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Robo-e Terms and Conditions

IMPORTANT: BY USING YOUR ROBO-E DEVICE, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS:

A. ROBO-E SOFTWARE LICENSE AGREEMENT AND PERSONAL DATA POLICY
B. NOTICES FROM ROBO-E

ROBO-E FULL COMPANY NAME: LIVESMART TECH (HOLDINGS) LIMITED

ROBO-E SOFTWARE LICENSE AGREEMENT AND PERSONAL DATA POLICY

Single Use License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING YOUR ROBO-E DEVICE OR DOWNLOADING THE ACCOMPANYING SOFTWARE UPDATE. BY USING YOUR ROBO-E DEVICE OR DOWNLOADING THE SOFTWARE UPDATE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE ROBO-E DEVICE OR DOWNLOAD THE SOFTWARE UPDATE.

1. General

  • (a) The software (including Boot ROM code, embedded software, and third-party software), documentation, interfaces, content, fonts, and any data that came with your ROBO-E device (“Original OS Software”), along with any updates or enhancements provided by ROBO-E (“OS Software Updates”), whether in read-only memory, on any other media, or in any other form (collectively referred to as the “ROBO-E OS Software”), are licensed, not sold, to you by ROBO-E for use solely under the terms of this License. ROBO-E and its licensors retain ownership of the ROBO-E OS Software and reserve all rights not expressly granted to you. You agree that the terms of this License will also apply to any ROBO-E app that may be pre-installed on your ROBO-E device, unless such app is accompanied by a separate license, in which case the terms of that license will govern your use of that app.
  • (b) ROBO-E may, at its discretion, make future OS Software Updates available for your ROBO-E device. These updates may not necessarily include all existing software features or new features released for newer or other models of ROBO-E device. The terms of this License will govern any OS Software Updates provided by ROBO-E that replace or supplement the Original OS Software, unless such updates are accompanied by a separate license, in which case the terms of that license will apply.

2. Permitted Uses and Restrictions

  • (a) Subject to the terms and conditions of this License, you are granted a limited, non-exclusive license to use the ROBO-E OS Software on a single ROBO-E device only. Except as permitted in Section 2(b) below, and unless specified in a separate agreement between you and ROBO-E, this License does not allow the ROBO-E OS Software to be used on more than one ROBO-E device at a time, nor may you distribute or make the ROBO-E OS Software available over a network for use by multiple devices simultaneously. This License does not grant you any rights to use ROBO-E proprietary interfaces or other intellectual property in the design, development, manufacture, licensing, or distribution of third-party devices and accessories, or third-party software applications for use with ROBO-E device. Some of these rights are available under separate licenses from ROBO-E.
  • (b) Subject to the terms and conditions of this License, you are granted a limited, non-exclusive license to download OS Software Updates that may be made available for your model of ROBO-E device. These updates may be used to update or restore the software on any ROBO-E device that you own or control. This License does not permit you to update or restore any ROBO-E device that you do not own or control, and you may not distribute or make the OS Software Updates available over a network for use by multiple devices or computers simultaneously.
  • (c) You shall not, and you agree not to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the ROBO-E OS Software or any services provided by it, or any part thereof. This restriction applies except to the extent that any of the foregoing actions are prohibited by applicable law or by licensing terms governing the use of open-source components that may be included with the ROBO-E OS Software.
  • (d) You agree to use the ROBO-E OS Software and the Services (as defined below) in accordance with all applicable laws, including the local laws of your country or region where you download or use the ROBO-E OS Software and Services. Not all features of the ROBO-E OS Software and Services will be available in every language or region and some features may differ by region, and others may be restricted or unavailable through your service provider. A Bluetooth connection to a compatible ROBO-E device with Wi-Fi or cellular data is necessary for certain features of the ROBO-E OS Software and Services.
  • (e) You need a unique username and password for an account with ROBO-E (“ROBO-E Account”) which is necessary for accessing the data and specific features of the ROBO-E device, ROBO-E OS Software and Services. Additionally, you acknowledge that many features and services of the ROBO-E OS Software transmit data through your paired device, i.e. your mobile phone. You can manage the applications to use cellular data.
  • (f) Using the ROBO-E device in certain situations can be distracting and may lead to dangerous scenarios (for instance, avoid using it while driving a car or riding a bicycle). By using the ROBO-E device, you acknowledge that you are responsible for following any rules that prohibit or limit mobile phone use, such as the requirement to use hands-free options when making calls while driving.
  • (g) The ROBO-E device, along with its heart rate sensor and other sensors or related apps, is not classified as a medical device and is intended solely for fitness purposes and the data therein are for reference only. It is not designed or intended for diagnosing diseases or other conditions, nor for curing, mitigating, treating, or preventing any diseases.
  • (h) Before starting or altering any program with the ROBO-E device, it is recommended that you consult your physician or other experts. If you have any medical conditions that you think could be impacted by the ROBO-E device (such as seizures, blackouts, eyestrain, or headaches), please seek advice from your physician or experts before using the device.

