Software License and User Service Agreement
[IMPORTANT NOTICE] Shenzhen Shengmi IoT Technology Co., Ltd. (hereinafter “Shengmi” or “we”) hereby reminds you to read and fully understand this Software License and Service Agreement (hereinafter “this Agreement”). You should carefully read and fully understand every clause, especially those that exempt or limit Shengmi’s liability and those on dispute resolution and governing law. Clauses that exempt or limit liability are in bold and require your special attention. Please read carefully and choose to accept or not accept this Agreement (minors should read it with a legal guardian). Your downloading, installing or using the software, and obtaining or signing in to an account, will be deemed acceptance of this Agreement and agreement to be bound by all of its terms. Shengmi may revise this Agreement. The updated terms will be published on the official website or in the software and take effect upon publication. You may re-download and install the software or review the latest terms on the website. After Shengmi amends the terms, if you do not accept the amended terms, please stop using the “WinPigeon” software and services immediately. Continued use of the “WinPigeon” software and services will be deemed acceptance of the amended Agreement.
1 General
1.1 This Agreement is entered into by you (also “User”) and Shengmi and its operating partners (hereinafter “Partners”) concerning your downloading, installing and using Shengmi’s “WinPigeon” software (hereinafter “the Software”) and using related Shengmi services.
1.2 The Software and services are provided by Shengmi for installation on, including but not limited to, smart mobile devices, to provide users of those devices with services such as binding and operating smart products.
1.3 Ownership and operation of the Software and services belong to Shengmi.
2 Scope of license
2.1 Shengmi grants you a personal, non-transferable, non-sublicensable and non-exclusive license to use the Software.
2.2 You may install, use, display and run the Software on a single mobile device for non-commercial purposes. You may not install, use or run the Software for commercial operations, and you may not copy, alter, modify, hook or create derivative works from the Software or from data released into any device memory during operation or from client-server interaction data, including but not limited to using plugins, cheats or unauthorized third-party tools/services to access the Software and related systems. Commercial sale, copying or distribution, such as pre-installation or bundling, requires Shengmi’s prior written authorization and license.
2.3 Without Shengmi’s permission, you may not install the Software on other terminal devices not expressly permitted by Shengmi, including but not limited to set-top boxes, game consoles, televisions and DVD players.
2.4 You may make one copy of the Software solely for backup for the purpose of using the Software and services. The backup must contain all copyright notices in the original software.
2.5 Except as expressly licensed in this Agreement, Shengmi grants you no other rights. Use of other rights requires Shengmi’s separate written consent.
3 Obtaining, installing and upgrading
3.1 You should download and install the Software from Shengmi’s designated website or in the designated manner. Avoid downloading from unofficial sites so that your device is not infected with malware that can destroy data or obtain private information. If you obtain the Software or an installer with the same name from a third party not authorized by Shengmi, Shengmi cannot guarantee that it will work properly and is not liable for resulting losses.
3.2 You must choose a Software version that matches the device. Any software problems, device problems or damage caused by a mismatch shall be borne by you.
3.3 To improve experience and services, Shengmi may from time to time provide replacement, modified or upgraded versions, and may charge for replacement, modification or upgrade, but will obtain your consent in advance if a fee is charged. The Software enables an “upgrade reminder” by default; depending on the version, Shengmi may let you choose whether to enable it. After a new version is released, Shengmi does not guarantee that old versions will remain usable.
4 Rules of use
4.1 Subject to law and this Agreement, you may use the Software and services. You shall not:
4.1.1 delete any copyright information on the Software and copies, or modify, delete or circumvent technical measures that protect intellectual property;
4.1.2 reverse-engineer the Software, including disassembly, decompilation or other attempts to obtain source code;
4.1.3 modify or forge instructions or data during operation to add, remove or change functions or effects, or operate or publicly disseminate software or methods for such purposes, whether or not commercial;
4.1.4 use the Software for any act that endangers network security, including but not limited to: using unauthorized data or accessing unauthorized servers/accounts; entering public networks or others’ operating systems without permission and deleting, modifying or adding stored information; attempting without permission to probe, scan or test weaknesses of the Software’s system or network or otherwise undermine network security; attempting to interfere with or disrupt the Software system or website, deliberately spreading malware or viruses, or otherwise disrupting normal network information services; forging TCP/IP packet names or part of names;
4.1.5 log in to or use the Software and services through third-party compatible software or systems not developed, authorized or approved by Shengmi, or create, publish or disseminate such tools;
4.1.6 without Shengmi’s written consent, use, rent, lend, copy, modify, link, reprint, compile, publish, establish mirror sites, or develop related derivative products, works, services, plugins, cheats, compatibility or interconnection based on the Software or information in it;
4.1.7 use the Software to publish, transmit, disseminate or store content that violates local laws and regulations;
4.1.8 use the Software to publish, transmit, disseminate or store content that infringes others’ intellectual property, trade secrets or other lawful rights;
4.1.9 use the Software to mass-publish, transmit or disseminate advertising or junk information;
4.1.10 use the Software and other Shengmi services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this license;
4.2 Information publishing rules
4.2.1 You may use the Software to publish views, data, text, information, usernames, images, photos, personal information, audio, video files, links and similar content that you created or are entitled to publish. You must ensure that you own the intellectual property in the uploaded content or have lawful authorization, and that your use of the Software and services does not infringe any third party’s lawful rights and interests.
