Platform Agreement

Reminders

You are welcome to visit eWeLink developer website. Please read and accept eWeLink Developer Platform Agreement before you use our products and services.

eWeLink hereby reminds all users to carefully read and fully understand the Developer Platform License and Service Agreement (hereinafter referred to as "the Agreement"). Users should carefully read and fully understand the terms of the Agreement, particularly those pertaining to the exemption or limitation of eWeLink's liability, dispute resolution, and applicable laws. Terms associated with the exemption or limitation of liability are indicated by bold text; please read them carefully. After reading the Agreement carefully, please decide whether you are willing to accept the terms listed herein (minors should read the Agreement together with a legal guardian). By downloading, installing, and using the Developer Platform or by opening and logging in to your account, you accept the terms of this Agreement and are legally bound by them.

eWeLink reserves the right to modify this Agreement. Any amended terms shall be announced on the official website or included with the Developer Platform, and the new terms shall take effect on the date of publication. Users may download and reinstall the Developer Platform or browse the amended terms on the website. If you do not accept the amended terms of this Agreement, please immediately discontinue your use of the "eWeLink" Developer Platform and services provided by eWeLink. By continuing to use the "eWeLink" Developer Platform and services provided by eWeLink, users accept the amended terms of this Agreement.

1.1. This Agreement is the agreement entered into by and between you (hereinafter referred to as the "User") and eWeLink and its operating partner (hereinafter referred to as the "Partner") concerning the download, installation, and use of the "eWeLink" Developer Platform (hereinafter referred to as the " Developer Platform ") by the User, as well as the terms related to the use of eWeLink's services.

1.2. The Developer Platform and services are provided by eWeLink for installation on (including but not limited to) smart mobile devices, to provide services such as device pairing and operating smart products for the User who uses the said smart device.

1.3. The rights of ownership and operation of the Developer Platform and services are vested in eWeLink.

2.1. eWeLink grants the User a personal, non-transferable, and non-exclusive license to use the Developer Platform without the right to sublicense.

2.2. The User may install, use, display, and run the Developer Platform on a single mobile terminal device for non-commercial purposes. However, the User shall not install, use, or run the Developer Platform for the purpose of any commercial operation. The User shall not copy, alter or modify any data stored within the Developer Platform, any data released to the memory of any terminal device during execution of the Developer Platform or any data generated during the interaction between the client and the server during execution of the Developer Platform. The User shall not operate the Developer Platform through other developer Platforms or create any derivative of the Developer Platform in any form, including but not limited to plug-ins, bots or accessing the Developer Platform and related systems through unauthorized third party tools/services. If you must sell, copy or distribute the Developer Platform commercially, such as for developer Platform pre-installation and bundling, a written authorization and permission from eWeLink must be obtained in advance.

2.3 Except as expressly authorized by this Agreement, eWeLink does not grant other rights to the User. If the User intends to exercise any other right, the written consent from eWeLink shall be obtained in advance.

3.1. The User shall access the Developer Platform in accordance with the authentication markings provided by the search engine or by entering the specified domain name (https://dev.ewelink.cc) in the browser. Users should use DNS resolution services provided by well-known organizations or third-party service providers, and beware of using DNS from unknown sources, resulting in malicious domain name resolution and outreach, so as to avoid users' terminal devices being infected with malicious programs capable of destroying. If users access the Developer Platform from a third party not authorized by eWeLink or from a domain name with the same name as the Developer Platform, eWeLink is unable to guarantee the normal functionality of such Developer Platform and will not be liable for any losses you sustain from using such developer platform.

3.2. Users should use a well-known browser on the market and update to the latest browser version to access the Developer Platform or use the Developer Platform services. Otherwise, any developer platform problems, device problems or damages resulting from using an incompatible developer platform version shall be solely assumed by the User.

3.3. In order to improve User experience and optimize service content, eWeLink reserves the right to provide a replacement, modified, and upgraded versions of the Developer Platform, as well as the right to charge for these replacements, modifications, or upgrades. However, your consent is required before such charges can be collected. Since the Platform is an online service, it has the right to update the content of the website without notifying the user on the premise of not affecting the user's use, and the website upgrade retains the user's assets but does not guarantee the retention of the Developer Platform's own content, and after the release of the new version of the Platform. After the new version of the Developer Platform is released, eWeLink does not guarantee that older versions of the Developer Platform will continue to be usable.

