Service Agreement of Sunco Lighting Incorporated
Welcome to Sunco Lighting Incorporated
This service agreement (“Agreement”) shall govern your use the Services and Software (as defined herein) provided by Sunco Lighting Incorporated (“Sunco Lighting Incorporated”, “Sunco”, “We”, or “Us”).
Please read the Agreement carefully and keep a copy for your reference.
The terms “You” or “Your” refer to You, the party to this Agreement regardless of whether you are a natural person, or an entity.
Before accepting the Agreement, you are supposed to thoroughly read all contents of the Agreement, and fully know its terms, especially restrictive clauses or exceptions. Restrictive clauses or exceptions are bold or highlighted in other forms to catch your attention. In case of any doubt for the terms of the Agreement, please contact relevant business department of Sunco Lighting Incorporated. You are not allowed to use the service before you have read and accepted all terms of the Agreement, relevant agreements and rules, etc. Once you select "agree and submit the Agreement” (see registration page for detailed wordings) and complete the registration procedure, or you use the service in any form, it will be deemed that you have read and agreed with the restriction of the Agreement and rules above. In case of any breach of the Agreement, Sunco Lighting Incorporated has the right to unilaterally restrict, suspend or terminate the service for you, and has the right to investigate your relevant responsibilities.
In case of changes, Sunco Lighting Incorporated will announce by means of the licensed software sending a message without further notification. Upon announcement, the changed agreement and rules become a part to the Agreement automatically, without further notification to you for your consent. In case of objection to such relevant changes, stop using Sunco Lighting Incorporated’s service; if you keep using it, it will be deemed that you hold no objections against the changed rules and agree to abide by them.
- Definitions of Terms
1.1 Licensed software refers to software system developed by Sunco Lighting Incorporated, downloaded and installed and applied in specified system mobile terminals.
1.2 Services refer to services provided for you by Sunco Lighting Incorporated and its suppliers. You can use such services on the mobile terminal with the licensed software.
2.1 Sunco Lighting Incorporated offers you intelligent life equipment management services, based on which you can access the intelligent terminals on Sunco Lighting Incorporated and its suppliers’ smart platform through the Sunco Lighting Incorporated Control, and realize interlinkage among intelligent equipment. Service contents include intelligent equipment management, scene interlinkage and analysis report, etc. Such functions may be optimized or modified according to changes of users’ demands or judgment of service supplier, and service supply may be suspended due to regular and irregular maintenance. Nothing in this Agreement and of itself shall bind Sunco to continue to the provide the Service as its presently is. Sunco may modify the Service or change its business model anytime and at its sole discretion.
III. Scope of Service
3.1 Please enter the company name grants you with the right to use the product based on this software.
3.2 You are prohibited to license, sell, lease, transfer, issue the product in any form, or use the product for other commercial purpose.
3.3 Due to limitations on software adaptation platform and terminals, you can only use the licensed software in the authorized system platform and terminal; if you install the licensed software on other terminal equipment, it may damage your hardware or software function. To the maximum extent permitted by applicable law, we shall bear no liability for any such damage.
3.4 You acknowledge that the licensed software can only be used for non-commercial purpose and installation, application and running of the licensed software is prohibited. If such commercial operation is necessary, prior written authorization and permission from Sunco Lighting Incorporated shall be obtained.
3.5 Sunco Lighting Incorporated and its suppliers may change, upgrade or transfer the licensed software or relevant functions from time to time, and may add new functions or services in the licensed software system. If no separate agreements are accompanied with the aforesaid new functions or services, you are entitled to the corresponding functions and services, which is also subject to the Agreement.
3.6 You shall be responsible for the accuracy, reliability, integrity and legality of input data and legality of the way in which you obtain the data, and shall back up data and information from time to time. You shall bear all risks for damage and loss of such information.
3.7 You shall properly keep your account number and password. In case of any safety loophole for your account (including but not limited to divulgence of user password), you shall notify Sunco Lighting Incorporated in time, and Sunco Lighting Incorporated will assist you in taking relevant measures. Otherwise, all behaviors related to your account shall be assumed by you and you will bear all responsibilities.
