【Important Notes】
【EasyLink Intelligent Lighting Technology Shenzhen Company】(hereinafter referred to as “EasyLink Intelligent”) hereby reminds users to carefully read and fully understand this “User Agreement” (hereinafter referred to as “this Agreement”). Users should carefully read and fully understand the terms in this Agreement, especially those involving exemption or limitation of EasyLink Intelligent’s liability, dispute resolution and applicable law. The terms of exemption or limitation of liability will be marked in bold, and you need to read them carefully. Please read carefully and choose to accept or not accept this Agreement (minors should read it in the company of their legal guardians). Your downloading, installation, use of this software, account acquisition and login, etc. will be deemed as acceptance of this Agreement, and you agree to be bound by the terms of this Agreement. EasyLink Intelligent has the right to revise this Agreement, and the updated terms of the agreement will be published on the official website or software and will take effect from the date of publication. Users can re-download and install this software or the website to view the latest version of the terms of the agreement. After EasyLink Intelligent modifies the terms of this Agreement, if the user does not accept the modified terms, please immediately stop using the software and services provided by EasyLink Intelligent. If the user continues to use the software and services provided by EasyLink Intelligent, it will be deemed that the modified agreement has been accepted.
1、General
1.1.This Agreement is an agreement between you (hereinafter referred to as “User”) and EasyLink Intelligent and its operating partners (hereinafter referred to as “Partners”) regarding the downloading, installation, and use of the “LotusLamp X” software (hereinafter referred to as “the Software”) and the use of EasyLink Intelligent related services.
1.2.This software and service is provided by EasyLink Intelligent and installed on, but not limited to, mobile smart terminal devices. It provides official drivers and EasyLink Intelligent services to users of the smart terminal.
1.3.The ownership and operation rights of this software and services belong to Yealink Intelligent Control.
2、Software Authorization Scope
2.1. EasyLink Intelligent Control grants users a personal, non-transferable, non-sublicensable and non-exclusive license for this software.
2.2. Users may install, use, display, and run the Software on a single mobile terminal device for non-commercial purposes. However, users may not install, use, or run the Software for commercial purposes, and may not copy, change, modify, mount, or create any derivative works of the Software or the data released to the memory of any terminal device during the operation of the Software, or the interactive data between the client and the server during the operation of the Software, including but not limited to the use of plug-ins, external plug-ins, or unauthorized third-party tools/services to access the Software and related systems. If commercial sales, copying, and distribution are required, such as pre-installation and bundling of software, written authorization and permission from EasyLink Intelligent must be obtained.
2.3. Without EasyLink Intelligent’s permission, the User shall not install the Software on other terminal devices that have not been expressly permitted by EasyLink Intelligent, including but not limited to set-top boxes, game consoles, televisions, DVD players, etc.
2.4. The user may make a copy of the Software for the purpose of using the Software and Services only as a backup. The backup copy must contain all copyright information contained in the original Software.
2.5. Except as expressly authorized in this Agreement, EasyLink Intelligent does not authorize the user to use other rights. If the user exercises other rights, they must obtain the written consent of Yealink Intelligent.
3、Software acquisition, installation, and upgrade
3.1. Users should download and install this software product in accordance with the designated website or method of EasyLink Intelligent. Be careful not to download this software from non-designated websites to prevent mobile terminal devices from being infected with malicious programs that can damage user data and obtain user privacy information. If users obtain this software or an installation program with the same name as this software from a third party that is not authorized by Yealink Intelligent, EasyLink Intelligent cannot guarantee that the software can be used normally and will not be responsible for any losses caused to you.
3.2. Users must select a version of this software that matches the terminal device on which it is installed. Otherwise, any software problems, device problems or damages caused by the mismatch between the software and the device model will be borne by the user.
3.3. In order to improve user experience and service content, EasyLink Intelligent has the right to provide you with replacement, modification, and upgrade versions of the Software from time to time, and also has the right to charge fees for replacement, modification, or upgrade, but will obtain your consent in advance. This software enables the “upgrade reminder” function by default for users. Depending on the software version used by the user, Yealink Intelligent provides users with the option to choose whether to enable this function. After the new version of the software is released, EasyLink Intelligent does not guarantee the continued availability of the old version of the software.