4.1. The User may use the Developer Platform and services in accordance with this Agreement and relevant laws. The User shall not commit the following acts:

4.1.1. Delete any copyright information from the Developer Platform and other duplicate copies, or modify, delete, or circumvent the technical measures set by the Developer Platform for the protection of intellectual property rights;

4.1.2. Perform reverse engineering of the Developer Platform, such as disassembly, decompilation, or other attempts to obtain the source code of the Developer Platform;

4.1.3. Add, remove or change the features or running effects of the Developer Platform by modifying or forging the instructions and data during the running of the Developer Platform, or otherwise operate or disseminate to the public the developer platform or methods used for the purposes described above, regardless of whether or not such actions are performed for commercial purposes;

4.1.4. Use the Developer Platform to commit any acts detrimental to network security, including but not limited to: using unauthorized data or access to unauthorized servers/accounts; unauthorized access to public networks or the operating system of others, and delete, modify or add any saved data; unauthorized attempts to detect, scan, or test the Developer Platform system or network weaknesses, or perform other actions to disrupt network security; attempt to interfere with or destruct the normal operation of the Developer Platform system or website, deliberately spread malicious programs or viruses, or carry out other acts that disrupt or interfere with normal network information services; forge the names or partial names of TCP/IP data packets;

4.1.5. The User logs into or uses the Developer Platform and services through a third party compatible developer platform or system which was not developed, authorized, or approved by eWeLink, or makes, publishes, or disseminates the tools described above;

4.1.6. Without the written consent of eWeLink, the User performs the actions on the Developer Platform or the data contained therein including but not limited to the following: using, leasing, copying, modifying, linking to, reproducing, compiling, releasing, publishing, or establishing a mirror site for or using the Developer Platform without authorization to develop related derivative products, works, services, plug-ins, bots, compatibility or interconnection;

4.1.7. Using the Developer Platform to publish, transmit, broadcast, or store content that violates local laws and regulations;

4.1.8. Use the Developer Platform to publish, transmit, disseminate or store any content that infringes on the legitimate rights and interests of others, such as intellectual property rights and trade secrets;

4.1.9. Use the Developer Platform to publish, transmit or disseminate advertising information or spam in bulk;

4.1.10. Use the Developer Platform and other services provided by eWeLink in any unlawful manner, for any unlawful purpose or in any manner inconsistent with the use licensed under this Agreement;

4.2. Information Publication Specifications

4.2.1. You may use the Developer Platform to publish content originally created by you or that you have the right to publish such as opinions, data, text, information, user names, images, photos, personal data, audio/video files, and links. You must guarantee that you own the intellectual property rights for or have obtained legal authorization to use the information you upload and that your use of the Developer Platform and services does not infringe any legitimate rights or interests of any third party.

4.2.2. When using the Developer Platform, the User shall comply with local laws and regulations.

4.2.3. You shall not use the Developer Platform to commit the following acts, including but not limited to:

4.2.3.1. Produce, reproduce, publish, disseminate or store any content that violates local laws and regulations;

4.2.3.2. Publish, transmit, disseminate or store any content that infringes on the legitimate rights and interests of others, such as their right to reputation, personality rights, intellectual property rights, and trade secrets;

4.2.3.3. Make up fictitious facts or conceal the truth to mislead or deceive others;

4.2.3.4. Publish, transmit or disseminate advertising information or spam;

4.2.3.5. Engage in any other behavior that violates local laws and regulations.

4.2.4. Without the permission of eWeLink, you shall not carry out any commercial activities inside the Developer Platform, such as advertising and selling merchandise.

4.3. You understand and agree that:

4.3.1. eWeLink will determine whether the User is suspected of violating the above-mentioned usage specifications and, based on the result of such determination, suspend or terminate the use license granted to you or take other restrictive measures that may be taken in accordance with this Agreement;

4.3.2. eWeLink will directly delete any information suspected of being unlawful or infringing the legitimate rights of others or violating this Agreement, which is published by the User during his/her use of the licensed Developer Platform;

4.3.3. If you violate the above-mentioned usage specifications and thereby cause damages to a third party, you need to assume the liability in your own name and shall hold eWeLink harmless from and against any losses or expenses arising therefrom;

5.1 We attach great importance to protecting your privacy. eWeLink Privacy Policy (this "Policy") describes the ownership and protection of intellectual property, our purposes for collecting, using, sharing, storing, and protecting your Personal Data. Before you use the services, please carefully read this Privacy Policy.

6.1. The User must procure the device required for Internet access and the usage of telecom value-added services by the mobile terminal device, and bear the telecommunication fees, data fees, and related costs incurred by accessing the Internet or charged by third parties (including but not limited to telecommunications and mobile communication providers). If any telecom value-added services are needed, you are advised to confirm the costs with your telecom value-added service provider.

6.2. Neither eWeLink nor its Partner is liable for any loss suffered by the User due to reasons attributable to third parties such as communication line failures, technical problems, network or mobile terminal device failures, system instability issues, and other force majeure factors.

