Terms of Service

Welcome to eWeLink Smart Home Add-on!

Last updated: February 28, 2022

eWeLink hereby reminds all users to carefully read and fully understand the eWeLink Smart Home Add-on terms of service (hereinafter referred to as "the terms"). Users should carefully read and fully understand the terms, 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 before using eWeLink Smart Home Add-on service (hereinafter referred to as “service” or “eWeLink service”). After reading the terms carefully, please decide whether you are willing to accept the terms listed herein (minors should read the terms together with a legal guardian). By using the device or service offered by eWeLink, you accept the terms of service and are legally bound by them. If you don’t accept the terms of service, you have the right to refuse. While it means you have no access to eWeLink service. We are working hard to improve our service, thereby, the terms of service are changing with eWeLink service. eWeLink reserves the right to modify this terms. Any amended terms shall be announced on eWeLink Smart Home Add-on and the new terms shall take effect on the date of publication. By continuing to use the eWeLink service after amended terms of service have come into effect, users accept the amended terms of this service. If you do not accept the amended terms of service, please immediately discontinue your use of the eWeLink service. The individual accepting these terms must be of legal age to form a binding contract (or if not, you have obtained permission from your parent or guardian to use the eWeLink service and have had your parent or guardian agree to the terms of service). If you agree to these terms on behalf of an organization or entity, you represent and warrant that you have the authority to agree to these terms on behalf of that organization or entity and to bind them to these Terms. You hereby certify that you are legally permitted to use the eWeLink service and assume full responsibility for the selection, access and use of our service.

I. General Provisions

1.1. The terms of service are the terms 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 Smart Home Add-on (hereinafter referred to as the "eWeLink Add-on") by the User, as well as the terms related to the use of eWeLink service.

1.2. The eWeLink Add-on is a service provided by the eWeLink plug-in running in the Home Assistant, which provides smart device control and smart scene operation for users using this eWeLink Add-on.

1.3. The rights of ownership and operation of the eWeLink Add-on and service are vested in eWeLink.

II. Scope of Service

2.1. The users need to register in the other platforms (such as eWeLink APP, and so on) to log in eWeLink accounts before using the eWeLink Add-on and service to ensure that your third-party services and devices can be used properly.

2.2. eWeLink will make reasonable efforts to ensure that service is available 24 hours a day, 7 days a week. However, there may be times when service is interrupted for maintenance, upgrades and emergency repairs. eWeLink will take all reasonable steps to minimize such interruptions that are within eWeLink’s reasonable control. You agree that in no event shall eWeLink be liable to you or any other party for any suspension, modification, interruption or lack of availability of the eWeLink service.

2.3. You are responsible for obtaining and maintaining any device or ancillary services necessary to connect to, access, or otherwise use the eWeLink service, including, but not limited to, cell phones, modems, hardware, software, data plans, and long distance or local telephone service. You are responsible for ensuring that such device or ancillary services are compatible with the eWeLink service.

2.4. eWeLink has no control over, and assumes no responsibility for, the content, accuracy, privacy policies or practices of, or opinions expressed by, any third-party websites or any third parties with whom you interact through the eWeLink service. By using the service, you release us from any and all liability arising from your use of any third-party websites or services and hold us harmless from any liability.

2.5. If a dispute exists between a user and any third party, you agree that eWeLink is under no obligation to become involved. If you have a dispute with one or more other users, you release eWeLink, its officers, employees, agents and successors from any claims, demands and damages, known or unknown, suspected or unsuspected, disclosed or undisclosed, liability arising out of or in any way related to such dispute and/or our service.