4、Usage Guidelines
4.1. Users may use this software and services in accordance with this Agreement on the premise of complying with the law and this Agreement. Users shall not conduct the following acts:
4.1.1. Delete all copyright information from the Software and other copies, and modify, delete or circumvent the technical measures set by the Software to protect intellectual property rights;
4.1.2. Reverse engineer the Software, such as disassembling, decompiling, or otherwise attempting to obtain the source code of the Software;
4.1.3. By modifying or forging the instructions or data in the operation of the software, adding, deleting, or changing the functions or operating effects of the software, or operating or disseminating to the public the software or methods used for the above purposes, regardless of whether these actions are for commercial purposes;
4.1.4. Use this software to conduct any behavior that endangers network security, including but not limited to: using unauthorized data or accessing unauthorized servers/accounts; accessing the public network or other people’s operating systems without permission and deleting, modifying, or adding stored information; attempting to detect, scan, or test the weaknesses of the software system or network without permission, or other behaviors that undermine network security; attempting to interfere with or disrupt the normal operation of the software system or website, intentionally spreading malicious programs or viruses, and other behaviors that disrupt and interfere with normal network information services; forging TCP/IP data packet names or parts of names
4.1.5. The user logs in or uses the Software and Services through third-party compatible software or systems that are not developed, authorized or approved by Yealink Intelligent Control, or produces, publishes or disseminates the above tools;
4.1.6. Without the written consent of EasyLink Intelligent, the user may arbitrarily carry out the following acts on the software and the information therein, including but not limited to: use, rent, lend, copy, modify, link, reprint, compile, publish, establish mirror sites, or arbitrarily use the software to develop derivative products, works, services, plug-ins, external plug-ins, compatibility, interconnection, etc. related to the software;
4.1.7. Use this software to publish, transmit, disseminate, or store content that violates national laws, endangers national security, national unity, social stability, public order and good morals, or any inappropriate, insulting, defamatory, obscene, violent, or any content that violates national laws, regulations, or policies.；
4.1.8. Use this software to publish, transmit, disseminate, or store content that infringes upon the intellectual property rights, trade secrets, or other legal rights of others;
4.1.9. Use this software to publish, transmit, and disseminate advertising information and junk information in batches;
4.1.10. Use the Software and other services provided by Yealink Intelligent Control in any other illegal manner, for any illegal purpose, or in any manner inconsistent with the use permitted by this Agreement;
4.2. Information Release Specifications
4.2.1．You can use this software to publish your original or authorized opinions, data, text, information, user names, images, photos, personal information, audio, video files, links and other information. You must ensure that you own the intellectual property rights of the information you upload or have obtained legal authorization, and that any use of this software and service by you does not infringe the legal rights of any third party.
4.2.2．When using this software, you must abide by the “seven bottom lines” requirements, including laws and regulations, the socialist system, national interests, citizens’ legitimate rights and interests, social public order, moral standards and information authenticity.
4.2.3．When using this software, you may not use this software to engage in the following activities, including but not limited to:
4.2.3.1.Production, reproduction, publication, dissemination, and storage of content that violates national laws and regulations: (1) Opposing the basic principles established by the Constitution; (2) Endangering national security, leaking state secrets, subverting the state power, and undermining national unity; (3) Damaging the honor and interests of the state; (4) Inciting ethnic hatred and discrimination, and undermining national unity; (5) Undermining the state’s religious policies, promoting cults and feudal superstitions; (6) Spreading rumors, disrupting social order, and undermining social stability; (7) Spreading obscenity, pornography, gambling, violence, murder, terror, or abetting crimes; (8) Insulting or slandering others, infringing on the legitimate rights and interests of others; (9) Inciting illegal assembly, association, procession, demonstration, or gathering to disrupt social order; (10) Acting in the name of an illegal non-governmental organization; (11) Containing other content prohibited by laws and administrative regulations.
4.2.3.2.Publish, transmit, disseminate, or store content that infringes upon others’ reputation, portrait rights, intellectual property rights, trade secrets, or other legal rights;
4.2.3.3.Fabricating facts and concealing the truth to mislead or deceive others;
4.2.3.4.Publish, transmit, and disseminate advertising information and junk information;
4.2.3.5.Engage in other activities that violate laws, regulations, policies, public order, good customs, and social ethics.
4.2.4. Without EasyLink Intelligent’s permission, you may not conduct any commercial activities such as publishing advertisements or selling goods in this software.
4.3.You understand and agree that:
4.3.1. EasyLink Intelligent will determine whether the user is suspected of violating the above usage regulations, and suspend or terminate your use license or take other restrictive measures that can be taken in accordance with this agreement based on the determination results;
4.3.2. EasyLink Intelligent will directly delete any information that is suspected of being illegal or infringing upon the legal rights of others or violating this Agreement when the user uses the licensed software;
4.3.3. If the user violates the above usage regulations and causes damage to a third party, you need to bear the legal responsibility independently in your own name and ensure that EasyLink Intelligent is free from losses or increased costs;
4.3.4．If the user violates relevant laws or agreements, causing EasyLink Intelligent to suffer losses, or be subject to claims from third parties, or be punished by administrative authorities, the user shall compensate EasyLink Intelligent for the losses and (or) expenses incurred thereby, including reasonable attorney fees and investigation and evidence collection costs.
5、Privacy Policy and Personal Information Protection
5.1. Protecting your personal information is important to EasyLink Intelligent. In order to provide software functions and improve user experience, EasyLink Intelligent will collect the following types of data:
5.1.1. Device-related information: information related to your device hardware, performance, status, applications, etc. For example, system version, device manufacturer information, model name, device and motherboard identification code, CPU usage, installed and used applications.
5.1.2. Information we specify about you: We may collect and use information such as EasyLink Intelligent account number.
5.1.3. Network usage information: We may collect network type, network signals, etc. related to certain functions of the EasyLink Intelligent software you use.
