Service Agreement
Software License and Service Agreement
Technofashion, Inc. (hereinafter referred to as Technofashion) hereby reminds the user to carefully read and fully understand the Software License and Service Agreement (this “Agreement”), especially those relating to the situations where Technofashion cannot be held liable. Please read carefully and choose to accept or not accept this Agreement. (A minor should be accompanied by his/her legal guardian while reading this Agreement.) By downloading, installing, and using the software, as well as logging in to your account, you agree to accept this Agreement and to be fully bound by its terms.
Technofashion reserves the right to amend this Agreement which has been updated and effective from the date of publication. The user can redownload and install the software or view the latest version of the terms of this Agreement on the website. If you do not accept the amended terms after Technofashion has amended this Agreement, please immediately discontinue using the “NAUTICA BODY TRACKER” software and services provided by Technofashion. The user’s continued use of the “NAUTICA BODY TRACKER” software and services provided by Technofashion will be deemed acceptance of the amended terms of this Agreement.
Service Agreement
1.1. This Agreement is the agreement concluded by and among you (hereinafter referred to as the “User”), Technofashion, and its operation partners (hereinafter referred to as the “Partner” or “Partners”) concerning the User’s downloading, installing, and use of the “NAUTICA BODY TRACKER” software (hereinafter referred to as the “Software”) and other relevant services of Technofashion.
1.2 The software and services are provided by Technofashion for installation on (including but not limited to) mobile smart terminal devices used to synchronize data collected by Technofashion’s products.
1.3. The ownership and operation rights of the Software and other services shall be vested in Technofashion.
2.1. Technofashion grants the User a personal, non-transferable, and non-exclusive license to use the Software without the right to sublicense.
2.2 The User can install, use, display, and run the Software on a single mobile terminal device only for non-commercial purposes. The User shall not copy, alter, or modify any data of the Software, or any data released to the memory of any terminal device during the running of the Software and the interactive data generated between the client and the server during the running of the Software, or run the Software with plug-ins, or create any derivative work in any form, including but not limited to plug-ins, access to the Software and related systems through unauthorized third-party tools/services. If you need to sell, copy or distribute the Software for commercial purposes, you must obtain written authorization and license from Technofashion.
2.3. Without the permission of Technofashion, the User shall not install the Software on other terminal devices that are not explicitly permitted by Technofashion.
3.1. The User shall download and install the Software from the website or in the manner designated by Technofashion. Be aware not to download the Software on unauthorized websites to prevent mobile devices from infecting malicious programs that can destroy user data and steal the user’s private information. If you acquire the Software or the installation program with the same name as the Software from a third party that has not been authorized, Technofashion accepts no liability for any loss thereby caused to you.
3.2. The user must select the Software version that is compatible with the installed terminal device. Any software of device problems or damages resulting from the mismatch between the Software version and the device model shall be solely assumed by the User.
3.3. In order to improve the User experience and optimize the service content, Technofashion reserves the right to provide replaced, modified, and upgraded versions of the Software, together with the right to charge for such replacement, modification, or upgrading, but will obtain your consent in advance for such charges. The software will enable the “upgrade prompt” feature for the User by default. Depending on the Software version being used, Technofashion allows the User with discretion to or not to enable the said feature. After the new version of the Software is released, Technofashion does not guarantee that the older versions of the Software will continue to be usable.