III. Usage Specifications

3.1. THE USER MAY USE THE EWELINK SMART HOME ADD-ON AND SERVICE IN ACCORDANCE WITH THIS TERMS OF SERVICE AND RELEVANT LAWS. THE USER SHALL NOT COMMIT THE FOLLOWING ACTS:

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

3.1.2. Perform reverse engineering of the Software, such as disassembly, de-compilation, or other attempts to obtain the source code of the Software;

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

3.1.4. Use the Software 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 Software system or network weaknesses, or perform other actions to disrupt network security; attempt to interfere with or destruct the normal operation of the Software 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;

3.1.5. The User logs into or uses the Software and services through a third-party compatible software or system which was not developed, authorized, or approved by eWeLink, or makes, publishes, or disseminates the tools described above;

3.1.6. Without the written consent of eWeLink, the User performs the actions on the Software 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 Software without authorization to develop related derivative products, works, services, plug-ins, bots, compatibility or interconnection;

3.1.7. Using the Software to publish, transmit, broadcast, or store content that violates local laws and regulations;

3.1.8. Use the Software 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;

3.1.9. Use the Software to publish, transmit or disseminate advertising information or spam in bulk;

3.1.10. Use the Software and other services provided by eWeLink in any unlawful manner, for any unlawful purpose or in any manner inconsistent with the use licensed under the terms of service;

3.2. Information Publication Specifications

 3.2.1. You may use the Software 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 Software and services does not infringe any legitimate rights or interests of any third party.

3.2.2. When using the Software, the User shall comply with local laws and regulations.

3.2.3. You shall not use the Software to commit the following acts, including but not limited to:

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

3.2.3.2. 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;

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

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

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

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

3.3. You understand and agree that:

3.3.1. 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 the terms of service;

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

3.3.3. 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;

3.3.4. The User shall indemnify and hold harmless eWeLink from and against any and all losses, third-party claims, administrative penalties and damages and/or expenses, including reasonable attorney fees and investigation and evidence collection costs, incurred or suffered by eWeLink resulting from the User's violation of relevant laws or breach of the terms of service.

IV. Privacy Policy and Data Protection

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 service, please carefully read this Privacy Policy.

Ⅴ. Support

eWeLink may choose, in its sole discretion, to provide you with support or modifications to the service hereinafter referred to as "Support") and may change, reduce or terminate such Support at any time and without notice.

Ⅵ. Limits of Liability

In no event shall eWeLink be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your use of the eWeLink Add-on or the service, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise) or any other pecuniary loss, whether or not eWeLink has been advised of the possibility of such damages. In no event will eWeLink be liable to you for any amount.

VII. Description of Third-Party Content/Services

7.1 The User understands and agrees that the eWeLink Add-on may contain content or services provided by affiliated parties of eWeLink or third parties, and that eWeLink only provides relevant functional modules in the eWeLink Add-on 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 eWeLink Add-on or used 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 or controversy between the user and the third-party content or service provider shall be resolved through negotiation between the user and the third-party service provider, and eWeLink shall not be responsible for it.

VIII. Statement on Intellectual Property Rights

8.1. eWeLink is the intellectual property right holder of the Software. All intellectual property rights such as copyright, trademark, patent, trade secret, etc. relating to the Software, and all information related to the Software (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.

IX. Amendment

We are always working to improve the service, so it may change over time. We may suspend or discontinue any part of the service, or we may introduce new features or impose restrictions on certain features or limit access to some or all of the service. We will endeavor to notify you when we make material changes to the service that may adversely affect you, but this is not always possible. Likewise, we reserve the right to remove any content from the service at any time, in our sole discretion, for any reason (including, but not limited to, if someone claims that the content you provide violates these Terms) without notice.

X. Applicable Law and Dispute Resolution

10.1. The validity and interpretation of the terms of service 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. The terms of service are signed in Nanshan District, Shenzhen.

10.3. Both the User and eWeLink agree that any dispute arising from the service 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 thw terms of service are signed.

XI. Other

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

11.2. The terms of service shall enter into force on February 18, 2022.

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

11.4. If any provision of the terms of service 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.

 

 

Privacy Policy

Thank you for your trust and support in eWeLink Smart Home Add-on!

We (Shenzhen CoolKit Technology CO., LTD) understand the importance of your personal information, so we will take appropriate measures to protect your personal data. This Policy describes how we collect, use, and handle your personal information when you use our eWeLink Add-on and service (collectively, "service").

