User Agreement

Issue Date: 2023/1/14

Effective Date: 2023/1/14

Welcome to the UGREEN service!

The UGREEN User Agreement (hereinafter referred to as "this Agreement") is made between all subjects (hereinafter referred to as "you" or "User") who use the UGREEN service (hereinafter referred to as "the Service") and Ugreen Group Limited (hereinafter referred to as "UGREEN" or "we", with registered office at Block 7, YuAn Zone, Longcheng Industrial Park, No.39, Longguan West Road, Dalang Street, Longhua, Shenzhen, China) for the use of UGREEN intelligent devices, software and other services.

The UGREEN service is a service provided to you based on the UGREEN software, which allows you to connect your personal UGREEN smart device through the UGREEN software to monitor and remotely control the operating status of the smart device. Before using the UGREEN service, please read carefully and make sure you have fully understood all the contents of this Agreement (especially the contents marked in bold), you should focus on reading the clauses that exclude and limit the liability of UGREEN and the clauses that limit the rights of users in bold font. If you are under 18 years of age, you may not use the UGREEN services. You acknowledge that you are 18 years of age or older (or in your jurisdiction, a minor) or younger but have obtained the consent of your parent or legal guardian and are fully capable of understanding, accepting and complying with these terms and conditions. If you are a user outside of mainland China, your entry into or performance of this Agreement is also subject to the laws of your region or country. By registering or using the UGREEN software, you acknowledge that you have read and signed all of the terms and conditions of this Agreement, and this Agreement shall have legal effect between you and UGREEN. If you do not agree to the terms of this Agreement, please do not use the software and services. In order to improve your experience and service content, UGREEN will provide software update service from time to time, you understand and accept that UGREEN has the right to update the software without special notice to you. At the same time, UGREEN may unilaterally make updates to the terms of this Agreement at any time, the relevant updates UGREEN will notify you in the form of an announcement or other written form. If you do not accept the adjustment or update of the relevant terms of this Agreement, you should immediately stop using the UGREEN service and inform us in writing; otherwise, you will be deemed to have accepted the updated content.

Place of contract signing and performance: Longhua District, Shenzhen

1. Service content and use instructions
2. When you use the UGREEN service, you need to download the corresponding special UGREEN software through your relevant device (personal cell phone), complete account registration, login, authorization and bind your UGREEN smart device according to the software platform prompts to enjoy the Service of monitoring and remote control of UGREEN smart device provided by UGREEN for you.
3. The device related to the Service (such as personal cell phones, UGREEN smart devices, devices related to accessing the Internet, etc.) and the required fees are to be borne by you.
4. You shall download and install the software products from the website or in the manner specified by UGREEN. Be careful not to download the software from a website other than the designated website to prevent your mobile device from being infected with malicious programs capable of destroying user data and obtaining user privacy information. If you obtain the software or an installer with the same name as the software from a third party not authorized by UGREEN, UGREEN cannot guarantee that the software can be used normally and will not be responsible for any damage caused to you as a result.

1. Guidelines for use
2. Account registration and management

(1) You should have the civil capacity to act in accordance with the laws of the People's Republic of China (or your country); if you are under the age of 18 (or in your jurisdiction, your age belongs to the category of minors), you need to register and use the UGREEN software platform account only after your guardian agrees and signs the agreement on your behalf. In the event that we collect personal information from minors with your guardian's consent to use our products or services, we will only use or disclose this information as permitted by law or regulation, as expressly agreed to by your guardian, or as necessary to protect minors.

(2) You can enjoy the Service by downloading the corresponding special UGREEN software through the relevant device (personal cell phone), registering an account on the software platform using your own cell phone number, and setting a personal password to bind your own UGREEN smart device. The ownership of the UGREEN software platform account belongs to UGREEN, you enjoy the right to use it after registration, and shall not rent, lend, transfer or give it to others for joint use.

