MegaRing+ User Agreement

Updated: December 15, 2023

These Terms of Use (hereinafter referred to as the "Agreement") describe and apply to your use of the MegaRing+ APP and website www.megasens.com (hereinafter referred to as the "Service"), smart rings and chargers (hereinafter referred to as the "Products"). This website and mobile application are owned and operated by Hangzhou Megasens Technology Co., Ltd. (hereinafter referred to as "Megasens"). Your use of the MegaRing+ APP will be deemed to be your acceptance of this Agreement and your agreement to be bound by the terms of this Agreement. If you do not agree to this Agreement, please do not use the MegaRing+ APP. Megasens reserves the right to amend this Agreement, and the updated terms of this Agreement will be published on the MegaRing+ APP with effect from the date of publication. For the purposes of this Agreement, the User means any individual who uses and/or accesses the Service.

1. Purpose of the Agreement

This User Agreement, the Privacy Statement (which can be found in the "My" > "Settings" of "MegaRing+") and other policies posted or provided by the Service (collectively, the "Agreement") are the terms and conditions under which we provide you with the use of and access to the Service. Through this Agreement, you will learn about us, how we provide the Service to you, the activities permitted and prohibited by the Service or related services of the Service, measures to respond to problems, and other important information. Please read this Agreement carefully. If you access or use the Service, you are deemed to have entered into a legally binding agreement with us and agree to accept this Agreement. If you do not accept this Agreement, please do not access or use the Service.

2. Scope of Software Authorization

2.1 Users may install, use, display and run the Service on mobile terminal devices for non-commercial purposes. Without the written authorization and permission of Megasens, the User shall not install, use or run the Software for commercial purposes, and shall not copy, change, modify, hook up or create any derivative works of the Software or the data released into the memory of any terminal device during the operation of the Software and 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, plug-ins or unauthorized third-party tools/services to access the Software and related systems. If there is a need for commercial sale, reproduction and distribution, e.g. pre-installation and bundling of software, written authorization and permission must be obtained from Megasens.

2.2 The User shall not install the Software on other terminal devices without the express permission of Megasens without the permission of Megasens.

2.3 The User may make one copy of the Software for the purpose of using the Software and Services for backup purposes only. The backup copy must contain all copyright information contained in the original software.

2.4 Except as expressly authorized in this Agreement, Megasens does not grant the User any other rights, and the User's written consent is required for the use of other rights.

2.5 This product is not a medical device and you expressly agree that this service does not involve the provision of medical advice by Megasens. These services are not intended to diagnose, treat, cure, or prevent any disease or medical condition. These services are for informational purposes only and are not a substitute for the services of a physician or medical professional. You should not ignore or delay seeking medical advice because of any information provided on the Services, nor should you use the Services or any information provided in the Services to diagnose or treat a health problem.

3. Software upgrades

In order to improve the user experience and improve the service content, Megasens has the right to provide you with the replacement, modification and upgrade version of the software from time to time, and the software will enable the "upgrade prompt" function for the user by default, depending on the difference in the software version used by the user, Megasens provides the user with the choice whether to activate this function. Megasens does not guarantee the continued availability of the old version of the software after the release of a new version of the software.

4. Account Security

You shall keep your MegaRing+ account username and password, in-app purchase password and other information ("Account and Transaction Information") safe and not share such information with anyone. We recommend that you choose a strong password and keep it safe. You are responsible for keeping your password secure. If you provide your account and transaction details to a third party, you will be solely responsible for any losses, damages, liabilities and claims arising therefrom. You may not use anyone else's MegaRing+ account to access the Service. You shall take appropriate measures to protect your account and transaction information from unauthorized use by third parties.

5. User Behavior Requirements

You shall be responsible for your use of MegaRing+ products and related services, and unless permitted by law or with the prior written permission of MegaRing+, you shall not engage in any of the following acts in your use of MegaRing+ products and related services:

5.1 Use any unauthorized or permitted plug-ins, plug-ins, systems or third-party tools to interfere with, destroy, modify or otherwise affect the normal operation of MegaRing+ products and related services.

5.2 Use or use MegaRing+ products and related services to carry out any behavior that endangers the security of computer networks, including but not limited to:

(1) Remove all copyright, trademark, or other proprietary notices on the Software and other copies of the Software, or take it for yourself, or transfer it to someone else. and modifying, deleting, or circumventing the technical measures set up by the Software to protect intellectual property rights.