3. Transfer

You may not rent, lease, lend, sell, redistribute, or sublicense the ROBO-E OS Software. However, you are allowed to make a one-time permanent transfer of all your license rights to the ROBO-E OS Software to another party when transferring ownership of your ROBO-E device, provided that:

  • (a) The transfer includes your ROBO-E device and all ROBO-E OS Software, including all components, original media, printed materials, and this License;
  • (b) You do not retain any copies of the ROBO-E OS Software, in whole or in part, including any stored on a computer or other storage device;
  • (c) The receiving party reads and agrees to the terms and conditions of this License; and
  • (d) The service provider and/or ROBO-E is notified of the transfer so as to enable the service provider and/or ROBO-E to keep proper record of and deal with the user’s personal data.

4. Consent to Use of Data

  • (a) Diagnostic and Usage Data. If you choose to opt in to the collection of diagnostic and usage data on your ROBO-E device/ paired device, you agree that ROBO-E and its subsidiaries and agents may gather, maintain, process, and use diagnostic, technical, usage, and related information (“Diagnostic and Usage Data”). This includes, but is not limited to, unique system or hardware identifiers, information about your ROBO-E device, paired device, computer, system and application software, and peripherals. This data is collected periodically to enhance ROBO-E’s products and services, facilitate software updates, provide product support, and verify compliance with this License. ROBO-E may use this information, provided it is collected in a form that does not personally identify you, for these purposes. If you have opted in and enabled Location Services, the location of your device may also be transmitted to assist ROBO-E in analyzing wireless or cellular performance issues (such as signal strength in specific locations). To help improve their software, hardware, courses, materials, and services designed for use with ROBO-E products, ROBO-E may share relevant subsets of Diagnostic and Usage Data with partners, third-party developers, and content providers, as long as the data is in a non-personally identifiable form.
  • (b) Location Data. ROBO-E and its partners, licensees, and third-party developers may offer certain services through your ROBO-E device that depend on location information. To provide and enhance these services, ROBO-E and its partners may transmit, collect, maintain, process, and use your location data, which includes the real-time geographic location of your ROBO-E device, road travel speed, location search queries, and the locations where you purchase and launch applications. This location data is collected in a way that does not personally identify you and may be used by ROBO-E and its partners to improve location-based products and services. By using any location-based services on your ROBO-E device, you consent to the transmission, collection, maintenance, processing, and use of your location data and queries by ROBO-E and its partners. You can withdraw this consent at any time by going to the Location Services settings on your paired device or ROBO-E device and either disabling the global Location Services setting or turning off the individual location settings for each location-aware feature on your ROBO-E device. When using third-party applications or services on the ROBO-E device that utilize location data, you are subject to and should review the terms and privacy policies of those third parties regarding their use of location data.
  • (c) Continuity. To set up and use specific Continuity features of the ROBO-E Software, certain unique identifiers for your ROBO-E device and account are required. These identifiers may include your email address(es), the account information you provide, a hardware identifier for your ROBO-E device, and the telephone number of your paired device. By using the ROBO-E OS Software, you agree that ROBO-E may transmit, collect, maintain, process, and use these identifiers to provide and enhance the Continuity features.

