Hotmind Smart Product Service Agreement
Welcome to hotmind smart products and related services. Before accepting this Agreement, you should carefully read the entire content of this Agreement and fully understand all terms, especially clauses relating to limitations of liability and disclaimers. Such clauses may be highlighted in bold or other conspicuous forms. If you have any questions regarding this Agreement, please contact the relevant business department of hotmind.
Unless you have read and accepted all terms of this Agreement and related agreements and rules, you have no right to use the Service. Once you select "Agree and Submit" or similar wording on the relevant page and complete the registration process, or use the Service in any manner, including downloading, installing, logging in, binding a device, or using product functions, you shall be deemed to have read and agreed to be bound by this Agreement and related agreements and rules.
If you violate any provision of this Agreement, hotmind has the right to take measures including restricting, suspending, or terminating the provision of services to you based on the circumstances of your violation, and has the right to pursue your relevant liability in accordance with law.
This Service Agreement ("Agreement") is entered into by and between you and AINET LIMITED ("hotmind"). AINET LIMITED is a limited company incorporated in Hong Kong, with its registered address at: Rm 305-306, 3/F, New East Ocean Centre, 9 Science Museum Road, Tsim Sha Tsui East, Kowloon, Hong Kong.
This Agreement includes but is not limited to the hotmind Privacy Policy. If this Agreement or related rules are changed, hotmind will publish the changes through its official website, App notices, announcements, or other reasonable methods, without separate individual notice. The amended agreement and rules shall automatically become part of this Agreement upon publication. If you do not agree to the relevant changes, please stop using hotmind services immediately. If you continue to use the services, you shall be deemed to have accepted and agreed to comply with the amended agreement and rules.
1. Definitions
1.1. Licensed Software: refers to software systems developed, provided, or operated by hotmind, including but not limited to Apps, firmware, web programs, and related updated versions, provided for you to download, install, and use on designated systems or terminal devices.
1.2. Service: refers to the products and related services provided by hotmind. You may use the Service through the Licensed Software on mobile terminals or other supported devices.
1.3. hotmind Product: refers to smart hardware products provided or supported by hotmind, together with their supporting software, firmware, cloud services, and related functions.
2. Service
2.1. hotmind provides you with smart product usage and management services. You may use the hotmind Licensed Software to connect, configure, view status, perform basic control, receive messages, view data, update firmware, and conduct other related operations for bound hotmind Products.
2.2. The Service may be optimized, modified, suspended, or terminated based on user needs, product iteration, system maintenance, technical upgrades, legal and regulatory requirements, or the reasonable judgment of the service provider.
3. Scope of Service
3.1. AINET LIMITED grants you a limited right to use the Product and the Licensed Software.
3.2. You shall not license, sell, lease, transfer, distribute, or otherwise commercially exploit the Product, Licensed Software, or Service in any form.
3.3. Due to software adaptation, platform, and terminal limitations, you may only use the Licensed Software on system platforms, terminal devices, and usage environments authorized or supported by hotmind. Installing or running the Licensed Software on unauthorized, incompatible, or abnormal terminal devices may cause hardware or software malfunction or data loss, and the related risks shall be borne by you.
3.4. Unless otherwise agreed in writing, the Licensed Software and Service are provided only for lawful, normal, and reasonable use. Without prior written authorization from hotmind, you shall not use the Licensed Software or Service for commercial operation, secondary distribution, batch management, platform resale, or any other purpose beyond ordinary user use.
3.5. hotmind may from time to time change, upgrade, maintain, or adjust the Licensed Software and its related functions, and may add new functions or services. If no separate agreement is entered into for such new functions or services, this Agreement shall continue to apply.
3.6. You shall be responsible for the accuracy, reliability, completeness, and legality of the data you input, upload, configure, or manage, and shall ensure that your acquisition, use, and processing of relevant data are lawful and compliant. You should back up relevant data and materials as needed. Losses caused by failure to back up, improper operation, or unlawful data sources shall be borne by you.
3.7. You shall properly keep your account, password, verification code, device binding information, and other identity credentials secure. If you discover any security risk relating to your account or device, including but not limited to password leakage, unauthorized login, or abnormal device binding, you should promptly notify hotmind. hotmind will assist you in taking relevant measures within a reasonable scope. Otherwise, all actions under your account or device and the resulting liability shall be borne by you.
