Last updated:March 2022

Respected user:

Welcome to use MicroWatch software and related services. In order to provide you with better services, please read the " MicroWatch User Agreement " (collectively, the "Services") carefully.

 

1. About Us

The “MicroWatch” app and its related technologies and functions(collectively, the "Services") are operated by Shenzhen Microhand Co., Ltd(collectively, “Microhand”or“us”). In this Agreement, "you" and "user" refer to any individual who uses and/or accesses the Services.

2. Purpose of the Agreement

This user agreement statement (which you can view by going to Me>About >User Agreement Statement and Privacy in the MicroWatch app) and other policies published through the Services(collectively, the "Agreement") are the terms applicable to you with use of, and access to,  the Services . The Agreement tells you who we are, how we will provide the Service to you, what activities are permitted or permitted, on or in connection with the Services, what to do if there is a service issue and other important information. Please read the Agreement carefully .By using the Services, you are entering into a binding legal agreement with us. If you do not accept the Agreement , you must not use the Services .

 

3. Eligibility

You must be 18 years of age or older, or have reached the age of majority for the legal jurisdiction that you reside into access and use any of the Services .If you are under the age of 18 years, your parent or legal guardian must agree to the terms of the Agreement on your behalf in order for you to use the Services.

 

4. Accessing the Services

We grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Services, subject to and in accordance with the Agreement.

 

5. Services

The Services record and analyze your fitness and health data, and software for smart wearable device management services, The main features areas follows:

 

6. Purchase

This application provides a dial-up service, and John Swire reserves the right to adjust the purchase price and notify you of the price adjustment within a reasonable time before the purchase takes place. Once the new price is effective, you will be required to accept the new price at the time of purchase and any product or service you purchased prior to the price adjustment will not be affected. If you do not accept the adjusted price, you may stop using the relevant services.

7. Account Security

7.1 You should keep your MicroWatch account username and password, in-app purchase password, and other information ("Account and Transaction Information") secure and should not share such information with anyone. We recommend that you choose a password with a high security level and keep it secure. You are responsible for keeping your password secure. If you provide account and transaction details to a third party, you will be responsible for any losses and liabilities arising therefrom.

7.2 If you believe that someone may be using your account and transaction information, you should tell us immediately using the contact information in the Contact Us section. You may not use another person's MicroWatch account to access the Service. You shall take appropriate measures to protect your account and transaction information from unauthorized use of such information by third parties.

7.3 You may request to cancel your account and we will assist you in doing so after completing reasonable and necessary verification of your personal identity, security status, device information, etc.

8. Terms of Use

8.1 By accessing and using the Services, you undertake and agree to do so in a legal and ethical manner and in accordance with the Agreement. You hereby acknowledge and agree that you shall not use the Services to transmit material, or otherwise engage in any activity, that is dishonest, defamatory, tortious, harmful, obscene, offensive, bullying, harassing, scandalous, hateful, inflammatory, threatening, profane, pornographic, invasive of privacy or otherwise objectionable in relation to your use of the Services including without limitation, anything that facilitates illegal activity, depicts sexually explicit images, promotes violence, is discriminatory, is illegal or which could or does cause damage or injury to any person or property, could give rise to any civil or criminal liability under applicable laws, including, without limitation, any material that you are not entitled to post or transmit, or where such posting or transmission is in breach of any duty of confidentiality and/or third party intellectual property rights.

 

8.2 You hereby agree and undertake :

 

9. Your Content

You will continue to retain ownership of your content for the text, documents, pictures, photos or other information you upload, publish, or otherwise transmit to or through the Services(collectively,  "Your Content") ; you are fully responsible for Your Content.

 

10. Monitoring the Services

Please understand that, subject to applicable laws and regulations, for purposes of operating and improving the Service (including, but not limited to, fraud prevention, risk assessment, investigation and customer support), we have the right to take such measures as may be necessary to ensure your compliance with this Agreement and applicable law, or the orders or requirements of a court, ordinance, administrative agency or other governmental authority.

 

11. Privacy and Data Collection

In order to provide you with a more robust service and help ensure the security of your transactions, Microhand will collect and process your personal information in accordance with the privacy notice and statement about the Services.