(3) You shall be responsible for the security of your account and password. You are required to take active measures to ensure the security of your account and password. Suggested measures include, but are not limited to, not disclosing your account and password to others, setting complex passwords, and changing your password periodically. You are solely responsible for all activities that occur through or under your account, whether or not authorized by you. If you discover that someone else is using your account and password without authorization, you should immediately notify Green Union to suspend the relevant services. Please understand that a reasonable period of time will be required for UGREEN to act on your request.

(4) You have the right to modify the information in your personal account on the Software Platform, and if your password is lost, you can reset your password through the registered cell phone number according to the prompt.

(5) You must ensure the authenticity, accuracy and legitimacy of the cell phone number used to register your account. The cell phone number used for registration is the only proof of your association with the software platform. Once the cell phone number is changed, lost or cannot receive the verification code, you need to update the cell phone number to continue to use the Service.

2. Use of the Service

(1) You can add your personal UGREEN smart devices in your registered software platform account to remotely monitor and control the added devices, including but not limited to: viewing battery power, power, temperature, device status, etc., setting working mode, child lock, shutdown time, low battery warning value, etc., switching DC charging current, AC output frequency, battery temperature, etc.

(2) The Service will also depend on your network environment, hardware base (personal related device with Bluetooth or Wi-Fi function), therefore, you need to ensure that all conditions and requirements have been met before using the Service, otherwise the Service may have abnormal conditions such as delay, restricted access or denied access.

(3) You have the right to share your device to a sub-account to view and operate all the permissions in the device. In order to protect your legal rights and interests, we recommend that you only add user accounts that have a genuine need for common management, such as family members, and open the corresponding scope of permissions. We have no control over your sharing account and you should use your own discretion to decide whether to use the relevant functions and bear the corresponding losses or responsibilities.

3. Product/Service Changes

The content, parameters, price, quantity and other information advertised by UGREEN products/services are subject to change at any time. Although we will do our best to ensure the accuracy of the product/service information you view, due to the existence of Internet technology, market factors and other objective reasons, the information displayed on the platform may have a certain lag or error, you are aware of this situation and understand, and agree not to pursue the responsibility of UGREEN. If you find that the product/service information is wrong or in doubt, please do not submit an order or accept the Service, and please contact us.

III. User specifications

1. In the process of using the Service, you shall not use the software platform to store, upload, copy and disseminate information containing any information that may violate national laws, regulations, policies, public order and morals and relevant rules of UGREEN, including but not limited to the information that:

(1) endangers national security and leaking national secrets;

(2) violates national, social or collective interests and the legitimate rights and interests of citizens;

(3) engages in illegal and criminal activities;

(4) incites resistance, undermine the Constitution and the implementation of laws and administrative regulations;

(5) incites subversion of state power or overthrow of the socialist system;

(6) incites secession and undermine national unity;

(7) incites ethnic hatred, ethnic discrimination, and undermine national unity;

(8) fabricates or distorts facts, spreads rumors and disturbs the social order;

(9) promotes feudal superstition, obscenity, pornography, gambling, violence, murder, terrorism or abetting crime;

(10) insults or slanders others and infringes upon their legitimate rights and interests;

(11) damages the credibility of national organs;

(12) other violations of laws, regulations, policies, and public order and morals.

2. You shall not use the Service to engage in the following activities:

(1) accessing computer information networks or using computer information network resources without permission;

(2) deleting, modifying or adding to the functions of the computer information network that you are not entitled to access without permission;

(3) deleting, modifying or adding to the data and applications stored, processed or transmitted in the computer information network that you are not entitled to access without permission;

(4) intentionally producing, spreading computer viruses and other destructive programs that interfere with normal network information services;

(5) other behaviors that endanger the security of computer information networks.