(2) Provide programs and tools that are specifically used to engage in activities that endanger network security, such as invading the network, interfering with the normal functions and protective measures of the network, and stealing network data

(3) Clearly knowing that others are engaged in activities that endanger network security, providing them with technical support, advertising and promotion, payment and settlement, and other assistance:

(4) Using unauthorized data or accessing unauthorized servers/accounts

(5) Entering the public computer network or other people's computer systems without permission and deleting, modifying, or adding stored information;

(6) Attempting to probe, scan, or test the weaknesses of the MegaRing+ system or network without permission, or other behaviors that undermine network security;

(7) Attempting to interfere with or disrupt the normal operation of the MegaRing+ system or website, intentionally spreading malicious programs or viruses, and other behaviors that disrupt or interfere with normal network information services;

(8) Forged TCP/IP packet name or partial name;

(9) Reverse engineer, disassemble, compile or otherwise attempt to discover the source code of MegaRing+ Products and Related Services;

(10) Malicious registration of MegaRing+ accounts, including but not limited to frequent and batch registration of accounts;

(11) Violating laws and regulations, this Agreement, the relevant rules of the Company and other acts that infringe upon the legitimate rights and interests of others;

(12) 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 Megasens, or produces, publishes and disseminates the above tools;

(13) Use the Software to publish, transmit, disseminate, or store content that violates your local laws;

(14) infringe our intellectual property rights or any third party's intellectual property rights when accessing and/or using the Service;

(15) Use this software to publish, transmit, and disseminate advertising information and spam information in batches;

(16) Other use of the Software and other services provided by Megasens in any illegal way, for any illegal purpose, or in any way inconsistent with the use permitted under this Agreement.

(17) distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, broadcast, transmit, transmit, or otherwise use the Service;

(18) Submit or otherwise make available to anyone all or part of the content of the Service (including object code and source code) in any form without our prior written permission;

(19) developing, supporting, or using software, devices, scripts, robots, or any other means or processes (including crawler software, browser plug-ins, or any other technical or human work) to scrape or otherwise copy user information and other data from the Services;

(20) Use the Service to engage in any illegal business transactions, such as selling arms, drugs, illegal substances, pirated software, or other contraband;

(21) Providing gambling information or using any means to induce others to gamble;

(22) Asking for other people's login information or accessing other people's accounts;

(23) Engaging in money laundering, cash-out, or pyramid schemes;

(24) attempt to violate this Agreement (or any part thereof), or facilitate or encourage such conduct;

6. Applicable specifications for MegaRing+ information content

You undertake and agree to access and use the Services in a lawful and ethical manner and in accordance with this Agreement. You understand and agree that you may not use the Service to transmit any information or otherwise engage in any activity that is false, defamatory, infringing, harmful, pornographic, infringing, offensive, hazing, harassing, scandalous, hateful, inflammatory, threatening, profane, obscene, invasive of privacy, or otherwise objectionable, including, but not limited to, promoting illegal activity, having explicit depictions, advocating violence, and any discriminatory, unlawful, causing or likely to cause personal or property loss or injury, Information and conduct that may give rise to civil or criminal liability under applicable law (including, but not limited to, any information that you do not have the right to post or transmit, or where such posting or transmission violates any confidentiality obligations and/or third party intellectual property rights).

Without the written permission of MegaRing+, you shall not, or authorize or permit any third party to do the following with respect to the information content in MegaRing+ products and related services:

(1) Copying, reading, and adopting the information content of MegaRing+ products and related services for commercial purposes including but not limited to publicity, increasing the number of readers, and page views;

(2) editing, arranging, arranging, and displaying the information content of MegaRing+ products and related services on channels other than the source pages of MegaRing+ products and related services without authorization;

(3) Using any form of identification methods, including but not limited to special logos, special codes, etc., to generate adverse effects such as traffic, reading volume guidance, transfer, hijacking, etc., on the information content of MegaRing+ products and related services by yourself or assisting a third party;

7. The User understands and agrees that:

Subject to applicable laws and regulations, we have the right to take necessary measures to ensure your compliance with this Agreement and applicable laws, or orders or requirements of courts, government orders, administrative agencies or other government agencies for the purpose of operating and improving the Service (including but not limited to fraud prevention, risk assessment, investigation and customer support).

(1) MegaRing+ will determine whether the user is suspected of violating the above usage specifications, and suspend or terminate your license or take other restrictive measures that may be taken in accordance with this agreement.

(2) MegaRing+ will directly delete the information that is suspected of violating the law or infringing the legal rights of others or violating this Agreement published by the user when using the licensed software.

(3) In the event that the user's violation of the above terms of use causes damage to a third party, you shall independently bear the legal responsibility in your own name and shall ensure that MegaRing+ shall not be liable for any loss or additional cost arising therefrom.

(4) If the user violates the relevant laws and regulations or the agreement, and causes MegaRing+ to suffer losses, or is subject to claims from third parties, or is punished by administrative authorities, the user shall compensate MegaRing+ for the losses and/or expenses incurred, including reasonable attorney fees, investigation and evidence collection costs.

8. Description of Third-Party Services

The User understands and agrees that the Software System may contain services provided by Megasens' affiliates or third parties, and that Megasens only provides relevant functional modules in the system and provides access to third-party services for the convenience of the User.

Regardless of whether the third-party service is pre-installed in the software system service, or is opened or ordered by the user, the user understands and agrees that Megasens does not make any express or implied warranty or guarantee for the legality and validity of the actions of the third-party service provider or user, as well as the legality, accuracy, effectiveness and security of the third-party service.