- A Third Party
4.1 You acknowledge that certain service of Sunco Lighting Incorporated and its suppliers is based on software or services provided by a third party. Such service is set to facilitate your application and necessary legal authorization is obtained from the third party.
4.2 The product includes certain information and services of the third party. Sunco Lighting Incorporated and its suppliers neither controls nor bears responsibility for information and services of the third party.
4.3 You acknowledge that Sunco Lighting Incorporated and its suppliers cannot guarantee that the licensed software always uses or contains such services, or that other software provided by the same third party will be used in future. Likewise, it may use similar services supplied by another third party. Upon application, the aforesaid corresponding software or services are subject to this Agreement.
4.4 You acknowledge and agree that Sunco shall bear no liability for any changes in such third-party providers.
- Service Application Standard
5.1 You shall use the licensed software in accordance with the terms herein. The following (without limitation) are prohibited:
- systematically retrieve data or other content from the licensed software to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- make any unauthorized use of the licensed software including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- circumvent, disable, or otherwise interfere with security-related features of the licensed software, including features that prevent or restrict the use or copying of any content.
- engage in unauthorized framing of or linking to the licensed software.
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- make improper use of our support services or submit false reports of abuse or misconduct.
- interfere with, disrupt, or create an undue burden on the licensed software or the networks or services connected to the licensed software.
- attempt to impersonate another user or person
- use any information obtained from the licensed software in order to harass, abuse, or harm another person.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the licensed software
- attempt to bypass any measures of the licensed software designed to prevent or restrict access to the licensed software or any portion of the licensed software.
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the licensed software to you.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the licensed software or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the licensed software.
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the licensed software, or using or launching any unauthorized script or other software.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the licensed software.
- use the licensed software in a manner inconsistent with any applicable laws or regulations
5.2 You understand and agree that:
1) Sunco Lighting Incorporated will at its sole discretion determine whether or not you are involved in violation of standards above, and suspend or terminate your application license according to determination results or take other restrictions according to agreements.
2) Sunco Lighting Incorporated will directly delete information in breach of laws, or infringing others' legal rights, or in breach of the Agreement issued by you when using the licensed software.
3) If a third party suffers from damage due to your breach of application standards, you shall independently bear legal responsibility in your name, and protect and indemnify Sunco Lighting Incorporated from losses or additional expenses generated therefrom. Otherwise Sunco Lighting Incorporated has the right to claim compensation.
4) If Sunco Lighting Incorporated and its suppliers suffers from any loss due to your breach of relevant laws or the Agreement, you shall compensate Sunco Lighting Incorporated and its suppliers for losses and (or) expenses generated therefrom.
- Information Content Standard
6.1 You represent and warrant that you will not conduct any act in breach of laws or improper behaviors by using the service, such act and behavior include (but not limited to):
6.1.1 Uploading, transferring or sharing information containing one of the following contents:
1) Opposing the basic principles determined in the US Constitution;
2) Endangering state safety, disclosing state secret, subverting state power and sabotaging state unity;
3) Damaging state honor and benefit;
4) Inciting national hatred and discrimination and sabotaging national unity;
5) Destroying religious policy of the state and advocating heresy and feudalistic superstition;
6) Spreading rumors, disturbing social order and destroying social stability;
7) Spreading obscenity, porn, gambling, violence, murder and terror or abetting a crime;
8) Insulting or slandering others and infringing on the legal rights and interests of others;
9) Containing contents of sham, fraud harm, threat, infringement to others' privacy, harassment, infringement, slander, coarseness, indecency, or morally repulsive contents;
10) Containing other contents restricted or forbidden by applicable laws, regulations, rules, provisions and other legal standards.
VII. Private Policy and Data
VIII. Exception Clauses
8.1 Unless otherwise specified in laws and regulations, Sunco Lighting Incorporated will do its best to ensure the security, validity, accuracy and reliability of the licensed software and technologies and information involved, but Sunco Lighting Incorporated is unable to guarantee the same due to restriction by available technologies nowadays.