3. You undertake that any content contained in the uploads that you own or control will not infringe any intellectual property rights and any rights of third parties; if UGREEN or any third party with whom UGREEN cooperates is subject to complaints, claims or lawsuits as a result of your infringement, you shall actively take all necessary measures to ensure that UGREEN and any third party with whom UGREEN cooperates are protected from such claims or lawsuits. You shall also be liable for any damages suffered by UGREEN and third parties with whom UGREEN cooperates as a result.The personal information involved in the information you provide will be protected in accordance with the provisions of the UGREEN Privacy Policy.
4. You agree that in the course of using the Service, you shall not have the following behaviors:

(1) interfere in any way with the normal operation of the software platform;

(2) use works, logos, logos, trademarks, etc. that UGREEN enjoys intellectual property rights without consent;

(3) obtain the registered accounts and passwords of other users through illegal or illicit means;

(4) other use of the UGREEN software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement;

(5) Other acts that damage the legitimate rights and interests of UGREEN and the image of the Company.

5. If you violate any of the above codes of conduct, UGREEN has the right to take all necessary measures, including but not limited to notice of correction, suspension of use and other measures, and to pursue your relevant legal responsibilities; if any of your actions cause losses to UGREEN or any third party (including direct economic losses, loss of goodwill and indirect economic losses such as compensation paid to external parties, settlement payments, legal fees, litigation costs, etc.), you shall bear all legal responsibilities and compensate for the losses yourself.
6. If your actions cause UGREEN to be subject to the rights of third parties, UGREEN may recover all the losses from you after it has assumed the obligation to pay money to the third parties, etc.

1. Restrictions on use
2. We have the right to refuse to send prohibited goods to countries, regions and any institutions or individuals blacklisted by the United Nations, the United States, the European Union and other countries. Also, you may not use any UGREEN manufactured or sold products for any military use, support of terrorism, nuclear facilities, biochemical weapons, missiles, weapons of mass destruction, etc.
3. You must comply with the provisions of any and all applicable domestic and international export control laws and restrictions, including any restrictions regarding destination, end-user and end-use. We reserve the right to suspend, restrict or terminate your access to the Service or any part thereof for the purpose of complying with any such export control laws and restrictions.

1. Ownership and intellectual property protection
2. Except for personal information uploaded by you while using the UGREEN service, UGREEN has exclusive ownership and rights in the visual interface, graphics, design, firmware, software, services and all elements thereof, including but not limited to all content, data, technology, software, code, user interfaces, software platform logos, and any derivative works related thereto, of UGREEN products/services. intellectual property rights ("Our Intellectual Property"). No one may use, copy or imitate Our Intellectual Property in any way, including our trademarks or product names, logos, domain names or other distinctive brand features (except as otherwise expressly provided in these terms), or indicate to any third party, expressly or impliedly, that you have the right to use, copy or imitate Our Intellectual Property without UGREEN's written permission.
3. All rights in any software (including, without limitation, any images, video, audio, music, text, additional programs, etc. contained in the software) created/used to provide the Service belong to UGREEN, and you may not reverse engineer, decompile or disassemble, or otherwise discover the original code of, such software without the written permission of UGREEN, and commit any alleged infringement of intellectual property rights.

1. Privacy Protection
2. UGREEN fully respects your private information and promises to take reasonable measures to protect your private information to the fullest extent in accordance with the UGREEN Privacy Policy published by the UGREEN software platform. Please read the Privacy Policy in detail to help you better protect your personal privacy.
3. UGREEN attaches great importance to the protection of the personal information of minors. If you are a minor under the age of 18 (or in your jurisdiction, your age falls under the category of minors), you must sign this Agreement, use the UGREEN service and provide personal information with the consent of your guardian; if your guardian does not agree with you to do so, please immediately stop using the UGREEN service and promptly notify UGREEN; if you are the guardian of a minor and the person under your guardianship has used the UGREEN service or provided personal information without your consent, please also promptly inform UGREEN, and UGREEN will promptly perform operations such as information deletion and account closure upon your request.
4. The content of this Agreement includes the body of this Agreement, the UGREEN Privacy Policy, which is an integral part of this agreement, and your acceptance of this agreement is deemed to be your acceptance of the UGREEN Privacy Policy.