5. Services and Third Party Materials

  • (a) ROBO-E OS Software may provide access to various ROBO-E and third-party services and websites (collectively referred to as “Services”). These Services may not be available in all languages or countries. Accessing these Services requires an Internet connection, and some may necessitate a ROBO-E Account. Additionally, you may need to accept extra terms and could incur additional fees. By using this software in conjunction with a ROBO-E Account or other ROBO-E Service, you agree to the relevant terms of service applicable in the country where you access the Services.
  • (b) By using any of the Services, you acknowledge that you may come across content that could be considered offensive, indecent, or objectionable. This content may not always be labeled as having explicit language, and search results may inadvertently generate links or references to such material. Nonetheless, you agree to use the Services at your own risk, and ROBO-E, along with its affiliates, agents, principals, or licensors, will not be liable for any content that you may find offensive, indecent, or objectionable.
  • (c) Certain Services may display, include, or provide access to content, data, information, applications, or materials from third parties (“Third Party Materials”), or offer links to third-party websites. By using the Services, you acknowledge and agree that ROBO-E is not responsible for reviewing or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third Party Materials or websites. ROBO-E, along with its officers, affiliates, and subsidiaries, does not warrant or endorse, and assumes no liability or responsibility for you or any other person regarding any third-party Services, Third Party Materials, or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely for your convenience.
  • (d) Neither ROBO-E nor its content providers guarantee the availability, accuracy, completeness, reliability, or timeliness of health information, location data, or any other data displayed by the Services on the ROBO-E device. The information provided by these Services is for general informational purposes only and should not be considered medical advice. Before making any medical decisions based on information obtained through the Services or the ROBO-E device, you should consult a qualified professional who can provide medical advice in your country or region. The information or data provided by the Services or the ROBO-E device is for reference only and should not be relied upon in situations where erroneous, inaccurate, delayed, or incomplete data could result in death, personal injury, or damage. You acknowledge that the information or data you receive may differ from actual situations due to various factors that can affect its accuracy.
  • (e) To the extent that you upload any content through the Services, you represent that you own all rights to that content, or have the necessary authorization or legal permission to upload it, and that it does not violate any applicable terms of service. You acknowledge that the Services contain proprietary content, information, and materials owned by ROBO-E, the site owner, and/or their licensors, which are protected by applicable intellectual property laws, including copyright. You agree not to use this proprietary content, information, or materials for anything other than the permitted use of the Services, and you will not engage in any actions that are inconsistent with this License or that infringe on the intellectual property rights of ROBO-E or third parties. No part of the Services may be reproduced in any form or by any means. You also agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any manner. Unauthorized exploitation of the Services is prohibited, including using them to transmit computer viruses, worms, trojan horses, or other malware, or to overload network capacity. Furthermore, you agree not to use the Services to harass, abuse, stalk, threaten, defame, or otherwise infringe upon the rights of others. ROBO-E is not responsible for any such misuse by you, nor for any harassing, threatening, defamatory, offensive, infringing, or illegal messages or transmissions you may receive as a result of using the Services.
  • (f) Additionally, Services and Third Party Materials that may be accessed, linked to, or displayed on the ROBO-E device are not available in all languages or in every country or region. ROBO-E makes no claims regarding the appropriateness or availability of such Services and Third Party Materials for use in any specific location. If you choose to use or access these Services and Third Party Materials, you do so at your own initiative and are responsible for complying with any applicable laws, including local laws and privacy and data collection regulations. ROBO-E and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without prior notice. Under no circumstances will ROBO-E be liable for the removal or disabling of access to any such Services. ROBO-E may also impose limits on the use of or access to certain Services at any time, without notice or liability.

6. Termination

This License is effective until terminated. Your rights under this License will automatically terminate, or otherwise cease to be effective, without notice from ROBO-E if you fail to comply with any terms of this License. Upon termination, you must stop using the ROBO-E Watch OS Software immediately. Sections 4, 5, 6, 7, 8, 10, and 11 of this License will remain in effect even after termination.

