Software License and Service Agreement

[Important Notes]

[Girafit, Inc](hereinafter referred to as "Girafit") hereby reminds users to read and fully understand this Software License and Service Agreement (hereinafter referred to as "this Agreement"). Users should read and fully understand the terms and conditions of this Agreement, especially the terms and conditions that exclude or limit the liability of Girafit, dispute resolution, and application of the law. The clauses that exclude or limit liability will be marked in bold and you should read them with emphasis. Please read carefully and choose to accept or not to accept this Agreement (minors should be accompanied by a legal guardian to read this Agreement). Your download, installation, use of the Software and account acquisition and login will be deemed to be acceptance of this Agreement and you agree to be bound by the terms of this Agreement.

Girafit has the right to amend this agreement, and the updated terms and conditions will be published on the official website or software, effective from the date of publication. Users can download and install the software again or check the latest version of the terms and conditions of the agreement on the website. If users do not accept the revised terms and conditions after Girafit has revised this agreement, please stop using the "Girafit" software and services provided by Girafit immediately, and users who continue to use the "Girafit" software and services provided by Girafit will be deemed to have accepted the revised agreement. Users who continue to use Girafit software and services provided by Girafit will be deemed to have accepted the revised agreement.

1. General Provisions

1.1. This Agreement is an agreement between you (hereinafter referred to as "User") and Girafit and its operating partners (hereinafter referred to as "Partners") regarding the download, installation, and use of Girafit's "Girafit" software (hereinafter referred to as "Software") and the use of Girafit's related services. "(hereinafter referred to as "the Software") and the use of Girafit's related services.

1.2. The Software and Services are software and services provided by Girafit that are installed on mobile smart terminals, including but not limited to, and provide services such as binding and operating smart products for users using such smart terminals.

1.3. The ownership and operation rights of the Software and the Services are owned by Girafit.

2. Software Licensing

2.1. Girafit grants the User a personal, non-transferable, non-sublicensable, and non-exclusive license to the Software.

2.2. The User may install, use, display, and run the Software on a single mobile terminal device for non-commercial purposes. However, the User shall not install, use or run the Software for commercial operation purposes, and shall not copy, change, modify, hook up or create any derivative works of the Software or the data released into the memory of any terminal device during the operation of the Software and the interaction data between the client and the server during the operation of the Software, including but not limited to the use of plug-ins, plug-ins or non-authorized third party tools/services to access the Software and related systems. The software and related systems may be accessed through plug-ins, plug-ins, or unauthorized third-party tools/services. Any commercial sale, reproduction, and distribution, such as pre-installation and bundling of the software, must be authorized and licensed in writing by Girafit.

2.3. Users shall not install the Software on other terminal devices without the express permission of Girafit, including but not limited to set-top boxes, game consoles, TV sets, DVD players, etc.

2.4. The User may make one copy of the Software to use the Software and the Services for backup purposes only. The backup copy must contain all copyright information contained in the original Software.

2.5. Except for the express authorization of this Agreement, Girafit does not authorize other rights to the user, and if the user uses other rights, he/she must obtain separate written consent from Girafit.

3. Software Acquisition, Installation, Upgrade

3.1. Users should download and install this software product according to the designated website or the designated method of Girafit. Beware of downloading the software from non-designated websites to prevent mobile devices from being infected with malicious programs that can destroy user data and obtain user privacy information. If users obtain this software or an installation program with the same name as this software from a third party that is not authorized by Girafit, Girafit cannot guarantee that the software can be used normally and is not responsible for any damage caused to you as a result.

3.2. The user must select the version of the Software that matches the installed terminal equipment; otherwise, any software problems, equipment problems, or damages caused by the mismatch between the Software and the equipment model shall be borne by the user.

3.3. To improve user experience and service content, Girafit has the right to provide you with replacement, modification, and upgrade versions of the Software from time to time, and also has the right to charge fees for the replacement, modification, or upgrade, but will ask for your consent in advance. Depending on the version of the software used by users, Girafit provides users with the option to choose whether they need to open this function or not. After the new version of the software is released, Girafit does not guarantee the continued availability of the old version of the software.

4. Usage Specifications

4.1. The User may use the Software and Services by this Agreement subject to compliance with the law and this Agreement, and the User shall not commit any of the following acts.