VII. Changes, Interruptions and Termination of services

1. In order to better improve user experience and services, UGREEN will provide software updates or change services from time to time (including but not limited to software modifications, upgrades, feature enhancements, development of new services, software replacements, etc.). In order to ensure the safety of the software and related services and to enhance user services, after the Software and related services are updated or part of the services are updated, where possible, UGREEN will prompt the user by means including but not limited to system prompts, announcements, in-site letters, etc. The user has the right to choose to accept the updated version or services, if the user does not accept, some functions will be restricted or cannot continue to use.
2. UGREEN will do its best to provide you with consistent and secure services. However, you understand and agree that UGREEN cannot at any time foresee and protect against technical and other risks, including but not limited to force majeure, viruses, trojan horses, hacker attacks, system instability, third party service defects or various other security issues that may result in service interruption, data loss and other losses and risks.
3. We may suspend, cancel or limit your access, in whole or in part, temporarily or permanently, at any time in accordance with the law, without liability to any person or third party. We will make every effort to notify you before taking any of the foregoing actions. However, we may immediately and permanently or temporarily restrict, cancel or terminate all or part of your privileges without prior notice to you, including the cancellation of the relevant outstanding order, the termination of a contract, or the cancellation of your account, when any of the following occurs:

(1) you breach, or UGREEN has reason to believe that you are about to breach, this Agreement, including any covenants, policies or guidelines contained therein;

(2) fraudulent or illegal activity by you or anyone acting on your behalf, or providing false or misleading information to UGREEN;

(3) respond to requests from law enforcement or governmental authorities in accordance with valid legal process.

(4) to perform urgent system or hardware maintenance updates;

(5) for unforeseen technical, security or operational reasons;

(6) You repeatedly post information in the comment section or inquiry area that is not related to the goods or services sold, or repeatedly make negative comments with malicious intent, in violation of the platform's credit rating system;

(7) Seeking benefits through improper means (such as external tools, network attacks, bank card theft, etc.) or other illegal or infringing third parties' interests;

(8) Engaging in claims or resale business through account shopping (e.g., wholesale, retail);

(9) Abusive, personal attacks on sellers or customer service personnel without cause;

(10) Repeatedly rejecting goods or refusing to accept services within a short period of time for reasons other than the quality of the goods/services;

(11) you provide order information (including but not limited to name, phone number, ID number, email address, etc.) that is untrue, inaccurate or incomplete;

(12) you have other acts that affect the normal operation order of the platform or violate the law.

4. The expiration or termination of this Agreement shall not affect the provisions of this Agreement that are expressly stated to be operative or continue in force after its expiration or termination, nor shall it affect any accrued interest or obligation or any right or obligation that shall continue in force after the expiration or termination of this Agreement.
5. Any provision of this Agreement that is expressly stated to or by its nature shall survive termination of this Agreement shall remain in full force and effect after termination of this Agreement until the conditions in such provision are satisfied or by its nature shall expire.

VIII. Disclaimers

1. Our services (including but not limited to the website, materials, user submissions, any products or services offered on our services and all information, software, facilities, services, related communications and other content) are provided on an "as is", "as available" and provided on an "as is", "as available" and "without warranty of any kind" basis. UGREEN may be affected by a variety of factors in the course of providing the service, including, but not limited to, failure of the underlying communications network, technical defects, coverage limitations, force majeure, computer viruses, hacker attacks, user location, user shutdown or other events not within the technical capabilities of the service, which may result in interruption of the service, loss of content, garbled code, and other losses and risks affecting normal use. You understand and agree that UGREEN is not responsible for the above-mentioned situations.
2. The software platform may contain products or services provided by third parties, and information and services in the relevant third-party websites or applications are provided by third parties. When you use the products or services provided by third parties in the software, you shall comply with the user agreement of the third party in addition to this Agreement. The legality, security and authenticity of the information and services in the third-party website or application are not under the control and responsibility of UGREEN and shall be the responsibility of the operator of the third-party website or application, and you shall carefully judge the legality of the third party website or service in the application, etc. You shall negotiate with the operator of the third-party website or application to resolve the following situations:

(1) the third-party website or application acts against your interests;

(2) a dispute arises when a third-party website or application uses your cell phone number information;

(3) you suffer losses in the process of using the third-party website or application;

(4) other cases where the third-party website or application infringes on your personal interests.