4.2.2 You must comply with local laws and regulations when using the Software.
4.2.3 When using the Software you shall not, including but not limited to:
4.2.3.1 produce, copy, publish, disseminate or store content that violates local laws and regulations;
4.2.3.2 publish, transmit, disseminate or store content that infringes others’ reputation, likeness, intellectual property, trade secrets or other lawful rights;
4.2.3.3 fabricate facts or conceal the truth to mislead or deceive others;
4.2.3.4 publish, transmit or disseminate advertising or junk information;
4.2.3.5 engage in other acts that violate local laws and regulations;
4.2.3.6 without Shengmi’s permission, engage in any commercial act in the Software such as publishing ads or selling goods.
4.3 You understand and agree that:
4.3.1 Shengmi will determine whether you are suspected of violating the above rules and may, based on that determination, suspend or terminate your license or take other restrictive measures permitted by this Agreement;
4.3.2 Shengmi will directly delete information you publish while using the licensed Software that is suspected of being unlawful, infringing others’ lawful rights or violating this Agreement;
4.3.3 if your violation of the above rules causes damage to a third party, you shall independently bear legal liability in your own name and keep Shengmi free from resulting losses or extra costs;
4.3.4 if your violation of law or this Agreement causes Shengmi to suffer losses, third-party claims or administrative penalties, you shall indemnify Shengmi for the losses and/or costs, including reasonable attorney fees and investigation costs.
5 Service risks and disclaimers
5.1 You must provide the devices needed to access mobile networks and value-added telecom services, and bear communication fees, information fees and similar charges collected by your mobile device access or third parties (including but not limited to telecom or mobile operators). If value-added telecom services are involved, we recommend confirming the fees with your provider.
5.2 Shengmi and its Partners are not liable for any loss you suffer due to third-party causes such as communication-line failure, technical problems, networks, mobile-device failure, system instability or other force majeure.
5.3 Like most Internet software, the Software may be affected by user factors, network quality, social environment and similar differences, and may face security issues, such as others using your information to harass you offline, or other software you install or websites you visit containing Trojans or viruses that threaten device information and data and then affect normal use of the Software. You should strengthen information-security and personal-data protection, including password protection, to avoid loss and harassment.
5.4 When you use the Software or ask Shengmi to provide a specific service, the Software may call third-party systems or software to support your use or access. The results are provided by that third party. Shengmi does not guarantee the security, accuracy or effectiveness of results realized through third-party systems or software, nor other uncertain risks, and is not liable for any dispute or damage arising therefrom.
5.5 Shengmi especially reminds you that to protect its autonomy in business development and adjustment, Shengmi has the right to modify or interrupt the service at any time without notice, and exercising that right does not create liability to you or any third party.
5.6 Except where the law expressly provides otherwise, we will use our best efforts to keep the Software and the related technology and information secure, effective, accurate and reliable, but given current technology you understand that Shengmi cannot guarantee this.
5.7 Personal injury or incidental or indirect economic damages arising from or related to any of the following, including but not limited to loss of profit, data loss, business interruption or other commercial damages or losses, shall be borne by you:
5.7.1 use or failure to use the licensed Software;
5.7.2 unauthorized third-party use of the Software or alteration of your data;
5.7.3 costs and losses arising from your conduct using the Software;
5.7.4 your misunderstanding of the Software;
5.7.5 other Software-related losses not caused by Shengmi.
5.8 For conduct between you and other users through the Software, any personal or economic injury or loss caused or that may be caused by your being misled or deceived shall be borne by the party at fault in accordance with the law.
5.9 Although the Software’s information and materials have been carefully edited and reviewed, errors or inaccuracies may still exist. The Software does not warrant that: functions in the information and materials will be uninterrupted or error-free; the information and materials will meet your particular requirements; defects will be corrected; the Software or the servers that provide it are free of viruses or other harmful components; or messages sent through the Software will remain confidential. The Software makes no warranty as to the correctness, accuracy, reliability or other aspects of the information and materials, or as to the consequences of using them.
5.10 Disclaimer of warranties. You use the Software at your own risk. Shengmi and the Software make no warranties of any kind, express or implied, except that they do not limit implied warranties of merchantability, fitness for a particular purpose and non-infringement where such limitation is not permitted. The Software does not guarantee that the service content will meet your requirements or that the service will be uninterrupted, and makes no warranty of timeliness or security. Shengmi does not warrant any information service or transaction process you obtain on the Software.