Megasens does not supervise the third-party services, does not have any control over them, and does not provide any kind of warranty or guarantee for the third-party services, and assumes no responsibility.

Any dispute or controversy between the user and the third-party service provider shall be resolved by the user and the third-party service provider through negotiation in accordance with the business process and business specifications of the third-party service provider, and Megasens shall not be held responsible.

9. Service Risks and Disclaimers

The use of the Service may be interrupted, delayed, or interrupted for unknown periods of time due to reasons beyond our control. The Megasens Parties shall not be liable for any claims arising out of or in connection with such interruptions, delays, interruptions or similar failures.

The Service is not a medical device and you expressly agree that the Service does not involve the provision of medical advice by MegaRing+. These services are not intended to diagnose, treat, cure, or prevent any disease or medical condition. These services are for informational purposes only and are not a substitute for the services of a physician or medical professional.

To the fullest extent permitted by applicable law, the Megasens Parties shall not be liable for any liability, loss, damage or compensation incurred by you or anyone else as a result of:

(1) Our maintenance or upgrade of the system or software and hardware results in the suspension or termination of the Service;

(2) delays or failures in communications of systems or networks not owned or controlled by us;

(3) Suspension, cancellation or termination of a contract or other agreement between us and any third-party payment service provider;

(4) Errors or interruptions due to hacking or similar security impacts;

(5) Other causes beyond our reasonable control.

The Service is provided on an "as is" and "as available" basis without warranty or endorsement of any kind. To the fullest extent permitted by applicable law, the Megasens Parties do not acknowledge any warranties, conditions or other agreements, express or implied, and make no guarantees, undertakings, representations or warranties in respect of:

(a) the completeness, accuracy, reliability, or timeliness of any content available under or through the Service;

(b) the existence of defects, bugs, viruses, bugs or other harmful elements in the Service or the server that hosts it;

(d) warranties relating to certain features of the Service, or the reliability, quality, or accuracy of any information obtained by you while using or accessing the Service;

(e) whether the Service is secure and error-free;

(f) whether the Service is reliable, high-quality, accurate, available or capable of meeting your needs, producing or achieving a particular result or outcome.

The User agrees that Megasens has the right to suspend, interrupt or terminate the provision of all or part of the Services to the User based on the requirements of judicial, regulatory and supervisory authorities or its own business reasons. Megasens cannot be held responsible for this.

The User understands and agrees that Megasens will use its commercially reasonable efforts to ensure the security of the User's data stored in the Software and Services, but that Megasens cannot provide complete warranties and the User understands that Megasens is not responsible for the deletion or storage or failure of backup of data in the Services.

10. Termination or Suspension of Services

We may temporarily or permanently suspend, cancel or restrict your access to all or part of the Service at any time in accordance with applicable law, without liability to any person or third party. We will endeavour to notify you before taking any of the foregoing actions. However, under certain circumstances (including but not limited to the following), we may immediately restrict, cancel or terminate your access to all or part of the Services, permanently or temporarily, without prior notice to you:

(1) You have violated, or we have reason to believe that you are about to breach, this Agreement, including any covenants, policies, or guidelines contained therein;

(2) you or anyone acting on your behalf engages in fraudulent or illegal activity, or provides false or misleading information to us;

(3) Respond to requests from law enforcement or government agencies in accordance with valid legal process;

(4) Perform emergency system or hardware maintenance and update work;

(5) For unforeseen technical, security or business reasons.

11. Liability for breach of contract

Megasens has the right to judge whether the user's behavior is in accordance with the provisions of this agreement, and if it is considered that the user has violated the relevant laws and regulations or the provisions of this agreement and relevant rules, according to the severity of the user's violation, Megasens has the right to delete the illegal information, restrict, suspend, terminate the user's use of the software services, investigate the user's legal responsibility and other measures that Megasens deems appropriate. The User shall be solely responsible for any losses suffered by Megasens (including, but not limited to, the receipt of claims from any third party or penalties imposed by any administrative authority).

12. Changes to the Agreement

Megasens reserves the right to modify the terms of this Agreement if necessary, and in the event of any changes to the terms of this Agreement, the amended terms will be posted on the relevant page. If you do not agree with the changes, you should cancel the service on your own initiative. If the user continues to use the service, it will be deemed to have accepted the changes to the terms of the agreement.

Megasens reserves the right to modify or change the fee-based services, fees, methods, fees and terms of service as necessary. In the course of providing the Services, Megasens may start charging a certain fee to the User of some of the Services now or in the future, and if the User refuses to pay such fees, the User will not be able to continue to use the relevant Service after the start of the charge.

13. Governing Law and Dispute Resolution

The validity and interpretation of the terms of this Agreement shall be governed by the laws of the country in which it is located. In the absence of relevant legal provisions, international business practices and/or business practices are used by reference. The User and Megasens agree that any dispute arising from the Service shall be settled through negotiation between the two parties, and if the negotiation fails, either party may submit to the court of competent jurisdiction in the place where this Agreement is signed.