  • 1.1. Remove all information about copyright on the Software and other copies, as well as modify, delete or circumvent technical measures set up by the Software to protect intellectual property rights.
  • 1.2. Reverse-engineeringthe Software, such as disassembling, decompiling, or otherwise attempting to obtain the source code of the Software.
  • 1.3. Adding, deleting, changing the functions or operating effects of the software by modifying or falsifying the instructions or data in the operation of the software, or operating or disseminating the software or methods used for such purposes to the public, whether or not these acts are for commercial purposes.
  • 1.4. Use the Software for any act that jeopardizes network security, including but not limited to: using unauthorized data or accessing unauthorized servers/accounts; accessing public networks or other people's operating systems without permission and deleting, modifying, or adding stored information; attempting to probe, scan, or test the vulnerability of the Software's systems or networks without permission or otherwise committing acts that undermine network security. Attempting to interfere with or disrupt the normal operation of the Software's system or website, intentionally spreading malicious programs or viruses and other acts that disrupt and interfere with normal network information services; forging TCP/IP packet names or partial names.
  • 1.5. The userlogs in or uses the Software and Services through third-party compatible software or systems not developed, authorized, or approved by Girafit, or makes, publishes, or disseminates the said tools.
  • 1.6. Without the written consent of Girafit, the User shall perform the following acts on the Software and the information therein, including but not limited to: using, renting, lending, copying, modifying, linking, reproducing, compiling, publishing, setting up mirror sites, developing derivative products, works, services, plug-ins, plug-ins, compatibility, interconnection, etc. with the Software without permission.
  • 1.7. Use the Software to publish, transmit, distribute, or store content that violates local laws and regulations.
  • 1.8. Use the Software to publish, transmit, distribute, or store content that infringes on the intellectual property rights, trade secrets, and other legal rights of others.
  • 1.9. Using the Software to publish, transmit and disseminate advertising information and spam in bulk.
  • 1.10. Any other use of the Software and other services provided by Girafit in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the permitted use of this Agreement.

4.2. Information Release Specifications

  • 2.1. You may use the Software to publish information content such as opinions, data, text, messages, usernames, images, photographs, personal information, audio and video files, links, etc. that are original to you or that you are entitled to publish. You must ensure that you own the intellectual property rights of the information content you upload or have obtained legal authorization and that any use of the Software and the Services by you does not infringe the legal rights of any third party.
  • 2.2. You are required to comply with local laws and regulations when using the Software.
  • 2.3. You shall not use the Software to engage in any of the following acts while using the Software, including but not limited to.
  • 2.3.1. Produce, reproduce, publish, distribute, or store content that violates local laws and regulations.
  • 2.3.2. publishing, transmitting, disseminating,or storing content that infringes on the legal rights of others such as reputation, portrait rights, intellectual property rights, trade secrets, etc.
  • 2.3.3. falsifying facts or concealing the truth tomislead or deceive others.
  • 2.3.4. publishing, transmitting,and disseminating advertising information and spam.
  • 2.3.5. Engage in other acts that violate local laws and regulations.
  • 2.4. You are not allowed to conduct any commercial activities such as publishing advertisements or selling products in the Software without the permission of Girafit.

4.3. You understand and agree that:

  • 3.1. Girafit will determine whether the user is suspected of violating the above-mentioned usage rules and, based on the result of the determination, suspend or terminate your permission to use the website or take other restrictive measures that can be taken bythis agreement.
  • 3.2. Girafit will directly delete any information that is suspected of violating the law or infringing on the legal rights of others or violating this Agreement that is published by users when using the Licensed Software.
  • 3.3. you shall independently bear the legal responsibility in your name for any damage to third parties caused by the user's violation of the above-mentioned usage rules and shall ensure that Girafit shall be free from any loss or additional costs incurred as a result.
  • 3.4. If the user violates the relevant laws and regulations or the agreement and causes Girafit to suffer losses, or is subject to claims from third parties, or is punished by administrative authorities, the user shall compensate Girafit for the losses and/or costs incurred as a result, including reasonable attorney fees and investigation and evidence collection costs.

5. Service risks and disclaimer

5.1. Users must provide their own mobile terminal devices for Internet access and use of telecommunication value-added services, and bear their communication fees, information fees, and other related fees charged by their mobile terminal devices for Internet access or by third parties. If value-added telecommunication services are involved, we recommend that you confirm the relevant fees with your value-added telecommunication service provider.