6.3. The Developer Platform, like most other Internet developer Platform, may be affected by differences in factors including but not limited to the user, network service quality, and social environment, and may also be subject to intrusion from various security problems, such as the usage of User data by others that creates a disturbance in real life; other developer platform downloaded and installed by the User or other websites visited by the User contain "Trojan horses" and other viruses that threaten the security of the User's terminal device information and data and then affect the normal use of the Developer Platform. The User shall strengthen data security and consciousness of protecting user information and must strengthen password protection to prevent losses and disturbance.

6.4. When the User uses the Developer Platform or requests eWeLink to provide specific services, the Developer Platform may call upon a third party system or developer platform to support the User's use or access. The results of the use or access will be provided by the third party. eWeLink does not guarantee the safety, accuracy and effectiveness of the results achieved through the support of the said system or developer Platform, nor does eWeLink assume any other uncertain risks; eWeLink assumes no liability in the event that any dispute arises therefrom or damage is caused thereby.

6.6. Except as expressly specified in laws and regulations, we will do our utmost to ensure that the Developer Platform and the technology and information involved are safe, effective, accurate, and reliable; however, due to limitations in current technology, the User understands that eWeLink cannot provide any guarantee.

6.7. The User shall be solely liable for compensation for any personal injury, property damage, or the foregoing related incidental or indirect economic losses, including but not limited to compensation for profit loss, data loss and losses from interruption of business or any other commercial loss or compensation claim arising out of or in connection with any of the following circumstances:

6.7.1. The use of or failure to use the licensed Developer Platform;

6.7.2. The unauthorized use of the Developer Platform or modification of the User's data by a third party;

6.7.3. Costs and losses incurred by the User during the use of the Developer Platform;

6.7.4. Misunderstanding by the User of the Developer Platform;

6.7.5. Other losses in connection with the Developer Platform for reasons not attributable to eWeLink.

7.1 The User understands and agrees that the Platform may contain content or services provided by affiliated parties or third parties of eWeLink, and that eWeLink only provides relevant functional modules in the Platform for the convenience of the User and provides access to third party content or services.

7.2 Whether the third party content or services are pre-installed in the Platform or opened or subscribed by the user, the user understands and agrees that eWeLink does not make any express or implied warranty or guarantee as to the legality or validity of the third party content or services provider or the user's conduct, or the legality, accuracy, validity or security of the third party content or services.

7.3 eWeLink does not monitor third party content or services, does not have any control over them, and does not provide any form of guarantee or warranty for third party services, nor does it assume any liability for them.

7.4 Any dispute between the user and the third party content or service provider shall be resolved by the user and the third party service provider through negotiation, and eWeLink shall not be responsible for any dispute or dispute.

8.1. eWeLink is the intellectual property right holder of the Developer Platform. All intellectual property rights such as copyright, trademark, patent, trade secret, etc. relating to the Developer Platform, and all information related to the Developer Platform (including but not limited to text, pictures, audio, video, graphics, interface design, layout, data or electronic documents, etc.) are protected by the laws and regulations of the region you are currently living in and corresponding international treaties. eWeLink enjoys the intellectual property rights described above.

8.2. Without the prior written consent of eWeLink, the User shall not independently use or transfer any of the above intellectual property rights for any commercial or non-commercial purposes, or permit any third party to do so. eWeLink reserves the right to pursue legal liability for such acts.

9.2. eWeLink and the Partner have the right to modify or change the paid services provided, the charging criteria, charging method, service charges and service terms according to their needs. When providing services, eWeLink may start to charge some users certain fees either now or in the future. If the User refuses to pay such fees, the User will be unable to continue using relevant services after the new charge begins. eWeLink and its Partner will do their utmost to notify the User of any amendments or changes by email or other means.

10.1. The validity and interpretation of this Agreement shall be governed by the laws of the Mainland of the People's Republic of China. In the absence of relevant legal provisions, international business practices and/or business practices may be used as references.

10.2. This Agreement is signed in Nanshan District, Shenzhen.

10.3. Both the User and eWeLink agree that any dispute arising from the services shall first be settled through consultations by the Parties. If no settlement can be reached through such consultations, either Party may submit the dispute to the court of competent jurisdiction over the district where this Agreement is signed.

11.1. For a specific service of the Developer Platform, there may be a separate agreement and related business rules, etc. (hereinafter collectively referred to as the "separate agreement"), so please read and agree to the relevant separate agreement before using such specific service.

11.2. This Agreement shall be deemed to have been entered into force by eWeLink and the User upon publication on the eWeLink website or platform. The published effective date for this version of the agreement is 06 December 2021.

11.3. The headings to all the terms of this Agreement are for ease of reference only and themselves contain no practical significance; they cannot be used in interpreting the meaning of this Agreement.

11.4. If any provision of this Agreement is or becomes invalid or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect and binding upon both Parties hereto.

If you have any questions and comments about the content of this statement and policy, or you have any questions and comments about eWeLink’s practice and operation of this privacy policy, please feel free to contact us via app@coolkit.cn.