data, and that your use of software and services will not infringe the legal rights or interests of any third party.
4.2.2. When using the software, you must abide by the requirements of the "seven bottom lines", namely laws and regulations, socialist system, national interests, legal rights and interests of citizens, social public order, morality and authenticity of information.
4.2.3. You shall not use the software for the following activities, including but not limited to:
4.2.3.1. Produce, reproduce, publish, disseminate or store any of the following content that violates national laws and regulations:
(1) Anything that violates the basic principles established by the Constitution;
(2) Any content that endangers national security, leaks state secrets, subverts state power, or undermines national unity;
(3) Any content that damages the honor and interests of the country;
(4) Any content that incites ethnic hatred, ethnic discrimination, or undermines ethnic unity;
(5) Any content that undermines the national religious policy and promotes cults or feudal superstitions;
(6) Any content that spreads rumors, disrupts social order, or undermines social stability;
(7) Dissemination of any content that is obscene, pornographic, gambling, violent, murderous, horrifying, or abets crimes;
(8) Any content that insults or slanders others, or infringes on the legal rights and interests of others;
(9) Any content that incites illegal assembly, association, procession, demonstration or gathering to disrupt social order;
(10) Any content about activities in the name of illegal non-governmental organizations;
(11) Contain any other content prohibited by laws and administrative regulations.
4.2.3.2. Publish, transmit, disseminate or store content that infringes on others’ legal rights such as reputation rights, portrait rights, intellectual property rights, and commercial secrets;
4.2.3.3. Fabricating facts or concealing the truth in order to mislead or deceive others;
4.2.3.4. Publish, transmit or disseminate advertising data or spam;
4.2.3.5. Engage in other acts that violate laws and regulations, policies, public order, social morality, etc.
4.2.4. Without the permission of WINDHORSE, you are not allowed to conduct any commercial activities in the software, such as advertising and selling goods.
4.3 You understand and agree that:
4.3.1. WINDHORSE will judge whether the user is suspected of violating the above usage specifications, and suspend or terminate the license granted to you according to the judgment result, or take other restrictive measures in accordance with this agreement;
4.3.2. WINDHORSE will directly delete any data released by the user when using the licensed software that is suspected of being illegal or infringing the legal rights of others or violating this agreement;
4.3.3. If you violate the above rules of use and cause damage to a third party, you must bear the responsibility independently in your own name and protect WINDHORSE from any resulting losses or expenses;
4.3.4. The user shall be responsible for any and all losses, third-party claims, administrative penalties, damages and/or expenses (including reasonable attorney fees, investigation and evidence collection) incurred or suffered by WINDHORSE due to its violation of relevant laws or this agreement. Fees) to indemnify and hold WINDHORSE harmless.
5. Privacy policy and personal data protection
5.1. Protecting your personal information is very important to us. We will collect, use and protect your data in accordance with our privacy policy. You can view the relevant information in the privacy policy.
6. Service risks and disclaimer:
6.1. Users must purchase devices required for Internet access, and use telecommunications value-added services through mobile terminal devices, and bear the communication fees incurred by personal mobile terminal devices connected to the Internet or charged by third parties (including but not limited to telecommunications and mobile communication operators) , data charges and related expenses. If you need any telecommunication value-added services, it is recommended that you confirm the cost with the telecommunication value-added service operator.
6.2. Neither WINDHORSE nor its partners shall be liable for any losses suffered by users due to third-party reasons (such as communication network failures, technical problems, network or mobile terminal device failures, system failures and other force majeure factors).
6.3. This software, like most other Internet software, may be affected by some factors, including but not limited to user reasons, network service quality, social environment differences, etc., and may also be troubled by various security issues, such as others The use of user data causes nuisance to real life; other software downloaded or installed by users, or other websites browsed by users contain "Trojan horse programs" and other viruses, which endanger the data and data security of user terminal devices, thereby affecting the security of the software. Normal use. Users should strengthen awareness of information security and user data protection, and pay attention to strengthening password protection to avoid loss and nuisance.