5.11 Shengmi is not liable for damages if the system cannot operate normally and you cannot receive the service due to any of the following:
5.11.1 the Software is down for system maintenance;
5.11.2 telecom equipment fails and cannot transmit data;
5.11.3 force majeure such as typhoon, earthquake, tsunami, flood, power outage, war or terrorist attack causes a system obstacle that prevents business;
5.11.4 service interruption or delay caused by hacker attacks, telecom technical adjustments or failures, bank-side problems or similar reasons.
6 Third-party content/services
6.1 You understand and agree that the Software may contain content or services provided by Shengmi affiliates or third parties. Shengmi only provides related function modules in the Software for your convenience, as an entry to third-party content or services.
6.2 Whether third-party content or services are pre-installed in the Software or opened or ordered by you, you understand and agree that Shengmi makes no express or implied warranty as to the lawfulness or validity of the third-party provider or of your conduct, or as to the lawfulness, accuracy, effectiveness or security of the third-party content or services.
6.3 Shengmi does not supervise third-party content or services, has no control over them, gives no form of warranty for third-party services, and assumes no liability.
6.4 Any dispute between you and a third-party content or service provider shall be resolved between you and that provider. Shengmi assumes no liability.
7 Intellectual property
7.1 Shengmi is the intellectual-property owner of the Software. All copyrights, trademarks, patents, trade secrets and other IP in the Software, and all related information (including but not limited to text, images, audio, video, charts, interface design, layout, data or electronic documents) are protected by the laws of your locality and applicable international treaties. Shengmi owns the above intellectual property.
7.2 Without Shengmi’s written consent, you may not, yourself or by licensing any third party, implement, use or transfer the above intellectual property for any commercial or non-commercial purpose. Shengmi reserves the right to pursue legal liability for such acts.
8 Changes to the Agreement
8.1 Shengmi may amend these terms when necessary. Once amended, the new terms will be published on the relevant pages. If you disagree with the changes, you should cancel the service. Continued use of the service will be deemed acceptance of the amended terms.
8.2 Shengmi and partner companies may modify or change paid services, fees, billing methods, service charges and service terms as needed. When providing services, Shengmi may now or later charge for some services. If you refuse to pay, you cannot continue using the relevant services after charging begins. Shengmi and partner companies will use reasonable efforts to notify you of modifications or changes by email or other means.
9 Breach
9.1 A breach of this Agreement by Shengmi or you constitutes default, and the defaulting party shall bear default liability to the non-defaulting party.
9.2 If untrue, incomplete or inaccurate information you provide causes losses to Shengmi or a service provider, Shengmi may require you to compensate Shengmi or the service provider.
9.3 If you violate laws or this Agreement and engage in illegal activities in or by using the Software services, Shengmi may immediately stop providing the Software services, delete your account, and require you to compensate Shengmi for resulting losses.
9.4 If you interfere with the Software’s operation or with others’ use of the Software by technical means, Shengmi may immediately delete your Software account and require you to compensate Shengmi for resulting losses.
9.5 If you maliciously defame the goodwill, credit or reputation of Shengmi, the Software or a service provider by fabricating facts or similar means, Shengmi may require you to make a public apology and compensate Shengmi or the service provider, and may stop providing the Software services.
9.6 You understand and agree that Shengmi may, in its reasonable judgment, penalize acts that violate laws or this Agreement, take appropriate legal action against any violating user, and retain related information and report to competent authorities as required by law. You shall bear all resulting legal liability.
9.7 You understand and agree that losses caused to Shengmi by your breach of this Agreement shall be borne by you, including but not limited to Shengmi’s direct economic losses, any claim by a third party against Shengmi or the Software, and attorney fees, court fees, travel, appraisal and investigation costs Shengmi incurs to resolve the dispute.
10 Governing law and dispute resolution
10.1 The validity and interpretation of these terms are governed by the laws of the mainland of the People’s Republic of China. Where there is no relevant legal provision, international commercial practice and/or commercial practice shall be referred to.
10.2 This Agreement is signed in Bao’an District, Shenzhen.
10.3 You and Shengmi agree that disputes arising from the services shall first be resolved through consultation; if consultation fails, either party may submit the dispute to a court with jurisdiction at the place where this Agreement is signed.
11 Miscellaneous
11.1 When you use a specific service of the Software, that service may have a separate agreement and related business rules (collectively “Separate Agreements”). Please read and agree to the relevant Separate Agreement before using that service.
11.2 This Agreement takes effect on 15 August 2024.
11.3 Headings of all clauses are for convenience of reading only, have no independent meaning, and shall not be used as a basis for interpreting this Agreement.
11.4 If any clause is invalid or unenforceable for any reason, the remaining clauses remain valid and binding on both parties.