3. In order to use the Service, you are required to pay for the network communication fees that may be incurred by third parties providing network access services (e.g., Internet, phone communication) and to equip yourself with all necessary devices (e.g., phone) required to use the Service. The normal costs incurred in this way are your responsibility and you should not ask UGREEN to bear them.
4. The Service may be subject to periodic or occasional maintenance or updates to the software platform or related devices used to provide the Service. If the Service is interrupted for a reasonable period due to such circumstances, please understand and agree that UGREEN shall not be liable for any damages resulting therefrom, but UGREEN will endeavor to notify you of such maintenance or updates in advance.
5. If UGREEN undergoes bankruptcy, mergers and acquisitions or other major changes, UGREEN has the right to transfer part or all of the Service, temporarily discontinue or permanently terminate the Service according to the actual situation, without any liability to you or any third party, but UGREEN shall notify you of the relevant news through the service platform or UGREEN's website in advance as far as possible, without separately notifying users.
6. It is the joint responsibility of UGREEN and you to maintain the security and normal use of the system and software, and UGREEN will take the necessary technical measures to protect the security of your information and data in a reasonably prudent manner in accordance with industry standards, but you and UGREEN jointly confirm that UGREEN shall not be held responsible for the following circumstances:

(1) the UGREEN service does not meet your requirements for non-routine use;

(2) disputes or losses suffered as a result of your authorization to third parties (including third-party applications) to use your account.

7. UGREEN shall not be liable for any direct, indirect damages for loss of profits, business reputation, any loss of use, loss or interruption of business, loss of revenue content or loss or destruction of data, or other tangible or intangible losses arising out of:

(1) your infringement or violation of law;

(2) your improper use of UGREEN's products/services;

(3) damage to the device related to this product/service that is at your sole expense;

(4) unauthorized use or modification of your data;

(5) any natural disaster, such as a flood, earthquake, global pandemic or epidemic;

(6) any social event, such as war, unrest or government action;

(7) any computer virus, Trojan horse or other damage resulting from malicious programs or hacking attacks;

(8) any failure or malfunction of our software or your software, system, hardware or connection;

(9) your failure to save or back up any data or other content;

(10) any loss resulting from any content, programs or services provided by any party (other than us or our affiliates);

(11) any loss or damage that is beyond our reasonable control, unforeseen, indirect, special, consequential, exemplary or punitive. For the purposes of these Terms, loss or damage is foreseeable if it is obvious that it will occur or if, at the time of entering the contract, we and you both know that such loss or damage is likely to occur.