6.4. When the user uses the software, or requires WINDHORSE to provide specific services, the software may call a third-party system or software to support the user's use or access. Results of use or access will be provided by third parties. WINDHORSE does not guarantee the safety, accuracy and validity of the results obtained by supporting the system or software, nor does it guarantee any other uncertain risks; WINDHORSE will not be responsible for any disputes or losses arising therefrom.
6.5. WINDHORSE pays special attention to customers. In order to protect the company's business development and adjustment autonomy, WINDHORSE has the right to change or suspend services at any time without notice and does not need to bear any responsibility to users or any third party.
6.6. Except as clearly stipulated by laws and regulations, we will try our best to ensure that the software and related technologies and information are safe, effective, accurate and reliable; based on existing technical limitations, users understand that WINDHORSE cannot guarantee.
6.7. For loss of profit, loss of data, business interruption or other commercial damage caused by or related to the following reasons, the user shall be solely responsible for personal injury, accident or consequential loss. Relevant circumstances include but are not limited to:
(1) Use or failure to use the Licensed Software;
(2) Unauthorized use of the software by a third party, or modification of user data;
(3) Expenses and losses incurred by the user during the use of the software;
(4) The user misunderstands the software;
(5) Other losses related to the software not caused by WINDHORSE.
6.8. If any personal injury or death or property damage is caused by the actions taken by the user or other software users through any software, or because the user is misled or defrauded, the party at fault shall bear all the responsibilities arising therefrom.
7. Intellectual Property Statement
7.1. WINDHORSE is the intellectual property holder of this software. All intellectual property rights related to the software, such as copyrights, trademarks, patents, and commercial secrets, 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 etc.) are protected by the laws of the People's Republic of China and corresponding international agreements. WINDHORSE owns the above intellectual property rights.
7.2. Without the prior written consent of WINDHORSE, the user shall not independently or allow any third party to use or transfer any of the above intellectual property rights for any commercial or non-commercial purpose. WINDHORSE reserves the right to pursue legal responsibility for such actions.
8. Revision
8.1. WINDHORSE reserves the right to revise the terms of this agreement at its sole discretion from time to time, and any such revised terms will be announced on the relevant webpage in a timely manner. If you do not agree to any revision, you should take the initiative to cancel the relevant services. If you continue to use the service, you will be deemed to accept the revised agreement.
8.2. WINDHORSE or its partners reserve the right to modify or change the paid services, charging standards, charging models, service fees or service terms at their sole discretion from time to time. WINDHORSE may begin to charge users certain current or future fees when providing services. If the user refuses to pay such fees, he will not be able to continue to use the relevant services after the billing starts. WINDHORSE and its partners will do their best to notify users of any corrections or adjustments by email or other means.
9. Applicable Law and Dispute Resolution
9.1. The validity and interpretation of this Agreement shall be governed by the laws of the Mainland of the People's Republic of China. In the absence of relevant legal provisions, reference may be made to international commercial measures and/or general commercial measures.
9.2. This agreement is signed in Futian District, Shenzhen.
9.3. Both the user and WINDHORSE agree that all disputes arising from the service should first be resolved through negotiation between the two parties. If the dispute cannot be resolved through negotiation, either party may appeal to the court with jurisdiction in the place where this agreement is signed.
10. Other Matters
10.1. For any specific service of the software, there may be independent agreements and related commercial terms (hereinafter collectively referred to as "independent agreements"), so please read and agree to the relevant independent agreements before using these specific services.
10.2. This Agreement shall come into force on May 1, 2022.
10.3. The titles of all clauses in this Agreement are provided for convenience of reference only and shall be ignored when interpreting this Agreement.
10.4. If any provision of this Agreement is invalid or becomes invalid or unenforceable for any reason, the other provisions of this Agreement shall remain in full force and shall be binding on both parties to this Agreement.