6、Service Risks and Disclaimer
6.1. Users must equip themselves with mobile terminal devices to access the Internet and use telecommunications value-added services, and bear the costs of using their own mobile terminal devices to access the Internet or the communication fees, information fees, etc. charged by third parties (including but not limited to telecommunications or mobile communication providers). If telecommunications value-added services are involved, we recommend that you confirm the relevant fee issues with your telecommunications value-added service provider.
6.2. EasyLink Intelligent and its partners are not responsible for any losses suffered by users due to third-party reasons such as communication line failure, technical problems, network and mobile terminal equipment failure, system instability and other force majeure.
6.3. This software, like most Internet software, is affected by factors including but not limited to user reasons, network service quality, social environment, etc., and may be affected by various security issues, such as others using user information to cause harassment in real life; other software downloaded and installed by users or other websites visited by users contain viruses such as “Trojan Horses”, threatening the security of user terminal device information and data, and then affecting the normal use of this software, etc. Users should strengthen their awareness of information security and user data protection, and pay attention to strengthening password protection to avoid losses and harassment.
6.4. When users use this software or require Yealink Intelligent to provide specific services, this software may call third-party systems or third-party software to support users’ use or access. The results of use or access are provided by the third party. EasyLink Intelligent does not guarantee the security, accuracy, effectiveness and other uncertain risks of the results achieved through third-party systems or third-party software support. EasyLink Intelligent does not assume any responsibility for any disputes and damages caused by this.
6.5. EasyLink Intelligent specifically reminds users that in order to protect the autonomy of business development and adjustment, EasyLink Intelligent reserves the right to modify or interrupt services at any time without notifying users. EasyLink Intelligent does not assume any responsibility to users or any third party for exercising the right to modify or interrupt services.
6.6. Except as otherwise expressly provided by laws and regulations, we will do our utmost to ensure that the software and the technologies and information involved are safe, effective, accurate and reliable. However, due to the limitations of existing technology, users understand that EasyLink Intelligent cannot guarantee this.
6.7. The user shall be solely responsible for any personal injury or incidental or indirect economic damages caused by or related to any of the following circumstances, including but not limited to damages for loss of profits, loss of data, business interruption or other commercial damages or losses: (1) 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) expenses and losses incurred by the user’s use of the software; (4) misunderstanding of the software by the user; (5) other losses related to the software not caused by EasyLink Intelligent.
6.8. The party at fault shall bear all liability for any personal or economic injury or loss caused or likely to be caused by your being misled or deceived as a result of the actions conducted through the software between the user and other users of the software in accordance with the law.
7、Intellectual Property Statement
7.1. EasyLink Intelligent is the intellectual property rights holder of the Software. All copyrights, trademarks, patents, trade secrets and other intellectual property rights of the Software, as well as all information content related to the Software (including but not limited to text, pictures, audio, video, graphics, interface design, layout framework, relevant data or electronic documents, etc.) are protected by the laws and regulations of the People’s Republic of China and relevant international treaties, and EasyLink Intelligent enjoys the above intellectual property rights.
7.2 Without the written consent of EasyLink Intelligent, users shall not implement, use or transfer the above intellectual property rights by themselves or authorize any third party for any commercial or non-commercial purpose. EasyLink Intelligent reserves the right to pursue legal liability for the above actions.
8、Agreement Changes
8.1. EasyLink Intelligent has the right to modify the terms of this Agreement when necessary. Once the terms of the Agreement are changed, the modified terms of the Agreement will be announced on the relevant page. If you do not agree with the changes, you should actively cancel this service. If you continue to use the service, it is deemed that you have accepted the changes to the terms of the Agreement.
8.2. EasyLink Intelligent and its partners have the right to modify or change the fee-based services, charging standards, charging methods, service fees and service terms provided as needed. When providing services, Yealink Intelligent may charge certain fees to users of some services now or in the future. If the user refuses to pay such fees, he or she will not be able to continue to use the relevant services after the charging begins. EasyLink Intelligent and its partners will do their best to notify users of the relevant modifications or changes by email or other means.
9、Applicable Law and Dispute Resolution
9.1. The validity and interpretation of the terms of this Agreement shall be subject to the laws of mainland China. If there are no relevant legal provisions, international business practices and/or business practices shall be used in reference.
9.2. This Agreement is signed in Guzhen Town, Zhongshan City, People’s Republic of China.
9.3．The user and EasyLink Intelligent agree that all disputes arising from this service should be resolved through negotiation. If the negotiation fails, either party may submit the dispute to the court with jurisdiction over the place where this Agreement was signed for resolution.
10、Others
10.1. When a user uses a specific service of this software, the service may have a separate agreement, related business rules, etc. (hereinafter collectively referred to as “separate agreement”). Please read and agree to the relevant separate agreement before using the service.
10.2. This agreement will take effect on July 20, 2024.
10.3. The titles of all clauses in this agreement are for reading convenience only and have no actual meaning. They cannot be used as the basis for interpreting the meaning of this agreement.
10.4. Regardless of the reason why some of the terms of this agreement are invalid or unenforceable, the remaining terms remain valid and binding on both parties.