By using eWeLink services, you consent to the privacy practices described in this Policy. This Policy is incorporated into and is subject to the terms of service for the eWeLink Products and Services you use.

Information We Collect

In order to provide our service to you, eWeLink will receive or collect required information when we operate and provide our service. If you decline to offer your information, we may not provide the relevant service or troubleshoot the issues you encountered.

1. Information You Provide

Account Information: When you are interacting with our devices, before we further collect the nickname, country code, language preference, timezone and other personal sensitive data in your account, we will get your consent via your clicking ‘agree’ button through explicit popup messages.

Feedback: When you submit feedback to get customer support for our service, you will provide us with information related to your use of our service, including your email address, mobile phone number, and your feedback content so we can provide you customer support.

2. Automatically Collected Information

Device Information: When you access or use our device or service, we automatically collect device-specific information, such as such as browser version information, IP address, operating system type and version, plug-in version number, etc.

Usage Data: When you access or use our device or service, we automatically collect usage data related to visits, clicks, downloads, sending/receiving messages and other uses of our devices and/or services.

Log Information: When you access or use our device or service, logs and exception stacks generated during the operation of the devices and/or services may be uploaded.

Information of Smart Devices: When you access or use our device or service, we automatically collect information about your smart device in Home Assistant, such as the name of your smart devices, the manufacturer, the type of entity, etc.

How We Use Information

We may use information collected for the following purposes:

Operate and provide services to you: To provide you with our service, such information as your account and profile data, device information, usage data, location information, and smart device-related information are collected and processed. The legal basis for this processing is to perform our contract with you according to our Terms of Use.

Maintain and enhance our Service: Your information is collected for us to understand and analyze the usage trends and preferences, to improve our service, and to develop new products, services, features, and functionality. The legal basis for this processing is to perform our contract with you according to our Terms of Use.

Customer Support: We use your personal information to keep you informed of important updates of our service, such as changes of terms and policies and communicate with you to provide support to you, so as to perform our contract with you according to our Terms of Use.

Marketing-related activities: We share marketing materials about our service that interest users that consent to receive such information. You may choose not to receive such information through the option we provide.

Personalized service: When we are handling your account, profile data, usage data, and device information, we aim to provide individualized product design and service tailored to your request (such as recommending or showing products and ads that may interest you) and invite you to take surveys about product usage. The legal basis for this processing is your consent.

Compliance: We will process your personal data when we deem it necessary or appropriate: (a) to comply with applicable laws and regulations; (b) to comply with legal procedures; (c) to respond to requests from public and government agencies; (d)to fulfill our terms and conditions; (e) to protect our operations, business and systems; (f) protect the rights, privacy, safety or property of us and/or other users including you; and (g) seek available remedial measures or reduce the loss we may suffer.

 To Whom We Share Information

We only share your personal data in ways you are told about. We may share your information with the following third parties:

1. Third-party service providers who provide us with certain business-related services, such as website hosting, data analysis, payment and credit card processing, infrastructure supply, IT services, customer support services, email sending services, and other similar services so that they can provide services to us.
2. Clients and other business partners who directly or indirectly provide you with smart devices and/or the networks and systems you use to access and use our website and services.
3. In the event of a reorganization, merger, sale, joint venture, assignment, transfer, or other disposals of all or part of our business, assets, or stocks (including but not limited to the above circumstances related to any bankruptcy or similar proceedings), we shall disclose your personal data to other third parties. In this case, you will receive a clear notification via email and/or our website regarding the change of ownership, the incompatibility of new use of personal information, and the choice of personal information.
4. Where we deem it necessary or appropriate: (a) to comply with applicable laws and regulations; (b) to comply with legal procedures; (c) to respond to requests from public and government agencies, including public and government agencies outside the country/region where you live ; (D) to fulfill our terms and conditions; (e) to protect our operations, business and systems; (f) to protect the rights, privacy, security or property of us and/or other users including you; and (g ) to seek available remedies or reduce the losses we may suffer.
5. To subsidiaries or affiliates within the group to carry out business activities on a regular basis
6. Except for the third parties mentioned above, we only disclose your personal data to other third parties with your consent.