8.2 You understand that Sunco Lighting Incorporated will not assume responsibility for direct or indirect losses caused by force majeure and default of a third party.
8.3 You shall be responsible for personnel injury or incidental or indirectly injury caused by or related to one of the following accidents: 1) A third party uses the licensed software or changes your data without permission; 2) Expenses and losses produced by using the licensed software; 3) Your misunderstanding of the licensed software; 4) Other losses related to licensed software caused by reasons not attributable to Sunco Lighting Incorporated.
8.4 Any other licensed software-derived software not developed and released by Sunco Lighting Incorporated or the development and release are not granted by Sunco Lighting Incorporated is illegal software. Downloading, installing and using such software may cause unpredictable risks. Sunco Lighting Incorporated shall be free from legal responsibilities and disputes generated therein and Sunco Lighting Incorporated shall have the right to suspend or terminate application license and/or other all services.
8.5 You have been informed of that the usage of Sunco Lighting Incorporated and its supplier's smart platform involves in Internet service, which may be affected by unstable factors in all links. Although Sunco Lighting Incorporated has taken safeguard measures, the service may be suspended, terminated, delayed, suffered from application restriction or application failure due to inherent defects of Internet and e-communication as well as factors beyond reasonable control of any party to the Agreement (including but not limited to fire, flood, terrorist attack, pestilence, natural disasters, riot, terminal virus, hacker attack, network fault and terminal fault). You hereby agree to bear foregoing risks and agree that Sunco Lighting Incorporated is free from any responsibility when normal running of services is influenced by the occurrence of foregoing risks.
- Agreement Termination and Breach of Agreement
9.1 You should understand that you shall use the licensed software according to authorization scope, respect intellectual property of software and contents contained in the software, and perform obligations according to the Agreement when using Sunco Lighting Incorporated’s services Sunco Lighting Incorporated will terminate the application license if you are in material breach of the Agreement.
9.2 Your application of the software relies on supporting services supplied by Sunco Lighting Incorporated’s related companies. Breach of terms, agreements, rules, annunciation and other relevant regulations of Sunco Lighting Incorporated and its related companies may cause failure in normal usage of licensed software, in which case, Sunco Lighting Incorporated shall be entitled to terminate the application license, or take measures to restrain your application license or other rights and interests controlled by Sunco Lighting Incorporated as agreed in the Agreement, including suspension or termination of your application license.
9.3 In case of your breach of the Agreement or other agreements signed with Sunco Lighting Incorporated, Sunco Lighting Incorporated and its suppliers shall have the right to notify the related companies, requiring them to take restrictive measures to your rights and interests, including requiring related companies to suspend or terminate supplying part or whole services for you, and legally announce your breach of agreement on websites run or actually controlled by them.
9.4 The licensed software is downloaded from the downloading platform and you shall abide by stipulations of the download platform, system platform and terminal manufacture on application ways and restrictions of the licensed software. If the above mentioned third party confirms that you are in breach of the agreement and Sunco Lighting Incorporated and its supplier's treatment is required, Sunco Lighting Incorporated may terminate your application license at the third party's request.
9.5 When the application license terminates, you shall stop using the licensed software and destroy all copies.
9.6 You must bear all compensation responsibilities if Sunco Lighting Incorporated and other users suffer from losses caused by your breach of terms in the Agreement.
- Governing Laws and Severability
10.1 It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of California, regardless of conflicts of law principles.
10.2 If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded herein) will be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA web site www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in a location that mutually agreed by both parties and California law shall apply. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
10.3 When any term of the Agreement is judged to be invalid by such court, it will not influence the effectiveness of other terms or any part thereof, and you and Sunco Lighting Incorporated shall perform the valid terms in good faith.
10.4 The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
10.6 The parties are independent contractors of each other. Neither party to this Agreement shall have authority to bind or otherwise obligate the other party in any manner nor shall any party represent to anyone that it/she has a right to do so. The parties to this Agreement further agree that in the event that the any party suffers any loss or damage as a result of a violation of this provision the breaching party shall indemnify and hold harmless the other party from any such loss or damage.