4.1. The User may use the Software and related services in accordance with this Agreement and the applicable laws. The User shall not commit the following acts:
4.1.1. Delete any copyright information on the Software and its copies, or modify, delete or circumvent the technical measures set by the Software, for the protection of intellectual property rights;
4.1.2. Perform reverse engineering of the Software, such as disassembly, decompilation, or other attempts to obtain the source code of the Software;
4.1.3. Add, remove or change the features or running effects of the Software by modifying or forging the instructions and data during the running of the Software, or disseminate the Software to the public for commercial or non-commercial purposes;
4.1.4. Use the Software to commit any acts detrimental to the network security, including but not limited to accessing and using unauthorized data, servers/accounts, public networks, or the operating system of others and deleting, modifying, or adding to any information stored; attempting to detect, scan or test the Software system or network weaknesses or doing other acts that may destruct the network security; attempting to interfere with or destruct the normal operation of the Software system or website; deliberately spreading malicious programs or viruses, or carrying out other acts that may obstruct or interfere with the normal network information services; forging the full or partial names of TCP/IP data packet;
4.1.5. Log in to or use the Software and services through third party compatible software or systems that are not developed, authorized, or approved by Technofashion, or make, publish, or distribute the above tools;
4.1.6. Do anything on the Software or the information contained therein without the written consent of Technofashion, including but not limited to using, leasing, lending, copying, modifying, setting up a link, reproducing, compiling, releasing, publishing, establishing a mirror image website, or unauthorized use of the Software to develop related derivative products, works, services, plug-ins, compatibility or interconnection;
4.1.7. Use the Software to publish, transmit, disseminate or store any content that violates the national laws, endangers the national security, reunification of the motherland, social stability or public order, or any improper, insulting, obscene, or violent content, or any content in violation of the national laws and regulations;
4.1.8 Use the Software to publish, transmit, disseminate or store any content that infringes the legitimate rights such as the intellectual property rights and trade secrets of others;
4.1.9. Use the Software to publish, transmit or disseminate advertising information or spam in bulk;
4.1.10. Use the Software and other services provided by Technofashion, in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the licensed usage under this Agreement.
4.2. Information Publication Specifications
4.2.1. You shall not use the Software to commit the following acts, including but not limited to:
4.2.1.1. Produce, reproduce, publish, disseminate, or store any content that violates the national laws and regulations.
4.2.1.2. Publish, transmit, disseminate or store any content that infringes the legitimate rights such as reputation right, portrait right, intellectual property rights, and trade secrets of others;
4.2.1.3. Make up the fact or conceal the truth to mislead or deceive others;
4.2.1.4. Publish, transmit or disseminate advertising information or spam;
4.2.1.5. Engage in other acts that violate laws and regulations, policies, public order, social morality, and so on.
4.2.2. Without the permission of Technofashion, you shall not carry out any commercial conduct in the Software, such as advertising and selling merchandise.
4.3. You understand and agree that:
4.3.1. Technofashion will determine whether the User is suspected of violating the above-mentioned usage specifications and, based on the result of such determination, suspend or terminate the user license granted to you or take other restrictive measures in accordance with this Agreement;
4.3.2. Technofashion will directly delete any information published by the User during the use of the licensed Software which is suspected of being unlawful, infringing the legitimate rights of others, or violating this Agreement;
4.3.3. If you violate the above-mentioned usage specifications and thus cause damages to third parties, you need to assume liability in your own name and free Technofashion from any harm, loss, or expense arising therefrom;
4.3.4. The User shall indemnify Technofashion from and against any losses, third-party claims, administrative penalties, damages and/or expenses, including reasonable attorney fees, investigation, and evidence collection costs, incurred, or suffered by Technofashion resulting from the User’s violation of relevant laws or breach of this Agreement.
5.1. The User must procure the device required for internet access and the usage of telecom value-added services by the mobile terminal device, and bear the related costs and fees incurred by these. If any telecom value-added services are needed, you are advised to confirm the costs with your telecom value-added service provider.
5.2. Neither Technofashion nor its Partner is liable for any loss suffered by the User due to reasons attributable to third parties such as communication line failures, technical problems, network or mobile terminal device failures, system instabilities, and other various force majeure factors.
5.3. The Software, like most other Internet software, may be affected by factors including but not limited to user reasons, network service quality, social environment differences, etc., and may also be subject to attacks resulting from various security problems, such as the appropriation of the User’s data by others which may cause inconveniences in real life, or by “Trojan horse”s and other viruses from other software downloaded and installed by the User or websites the User visited, which threatens the security of the User’s terminal device information and data, and then affects the normal use of the Software. The User shall enhance the awareness of information security and user data protection, and pay attention to strengthening password protection, to avoid such damages.
