This agreement is executed between you and Shenzhen Moikit Network Technology Co., Ltd., with the full force and effect of a contract.
Shenzhen Moikit Network Technology Co., Ltd. ("Moikit") agrees to provide relative services based on the Internet, Internet-of-things, and mobile Internet ("Web Service") in accordance with provisions of this Agreement and operation rules released from time to time. The user of the Web Service (User) shall accept all terms herein and complete all the registration in accordance with the procedures specified in the web pages. Clicking "Accept" during the registration process means the User fully accepts all the terms herein.
1.1 The scope of Web Service will be determined by Moikit in accordance with specific situations, and may include data synchronization, health profiles, health information sharing, social, contests, and comments.
1.2 Moikit Web Service may include subscription services, which may require payments in accordance with the rates determined by Moikit. Moikit will provide the User with specific reminders about these subscription Web Services, which will be available only after the User has confirmed that he/she is willing to pay.
1.3 The User understands and acknowledges that Moikit only provides relevant Web Services, and that the User is responsible for all the necessary equipment (including hardware devices, PC, mobile phone, and other appliances to connect with the Internet or mobile Internet to access Moikit Web Services) and all the expenses incurred (including phone bills and Internet fees, and mobile phone bills for accessing the mobile Internet).
1.4 The User understands and acknowledges that any "Mecoin" obtained from the Moikit website has no real monetary or economic value, and is not any kind of virtual wealth or money. It can be used only to the extent allowed by Moikit, and shall not be transferred or sold.
2.1 To apply for Moikit Web Service, the User shall provide accurate personal information, which shall be updated whenever there's any change.
2.2 The User shall not transfer or lend his/her account or password to any third party. Upon discovery of any unauthorized use of his/her account, the User shall inform Moikit immediately. Moikit shall not be held liable for any unauthorized use of the User's account or password due to hacking or negligence of the User.
2.3 the User understands and acknowledges that Moikit may push advertisements or any other type of business information through different means (including but not limited to the release of any advertisement on any page of the Moikit website) during the provision of Web Services. In addition, you agree to receive promotion or any other business information from Moikit via email or any other means.
2.4 You agree that Moikit has free, permanent, irrevocable, non-exclusive and completely sub-license rights and permission worldwide for any content uploaded to the publicly accessible areas on Moikit website through Moikit Web Services (including, but not limited to health information sharing and club membership), such as to use, duplicate, modify, adapt, publish, translate, create derivative works, spread, perform and display these contents (the whole or parts), and/or incorporate these content into any other forms of work, media or technology currently known or later developed.
2.5 When using Moikit Web Service, the User Shall:
2.5.1 abide by relevant laws and regulations of the People's Republic of China;
2.5.2 comply with all the network protocols, rules and programs related to Web Service;
2.5.3 not use Web Service system for any illegal purpose;
2.5.4 not use Moikit Web Service in any way that violates the business interest of Moikit, including but not limited to releasing advertisements without the permission of Moikit;
2.5.5 not use Moikit Web Service in any way that might disrupt the normal operation of the Internet or the mobile Internet;
2.5.6 not use Moikit Web Service to upload, display or spread any false, harassing, slanderous, insulting, threatening, pornographic, or illegal information;
2.5.7 not violate the patent, copyright, trademark right, reputation or any other legal rights of any third party;
2.5.8 use Moikit Web Service to conduct any activity against Moikit.
2.6 Moikit may supervise or monitor your use of Moikit Web Service (including but not limited to review the content you stored in Moikit website). In the event that you violates any of the above rules in your use of Web Service, Moikit or its authorized representative may request you to correct or take any necessary action (including but not limited to deleting the content, or suspending or terminating your right to use Web Service) to mitigate the impact of your improper behavior.
2.7 Any statement, notice or warning made by Moikit for the use of particular Moikit Web Services through different means (including but not limited to webpage announcement, email, and SMS) shall be regarded as a part of this Agreement. The use of such Moikit Web Services shall be regarded as the User's acknowledgment to these statements, notices and warnings.
2.8 The User agrees to protect and uphold the interest of other users, and to compensate any third party for any loss resulted from the User's violation of relevant laws and regulations and any provision herein.
3.1 Any text, image, graphic, audio and/or video content contained in Moikit Web Service is protected by copyright, trademark and/or other property rights laws, and shall not be released, broadcast, or modified or re-distributed for broadcast or release on any media, either directly or indirectly, or used for any other commercial purpose. These contents, either in whole or in part, can be stored in a particular computer only for personal, non-commercial purposes. Moikit will not compensate or assume responsibility of any form to the User or any third party for any loss resulted from, or related to any delay, inaccuracy, error or omission occurred during the generation, transmission or delivery of the above contents, either in part or in whole.