4. Third Parties
4.1. You acknowledge that part of hotmind's services may be based on software, systems, interfaces, networks, cloud services, message push services, app stores, payment services, or other services provided by third parties, in order to enable normal use of relevant functions.
4.2. hotmind may include certain information and services from third parties. hotmind does not control the stability, security, accuracy, or availability of third-party services, and shall not assume liability for such third-party services beyond the scope required by law.
4.3. You understand that hotmind cannot guarantee that the Licensed Software will permanently use or include any particular third-party service, nor can hotmind guarantee that it will continue to use software or services provided by the same third party in the future. hotmind may replace, adjust, or cease using relevant third-party services based on business and technical needs. Once the corresponding third-party software or service is enabled, this clause shall apply accordingly.
5. Service Usage Rules
5.1. You shall use the Licensed Software and Service in a standardized manner. The following acts constitute violations of the usage rules:
- Publishing, transmitting, or sharing computer viruses, Trojan horses, worms, malicious code, or other software, programs, or content that intentionally destroys or interferes with computer systems, networks, devices, or data;
- Collecting, scraping, storing, or using information or data of other users without authorization;
- Using the Product or Service in an automated, batch, abnormally high-frequency, or otherwise unreasonable manner, thereby placing excessive burden on servers, networks, or systems;
- Attempting to access, probe, scan, attack, crack, or otherwise compromise hotmind servers, systems, interfaces, networks, data, or communications without authorization;
- Interfering with, disrupting, or restricting other users' normal use of the Product or Service;
- Using the Product or Service to engage in illegal, infringing, fraudulent, network-security-endangering, or other activities that damage the lawful rights and interests of hotmind or any third party.
5.2. You understand and agree that:
- hotmind has the right to determine whether you are suspected of violating the above usage rules, and may suspend or terminate your license to use, or take other restrictive measures permitted under this Agreement, based on such determination;
- For information published, uploaded, transmitted, or processed by you during use of the Licensed Software or Service that is suspected of being illegal, infringing, or in violation of this Agreement, hotmind has the right to delete, block, restrict access to, or take other necessary measures in accordance with law or this Agreement;
- If your violation of the above usage rules causes damage to any third party, you shall independently bear legal liability in your own name and ensure that hotmind does not suffer any loss or increased expense as a result; otherwise, hotmind has the right to seek compensation from you;
- If you violate relevant laws and regulations or this Agreement and cause any loss to hotmind, you shall compensate hotmind for the losses incurred and/or reasonable expenses paid.
6. Information Content Rules
6.1. You undertake not to use the Service to engage in any illegal or improper activities, including but not limited to uploading, transmitting, publishing, sharing, storing, or processing information containing any of the following:
- Content that endangers national security, public safety, or social order;
- Content involving terrorism, violence, hatred, discrimination, threats, harassment, or incitement to crime;
- Content involving obscenity, pornography, gambling, fraud, false advertising, or other illegal activities;
- Content that insults or defames others, or infringes upon others' reputation rights, privacy rights, portrait rights, intellectual property rights, trade secrets, or other lawful rights and interests;
- Content containing viruses, Trojan horses, malicious code, or content that may damage the security of systems, devices, networks, or data;
- Content that violates the laws of the Hong Kong Special Administrative Region, the laws of your location, the laws of the place where the Service is used, or other applicable laws and regulations;
- Other content that is restricted or prohibited by law.
7. Privacy Policy and Data
7.1. Protecting your personal information is important to hotmind. hotmind has formulated the hotmind Privacy Policy, which explains the collection, use, storage, sharing, transfer, and protection of personal information. It is recommended that you read the hotmind Privacy Policy in full.
7.2. To enable device connection, function control, status viewing, message notifications, firmware upgrades, troubleshooting, after-sales support, and service optimization, hotmind may lawfully collect and process necessary account information, device information, log information, network information, usage records, and other necessary data.
7.3. hotmind will process your personal information in accordance with applicable data protection laws and regulations, including personal data protection laws applicable in the Hong Kong Special Administrative Region and other regional data protection rules applicable in specific scenarios.
8. Disclaimer
8.1. Except where expressly required by laws and regulations, hotmind will use reasonable efforts to ensure the security, effectiveness, accuracy, and reliability of the technology and information involved in the Licensed Software and Service. However, due to existing technical conditions, the internet environment, communication networks, terminal devices, system compatibility, and third-party services, hotmind cannot provide an absolute guarantee.