8. The UGREEN software service is provided to you free of charge and neither UGREEN nor its affiliates, subsidiaries, directors, agents, employees or other representatives shall be liable for any damages, including direct, indirect, special, incidental, punitive damages, arising out of the service, use or reliance on the contents of the service.
9. The total cumulative liability of us and our affiliates for all claims arising out of this Agreement or UGREEN in any event shall not exceed the higher of the following amounts: the amount paid by you for the use of UGREEN services six months prior to the date of your last claim; and, the price paid for the PowerRoam Portable Power Station.
10. Other
11. Based on developments and changes in business, products, laws, policies, etc., we will do our best to cover and explain your rights and obligations with UGREEN, but cannot fully guarantee that the terms of this Agreement completely cover all your rights and obligations with UGREEN, or that it fully meets the needs of developments. Legal Notices of UGREEN, UGREEN Privacy Policy, Product Terms of Use, Product Manuals, Notices, Announcements, Operating Rules, Help Documents, and Warm Tips are all supplementary agreements to this Agreement, and are inseparable from and have the same legal effect as this Agreement. If you use our service, you are deemed to agree to the above supplementary agreement.
12. By using the Service or registering, you are deemed to have read and accepted this Agreement. All notices to you under this Agreement may be given by means of web posting, email, SMS or regular mail transmission, and such notices shall be deemed to have been delivered on the date they are sent.
13. If any part or provision of this Agreement is unlawful, void or unenforceable, that part shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.
14. The laws of mainland China (excluding Hong Kong, Macao and Taiwan) shall apply to the conclusion, performance, interpretation and dispute resolution of this Agreement. Any dispute arising from or in connection with this Agreement shall be submitted to the Shenzhen Court of International Arbitration (the SCIA) for arbitration.
15. This Agreement constitutes the entire agreement between UGREEN and you with respect to the matters agreed herein and related matters, and does not confer any other rights on the parties hereto except as expressly provided herein.
16. If you have any questions about the content of this agreement or in the process of using UGREEN services, you can contact us through the "Technical Support" on the UGREEN software platform. You can also send an email to cntech@ugreen.comat any time, and we will answer you as soon as possible.

Other countries’ user-specific terms

United States

If you are a user in the United States, the following additional terms apply to you; in the event of any inconsistency between the following terms and the above terms, the following terms shall prevail.

If you reside (or have your principal place of business) in the United States, you and we irrevocably agree that the parties hereto irrevocably waive any and all rights to a trial by jury or to participate in a class action lawsuit in any legal proceeding arising out of or relating to these terms or the transactions under these terms.

In the event of a dispute, you and we agree to attempt to resolve it informally within the 60-day period. If you and we are unable to reach an informal resolution within the 60-day period, you and we agree to arbitrate and not to litigate in court before a judge or jury. Instead, a neutral arbitrator will render an award, and that arbitrator's award will be final. The parties agree not to pursue class actions, class arbitrations, private attorney-general actions, and any other actions acting in a representative capacity, or to permit the consolidation of individual actions without the consent of the parties. If any other provision of the arbitration clause is found to be unlawful or unenforceable, that provision will be severed, but the remaining provisions of the arbitration will still apply.

If you are a California resident, then (except to the extent prohibited by applicable laws) you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party”.

Australia

If you are a user in Australia, the following additional terms will apply to you; in the event of any inconsistency between the following terms and the above terms, the following terms will prevail.

To the maximum extent permitted by applicable law or regulation, all warranties, guarantees, representations or other terms and conditions, express or implied, relating to these terms or their subject matter, but not included in these terms, are excluded from these terms.

Nothing in these terms shall exclude, limit or modify any warranty, guarantee, term or condition, right or remedy implied or imposed by any applicable law or regulation which cannot be lawfully excluded, limited or modified.

If any applicable law or regulation implies or imposes any warranty, condition, guarantee or term that cannot be excluded ("non-excludable provision"), our liability for breach of the non-excludable provision is limited to one or more of the following, at our option.

In the case of services, the re-provisioning of services or payment for the re-provisioning of services.

European Union

If you are a user in the European Union, the following additional terms will apply to you; in the event of any inconsistency between the following terms and the terms above, the following terms will prevail.

If any service or feature we provide causes damage to your device or digital content due to our failure to use reasonable care and skill, we will repair the damage or pay you reasonable compensation for such damage. However, we will not be liable for damages that could have been avoided if you had used the updates provided to you free of charge in accordance with our recommendations, or for damages caused by your failure to properly follow the installation instructions or our recommended minimum system requirements. If you use UGREEN or the services and features for any commercial or business purpose, we will not be liable to you for any lost profits, loss of business, business interruption or loss of business opportunity.