5.4. When the User uses the Software or requests Technofashion to provide specific services, the Software may call a third-party system or other software. Technofashion does not guarantee the safety, accuracy, and effectiveness of the results achieved through the support of the said system or software, nor does it assume any other liability resulting from any dispute or damage caused thereof.
5.5. Technofashion specifically draws the User’s attention to that, in order to protect the company’s business development and adjustment autonomy, Technofashion has the right to modify or suspend the services at any time without notice to the User and without any liability to the User or any third party.
5.6. Unless otherwise specified in applicable laws and regulations, we will continue to make utmost effort to ensure that the Software and the related technology and information are safe, effective, accurate, and reliable within the limits of the existing technology.
5.7. The User shall be solely liable for any personal injuries or incidental or consequential damages, including but not limited to loss of profit, loss of data, business interruption, or other commercial damages arising out of or in connection with: (1) the use or failure to use the Licensed Software; (2) unauthorized use of the Software or modification of the User’s data by a third party; (3) costs and losses incurred by the User during the use of the Software; (4) any misunderstandings by the User of the Software; (5) other losses in connection with the Software for reasons not attributable to Technofashion.
5.8. In the event of any personal or economic damages or losses that have been or may be caused due to misconduct performed by the User and the users of other software, or due to the User’s being misled or deceived, the faulting party shall assume all liabilities arising thereof.
5.9. Before using the application to connect to the device to measure data, you should carefully read the device’s instruction manual to understand the principles of operation. If there is any dispute or loss caused by failure to do so, Technofashion will not bear any responsibility.
5.10. All body composition data offered by the application (blood pressure, blood sugar, body temperature, blood oxygen, body fat rate, etc.) is measured by relevant equipment (blood pressure monitor, blood glucose meter, infrared thermometer, thermometer, oximeter, body fat scale, etc.). The value is comparable to professional medical data, but should only be used as a reference and not be treated as clinical medical data. Users should consult their doctors for clinical medical advice.
6.1 Technofashion is the intellectual property right holder of the Software. All intellectual property rights such as copyright, trademark, patent, trade secret, etc. relating to the Software, and all creative and design components of the Software (including but not limited to text, pictures, audio, video, graphics, interface design, layout, data, and electronic documents) are protected by the laws and regulations of the People’s Republic of China and corresponding international treaties. TSEC enjoys the above intellectual property rights.
6.2. Without the prior written consent of Technofashion, the User shall not independently use or transfer any of the above intellectual property rights for any commercial or non-commercial purposes or permit any third party to do so. Technofashion reserves the right to pursue legal liability for such acts.
7.1. Technofashion reserves the right to amend the terms of this Agreement from time to time at its sole discretion, and any such amended terms will be timely published on relevant web pages. If you do not agree to any amendment, you shall take the initiative to cancel the services. If you continue to use the services, it shall be deemed your acceptance of the amended Agreement.
7.2. Technofashion or the Partner reserves the right from time to time and at its sole discretion to modify or change the paid services provided, the charging criteria, charging mode, service charges, or service terms. In providing the services, Technofashion may start to charge some users for certain fees in the future. If the User refuses to pay such fees, the User will not be able to continue using related services after the charging starts. Technofashion and the Partner will make utmost effort to notify the User of any amendments or changes by email or otherwise as soon as possible.
8.1. The validity and interpretation of this Agreement shall be governed by the laws of the United States of America. In the absence of relevant legal provisions, reference may be made to international business practices.
8.2. Both the User and Technofashion agree that any dispute arising from the offer and use of services shall first be settled through consultations, then either party may submit the dispute to the court of competent jurisdiction over the place where this Agreement is signed.
9.1. For any specific service provided by the Software, there may be a separate agreement and related business rules (hereinafter collectively referred to as the “separate agreement”), so please read and agree to the relevant separate agreement before using such specific service.
9.2. The headings to all the terms of this Agreement are for ease of reference only and shall be ignored in interpreting this Agreement.
9.3. If any provision of this Agreement is currently invalid or unenforceable or becomes so in the future for whatever reasons, the remaining provisions hereof shall remain in full effect and continue to be binding upon the parties.