3.2 Any software used by Moikit to provide Web Service (including but not limited to Moikit synchronization software, mobile phone software and any image, photo, animation, video, audio, music, text and add-on program contained therein, and attached help contents) are properties of their respective owners. The User shall not conduct any reverse engineering, de-compilation or disassembling of these software without the consent of the owners.
4.1 Protection of the User's privacy is a basic policy of Moikit, which pledges not to disclose or provide any third party with registration information of any individual user or non-public information stored by the User in Moikit during the use of Web Service, unless:
4.1.1 the user’s prior authorization has been obtained;
4.1.2 per requirements of relevant laws and regulations;
4.1.3 per requirements of relevant authorities;
4.1.4 to safeguard the interest of the public;
4.1.5 to safeguard the interest of Moikit;
4.2 Moikit may work with a third party to provide the User with Web Service, whereby Moikit may provide the User's registration information to a third party, providing that the later shall assume the same user privacy protection responsibility as Moikit does.
4.3 To the extent that the privacy information of individual users is not disclosed, Moikit may analyze the user database as a whole and put it into commercial use.
5.1 The User hereby agrees to assume all the risks and consequences of the use of Moikit Web Service, and will not hold Moikit liable.
5.2 Moikit does not guarantee that the Web Service will meet the requirements of the User, will not get disconnected, or will be on time, safe, and accurate.
5.3 Moikit does not guarantee the accuracy and integrity of any external link provided, and is not responsible for the content of any webpage that such links lead to, as they are beyond the control of Moikit.
5.4 Moikit does not assume any responsibility for any disruption to the Web Service due to force majeure or causes beyond its control or any other defect, providing that it will make reasonable efforts to minimize the loss and disruption to the User.
5.5 The User Agrees that Moikit will not be held liable for any defect of the following products/services of Moikit and any loss resulted thereof:
5.5.1 Free web services provided by Moikit;
5.5.2 Any product or service provided by Moikit as a gift;
5.5.3 Products or services provided to subscribers of fee-based Web Services as a gift.
6.1 Moikit may revise any provision herein as it deems necessary, and will publish the amended agreement directly on its website whenever any change is made. The publication shall be regarded as having notified the User of the amendment. Moikit may remind the User of any amendment through other means it deems appropriate.
6.2 The User may terminate the use of the Web Service if he/she disagrees with any amendment to this Agreement. If the User continues to use the Web Service, he/she shall be regarded as having accepted the amendments.
7.1 In view of the peculiarity of the Web Service, the User agrees that Moikit may change, suspend, or terminate part or all of the Web Services (including Subscription Services and free Web Services) whenever it deems necessary. Moikit may change, suspend, or terminate the Web Services without prior notification, or any responsibility to any User or third party. In the event that a Subscription Service is changed, suspended, or terminated, Moikit shall notify the User in advance and provide an alternative subscription service of the same value. In the event that the User refuses to accept the alternative subscription service, Moikit shall refund the User the subscription fee paid minus the amount for the service used.
7.2 The User understands and acknowledges that Moikit needs to conduct inspection and maintenance of the equipment used to operate the Web Service platform (e.g., its web site, and the mobile Internet) routinely or from time to time. Moikit will not be responsible for any reasonable disruption of Subscription Service incurred thereof, providing that it has made reasonable efforts to inform the User in advance.
7.3 In any of the following circumstances, Moikit may suspend or terminate, as it deems necessary, the Web Service hereunder (including but not limited to Subscription Service, free Web Service, and advertisement-based free Web Service), without assuming responsibilities to users or any third party:
7.3.1 the User provides false personal information;
7.3.2 the User violates rules specified herein;
7.3.3 the User fails to pay Moikit for the Subscription Service used.
7.4 In the event that the nickname the User uses to open a Moikit account in the registration process is deemed inappropriate by any law, regulation, or government policy, or violates the legitimate rights of any third party, Moikit may cancel that nickname.
8.1 All notifications that Moikit makes to the User hereunder may be made through webpage announcements, email, SMS, or regular mail. The date when the notification is made shall be regarded as the delivery date.
8.2 Any notification that the User makes to Moikit shall be made through the official contact information of Moikit, including its mailing address, fax, and email address.
9.1 The conclusion, implementation, and interpretation of this Agreement shall be governed by the laws and courts of the People's Republic of China.
9.2 The parties shall resort to friendly consultation for the settlement of any dispute arising from the implementation or execution of this Agreement; where negotiation fails, either party may file a lawsuit to a court located in Moikit’s domicile.
9.3 This Agreement constitutes the complete agreement between the Parties on the issues agreed upon herein and other related issues. Other than those specified herein, no additional right is granted to either party.
9.4 If any portion of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.5 The titles herein are provided for convenience only, and shall be ignored in the interpretation of the Agreement.