8.2. You understand that hotmind shall not be liable, to the extent permitted by law, for your direct or indirect losses caused by force majeure, third-party reasons, or reasons beyond hotmind's reasonable control.
8.3. You shall bear any personal injury, incidental damages, indirect damages, or other losses arising from or related to any of the following circumstances:
- Unauthorized use of the Licensed Software, account, or device by a third party, or alteration of your data by a third party;
- Costs and losses arising from your use of the Licensed Software, Product, or Service;
- Your failure to use the Product or Service in accordance with the user manual, operating instructions, safety notices, or this Agreement;
- Your disassembly, repair, or modification of the Product, or your use of software, plug-ins, interfaces, firmware, or third-party tools not authorized by hotmind;
- Your misunderstanding of the Licensed Software, product functions, or service content;
- Other losses related to the Licensed Software, Product, or Service that are not caused by hotmind's intentional misconduct or gross negligence.
8.4. Any software, program, or service derived from the Licensed Software that is developed, modified, released, or distributed without authorization from hotmind may involve security risks. Downloading, installing, or using such software, programs, or services may lead to unforeseeable risks. The legal liability and disputes arising therefrom have no relation to hotmind, and hotmind has the right to suspend or terminate the use license and/or other services.
8.5. You acknowledge that use of hotmind Products and Services involves internet services and may be affected by unstable factors at various stages. Although hotmind has taken reasonable security measures, due to the inherent characteristics of the internet and electronic communications, as well as events beyond the reasonable control of any party to this Agreement, including but not limited to fire, flood, terrorist attack, epidemic, natural disaster, riot, terminal virus, hacker attack, network failure, terminal failure, and third-party service failure, the Service may still be suspended, interrupted, delayed, restricted, or rendered unavailable. You agree to assume the above risks to the extent permitted by law.
9. Agreement Termination and Liability for Breach
9.1. You understand that using hotmind services requires use of the Licensed Software within the authorized scope, respect for the intellectual property rights of the software and its content, standardized use of the software, Product, and Service, and performance of your obligations under this Agreement. If you materially violate this Agreement, hotmind has the right to terminate your use license and related services.
9.2. Your use of the Licensed Software and Service may rely on supporting services provided by hotmind's affiliates, partners, or third parties. Violation of relevant terms, agreements, rules, notices, or other provisions may result in your inability to use all or part of the Service normally, and hotmind has the right to terminate the use license or take restrictive measures based on the actual circumstances.
9.3. Once you violate this Agreement or any other agreement entered into with hotmind, hotmind may take restrictive measures in accordance with law or agreement, including suspending or terminating part or all of the services provided to you, and notifying relevant affiliates, partners, or third parties to cooperate within the necessary scope.
9.4. If you obtain the Licensed Software through an app store, download platform, system platform, or other channel, you shall also comply with the agreements and restrictions imposed by such platform and terminal manufacturers on the use of the Licensed Software. If the relevant third party confirms your violation and requests hotmind to handle it, hotmind may restrict or terminate your use license based on the actual circumstances.
9.5. Upon termination of this use license, you shall stop using the Licensed Software and related services, and delete or destroy copies of the Licensed Software as required by hotmind.
9.6. If your violation of this Agreement causes hotmind, its affiliates, partners, other users, or any third party to suffer losses, claims, penalties, expenses, or other damages, you shall bear the corresponding liability for compensation.
10. Governing Law and Severability
10.1. The formation, validity, interpretation, amendment, performance, termination, and dispute resolution of this Agreement shall be governed by the laws of the Hong Kong Special Administrative Region, excluding its conflict of laws rules.
10.2. Any dispute arising out of or in connection with this Agreement or hotmind Products and Services shall first be resolved through friendly consultation between the parties. If consultation fails, either party may submit the dispute to a court of competent jurisdiction in Hong Kong.
10.3. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity of the remaining provisions shall not be affected. The parties shall replace the invalid provision with a lawful and valid provision that most closely reflects the original purpose of such provision.
10.4. hotmind's failure or delay in exercising any right under this Agreement shall not constitute a waiver of such right.
10.5. The headings of this Agreement are for reading convenience only and shall not affect the meaning or interpretation of the provisions.
10.6. If this Agreement is available in Chinese, English, or other language versions, unless otherwise expressly stated, the Chinese version shall prevail.