5.2 Girafit and its partners shall not be responsible for any losses suffered by users due to third parties such as communication line failure, technical problems, network, mobile terminal equipment failure, system instability, and various other force majeure reasons.

5.3. The Software, like most Internet software, may be affected by various security problems, including but not limited to differences in user reasons, network service quality, social environment, etc., such as others using the user's information to cause real-life harassment; other software downloaded and installed by the user or other websites visited by the user contain "Trojan horses The user may download and install other software or visit other websites containing "Trojan horse" and other viruses that threaten the safety of the user's terminal device information and data, and then affect the normal use of the software. Users should strengthen the awareness of information security and user data protection, and pay attention to strengthening password protection to avoid losses and harassment.

5.4. When users use the Software or request Girafit to provide specific services, the Software may call a third-party system or third-party software to support the users' use or access, and the resuGirafit of the use or access will be provided by the third party. Girafit does not guarantee the security, accuracy, validity, and other uncertainties of the resuGirafit achieved through the third-party system or third-party software support.

5.5. Girafit especially draws users' attention to the fact that Girafit has the right to modify or discontinue the service at any time without notifying users to protect the company's autonomy in business development and adjustment, and Girafit is not responsible to users or any third party for exercising the right to modify or discontinue the service.

5.6. Except as expressly provided in-laws and regulations, we will do our best to ensure that the Software and the technology and information involved in it are secure, effective, accurate, and reliable, but subject to the limitations of available technology, the User understands that Girafit cannot guarantee this.

5.7. the user shall be liable for personal injury or incidental and consequential economic damages, including but not limited to loss of profits, loss of data, business interruption damages, or other business damages or losses, arising out of or in connection with any of the following.

  • 7.1. Use or failure to use the Licensed Software.
  • 7.2. Unauthorized use of the Software or alteration of the User's data by third parties.
  • 7.3. Costs and damages arising from the actions performed by the User with the Software.
  • 7.4. Misunderstanding of the software by users.
  • 7.5. Other damages related to the Software not caused by Girafit.
  • 8. All liability for any personal or financial injury or loss that resuGirafitor may result from misleading or deceptive conduct between the User and other users of the Software through the Software shall be borne by the party at fault by law.

6. Description of Third-party Content and Services

6.1. Regardless of whether the third-party content or services are pre-installed in the Software or opened or subscribed by the user, the user understands and agrees that Girafit does not make any express or implied guarantee or warranty for the legality or validity of the third-party content or services provided or the user's actions, as well as the legality, accuracy, validity, and security of the third-party content or services.

6.2. Girafit does not supervise the third-party content or services, does not have any control over them, and does not provide any form of guarantee or warranty for the third-party services, nor does it assume any responsibility for them.

6.3. Any dispute or controversy between the user and the third party content or service provider shall be resolved by the user and the third-party service provider through negotiation, and Girafit shall not be responsible for it.

7. Declaration of Intellectual Property Rights

7.1. Girafit is the owner of the intellectual property rights of the Software. All intellectual property rights of the Software, such as copyrights, trademarks, patents, trade secrets, and all information contents related to the Software (including but not limited to text, pictures, audio, video, graphics, interface design, layout frames, relevant data or electronic files, etc.) are protected by your local laws and regulations and the corresponding international treaties, and Girafit enjoys the above intellectual property rights.

7.2 Without the written consent of Girafit, the user shall not implement, utilize or transfer the above intellectual property rights for any commercial or non-commercial purposes by itself or license any third party, and Girafit reserves the right to pursue the legal responsibility for the above actions.

8. Agreement Changes

8.1. Girafit has the right to amend the terms and conditions of this Agreement when necessary, and once the terms and conditions are changed, the amended terms and conditions will be posted on the relevant page. If you do not agree with the changed content, you should cancel the service voluntarily. If the user continues to use the service, he/she shall be deemed to accept the changes of the terms and conditions of the agreement.

9. Other

9.1. When you use a particular service of the Software, there may be separate agreements and related business rules for that service (collectively, the "Separate Agreements"), and you should read and agree to the relevant Separate Agreements before using that service.

9.2. The headings of all provisions of this Agreement are for convenience only and have no actual meaning in themselves and shall not be relied upon for the interpretation of the meaning of this Agreement.

9.3. The remaining provisions of this Agreement shall remain valid and binding on the Parties, regardless of whether they are partially invalid or unenforceable for any reason.