7. Disclaimer of Warranties

  • (a) If you are a consumer (someone using the ROBO-E OS Software for personal use outside of a trade, business, or profession), you may have legal rights in your country of residence that prevent the following limitations from applying to you. Where such limitations are prohibited, they will not be applicable. To learn more about your rights, you should contact a local consumer advice organization.
  • (b) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE ROBO-E OS SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH IT IS AT YOUR OWN RISK. YOU ASSUME THE ENTIRE RISK REGARDING SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT.
  • (c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ROBO-E OS SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. ROBO-E AND ITS LICENSORS (COLLECTIVELY REFERRED TO AS “ROBO-E” FOR SECTIONS 7 AND 8) DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THE ROBO-E OS SOFTWARE AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
  • (d) ROBO-E DOES NOT WARRANT THAT YOUR ENJOYMENT OF THE ROBO-E OS SOFTWARE AND SERVICES WILL NOT BE INTERFERED WITH, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE ROBO-E OS SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE ROBO-E OS SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ROBO-E MAKES NO GUARANTEE THAT ANY SERVICE WILL CONTINUE TO BE AVAILABLE, THAT DEFECTS IN THE ROBO-E OS SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE ROBO-E OS SOFTWARE WILL BE COMPATIBLE WITH OR WORK WITH ANY THIRD-PARTY SOFTWARE, APPLICATIONS, OR SERVICES. INSTALLING THE ROBO-E OS SOFTWARE MAY IMPACT THE AVAILABILITY AND USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS, OR SERVICES, AS WELL AS ROBO-E PRODUCTS AND SERVICES.
  • (e) YOU FURTHER ACKNOWLEDGE THAT THE ROBO-E OS SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE FAILURE, TIME DELAYS, ERRORS, OR INACCURACIES IN THE CONTENT, DATA, OR INFORMATION PROVIDED BY THE ROBO-E OS SOFTWARE OR SERVICES COULD RESULT IN DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL DAMAGE.
  • (f) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ROBO-E OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. IF THE ROBO-E OS SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME ALL COSTS FOR NECESSARY SERVICING, REPAIR, OR CORRECTION, SUBJECT TO ANY WARRANTY TERMS, IF APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL ROBO-E, ITS AFFILIATES, AGENTS, OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING COURSE INSTRUCTIONS, ASSIGNMENTS, AND MATERIALS), BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES OR LOSSES ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE ROBO-E OS SOFTWARE AND SERVICES OR ANY THIRD-PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THEM, REGARDLESS OF HOW CAUSED AND IRRESPECTIVE OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), EVEN IF ROBO-E HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of liability for personal injury or for incidental or consequential damages, so this limitation may not apply to you. In no event shall ROBO-E’s total liability to you for all damages (other than as required by applicable law in cases involving personal injury) exceed the amount of HK$1,000. The foregoing limitations will apply even if the stated remedy fails to achieve its essential purpose.

9. Export Control

You may not use or otherwise export or re-export the ROBO-E OS Software except as authorized by the laws of Hong Kong Special Administrative Region and the laws of the jurisdiction(s) in which the ROBO-E OS Software was obtained. You also agree that you will not use the ROBO-E OS Software for any purposes prohibited by the laws of Hong Kong Special Administrative Region, including but not limited to the development, design, manufacture or production of biological weapons, etc.

10. Controlling Law and Severability

This License will be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. If, for any reason, a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall remain in full force and effect.

11. Complete Agreement; Governing Language

This License constitutes the entire agreement between you and ROBO-E regarding the ROBO-E OS Software and supersedes all prior or contemporaneous understandings related to this subject matter. No amendment to or modification of this License will be binding unless it is in writing and signed by ROBO-E. Any translation of this License is provided for local requirements, and in the event of a dispute between the English version and any non-English versions, the English version shall prevail, to the extent not prohibited by local law in your jurisdiction.

12. Third Party Acknowledgements

Portions of the ROBO-E OS Software may utilize or include third-party software and other copyrighted materials. Acknowledgments, licensing terms, and disclaimers for such materials are provided in the electronic documentation for the ROBO-E OS Software, and your use of these materials is governed by their respective terms.

13. Others

Please also refer to the terms in relation to personal data and privacy in respect of the Android or Apple iOS as follows:

Android : https://robo-e.com/robo-e-privacy-aos
iOS : https://robo-e.com/robo-e-privacy-ios





NOTICES FROM ROBO-E

If ROBO-E needs to contact you about your product or account, you consent to receive the notices by email. You agree that any such notices that we send you electronically will satisfy any legal communication requirements.

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