 

12. Disclaimers

12.1 The Services are for your sole use only and must not be used by any third party .You agree that Microhand and its affiliates, officers, directors, employees, contractors, agents, third- party payment providers, partners, licensors and distributors ( collectively "Microhand Parties") are not liable for any loss caused by any unauthorized use of the Services .Your use of the Services maybe interrupted, delayed or disrupted for an unknown period of time for reasons that are beyond our control. You agree that the Microhand Parties will not be liable for any claim arising from or related to such interruption, delay, disruption or similar failure. To the maximum extent permitted by applicable laws, the Microhand Parties are not liable to you or to anyone else for any damages if you are unable to access or use the Services due to:

 

12.2 The Services are provided on an "as-is" and "as- available" basis without any representation or endorsement of any kind. To the maximum extent permitted by applicable laws,  the Microhand Parties disclaim all warranties,  conditions or other terms of any kind express or implied and make no guarantee, undertaking, representation or warranty :

12.3 The Microhand Parties are not liable for any loss or damages caused in whole or in part by relying upon, using, or interpreting the Services or other information obtained through your (or any other person 's) access and/o ruse of the Services. The laws of some countries do not allow certain warranties, guarantees or liabilities to be excluded or limited by a contract. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you . Nothing in the Agreement affects your legal rights that you are legally entitled to as a consumer and which you cannot contractually agree to alter or waive.

 12.4 This wearable product is not a medical device, and the health data provided is for reference only. In addition to using this application, you should also seek the advice of a doctor before making any medical decision.

13. Termination by You

You can terminate the Agreement via your account settings or by ceasing to use the Services. You can also terminate the Agreement by revoking authorization in “Microhand”>“Me” >  “About” >“User Agreement”

 

14. Termination and Suspension by Microhand

14.1 Subject to applicable laws, we may temporarily or permanently suspend or cancel or impose limits on or restrict your access to parts or all of the Services at any time, without assuming liability for any individual or third party. We will endeavor to provide notice to you before we do this.

However, we may not provide prior notice to you, and may immediately, permanently or temporarily,  impose limits on, cancel, suspend or restrict your access to parts or all of the Services:

14.2 The expiry or termination of the Agreement does not affect the provisions of the Agreement that are expressed to operate or have effect after deactivation or termination and is without prejudice to any accrued rights or obligations or any rights or obligations which are intended to survive such deactivation or termination .

14.3 Any term that expressly or by its nature continues to be valid after the termination of the Agreement shall remain in full force after the termination of the Agreement until the conditions of the term are satisfied or the term expires due to its nature .

 

15. Changes to the Agreement

Microhand is constantly innovating, changing and improving the Services.  Microhand may add or remove functionalities or features, create new limits to the Services, or temporarily or permanently suspend or stop one of the Services. Microhand may modify the Agreement at any time based on updates to the Services. We will inform you within a reasonable amount of time of any changes to the Services or the Agreement that will materially disadvantage the users or materially limit the access or usage of the Services. For changes to the Services that we need to make to meet security,  safety, legal or regulatory requirements,  we may not be able to meet the aforementioned timescales and we will update you about these changes as soon as practicable .

16. Applicable Law and Jurisdiction

The applicable law of this Agreement is the laws of the People's Republic of China. You and Microhand agree that this Agreement is entered into in Futian District, Shenzhen, Guangdong Province, China. In the event of any dispute between the parties during the performance of the contract, the parties shall negotiate a settlement; if the negotiation fails, the parties shall settle the matter by litigation in the people's court having jurisdiction in the place where the agreement is signed.

 

17. General Terms

17.1 The Services, or third parties may provide, links to other websites or resources . You acknowledge and agree that we are not responsible for the availability of such external websites or resources,  and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources .We are not responsible for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

17.2 Nothing in the Agreement shall be construed to create a partnership or agency relationship between you and Microhand, and neither party shall have the right or authority to incur any liability debtor cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

17.3 Microhand is not liable for any failure or delay in performance of its obligations under the Agreement or the provision of the Services that is caused or contributed to by matters beyond Microhand reasonable control.

17.4 Microhand shall have the right to assign, subcontract or novate Microhand's rights and obligations under this Agreement.

17.5 If any provision of the Agreement is found by a court of competent jurisdiction or any other competent authority to be void, invalid or unenforceable, it shall be deemed to be deleted from the Agreement and all other provisions of the Agreement shall remain in full force and effect .

 

18. Contacting Us

If you have any questions regarding the Agreement,  please contact us at:suggest@kingsentime.com, We will reply as soon as possible.