Your Rights

1. According to applicable laws, you have the right to object to or request the restriction of the processing of your personal data, and to request the right to access, correct, delete, and portability of your personal data.
2. Where the use of your information is based on your consent, you have the right to withdraw that consent at any time, but the withdrawal of consent does not affect the legality of data processing based on consent before the withdrawal.
3. You can request the processing of your personal data by canceling your account in the user center of the official eWeLink APP’s or you can also send an email to app@coolkit.cn.
4. If you find that your information has changed or is inaccurate, please notify us of these changes so that our records can be updated or corrected. If you believe that our processing of your personal data violates applicable laws, you can lodge a complaint to a supervisory authority.
5. Our retention time for your personal data depends on the needs of providing services or products to you, or in accordance with the requirements or permits of applicable laws such as tax laws and accounting laws.

Delete Account

You can delete your eWeLink account by clicking eWeLink APP>Profile> Settings > eWeLink Account > Delete Account. If you confirm to "delete account", the account will be deleted immediately. And your account data could not be restored, please think twice.

Information Security Measures

We are committed to ensuring the security of your personal data. In order to prevent unauthorized access, disclosure, or other similar risks, we have established reasonable physical, electronic, and management procedures to protect the information we collect. In order to protect the security of your personal data, we have set out the following security procedures and technical and organizational measures:

1. Your personal data will be stored on secure servers and protected in controlled facilities.
2. All data stored in the backend will be categorized into different levels according to the importance and sensitivity of the data, for example, whether it contains personal data.
3. In the data center, data clusters containing sensitive data are assembled in the network topology and placed in rooms with additional physical security protection.
4. The data exchange between the eWeLink device and the server is encrypted by the Secure Socket Layer (SSL).
5. Users can choose to use the two-step verification process when accessing their eWelink account.
6. We regularly review our practices regarding the collection, storage, and processing of information, including physical security measures, in order to prevent unauthorized access to the system.
7. The system is only accessible to eWelink employees and third-party service providers so that they can obtain the required information for processing data. They must abide by strict contractual confidentiality obligations. If they fail to fulfill these obligations, they may face punishment or dismissal.
8. All server clusters used for cloud eWeLink Add-on data storage and processing are set up with access control.
9. Most data used for eWeLink products and/or services are stored in a storage system. By using the column-based access control mechanism, only eWeLink employees who have obtained access permission can access the data columns they are authorized to access.
10. Please note that in order to implement the above arrangements, eWeLink may use overseas facilities operated and controlled by eWelink to process or back up your personal data. Currently, eWeLink has data centers in Beijing and Singapore. Therefore, we may transfer and store your personal data in our overseas facilities. But this does not change any commitments we make to you regarding the protection of your personal data in accordance with this privacy policy.

Information security is of great importance for us. We will take all practical measures to ensure the security of your personal data. Through the above protective measures, especially encrypted storage and transmission, your data is very safe. Certain details in the encrypted data can only be accessed by you.

 Children's Privacy Protection

We attach great importance to protecting the privacy of young children. Please obtain written consent from your parent or legal guardian before our services are directed to you who are under the age of fourteen (14) (or such other age provided by applicable law in your country/region of residence). We protect the privacy of young children according to the relevant laws and regulations provided by different areas, regions/countries. Please note that we will take steps to delete personal information if we are aware that we have collected Personal Data from young children without permission from children's parents or legal guardians.

Released Effective

This Privacy Policy takes effect when it is published and updated on this eWeLink Smart Home Add-on, and is binding on eWeLink and all users who access this eWeLink Add-on (including registered and logged-in users and unregistered and logged-in users).

Dispute Resolution

If the parties file a lawsuit with the court due to disputes arising from this Privacy Policy, the people's court where eWeLink is located shall have jurisdiction.