Wistate Software License and Service
Agreement
First and introduction
Welcome to use Wistate
software and services!
Wistate software is operated by Shenzhen Zhiguo Internet Technology Co., LTD. (hereinafter referred
to as the "Operator"). In order to use the Wistate
Software and Services (hereinafter referred to as the "Software",
"Wistate" or the "Services"), you
shall read and comply with the Wistate Software
License and Services Agreement (hereinafter referred to as the
"Agreement"), as well as Wistate's rules
and regulations.
Please be sure to carefully read and
fully understand the contents of the terms, especially the terms of exemption
or limitation of liability, and the separate agreement to open or use a
service/function, and choose to accept or not accept.
Unless you have read and accepted all
terms of this Agreement, you do not have the right to download, install or use
the Software and related services. By downloading, installing, using, obtaining
a Wistate account, logging in, etc., you are deemed
to have read and agreed to the above agreement.
If you have any violation of this
Agreement, the Operator has the right to unilaterally restrict, suspend or
terminate the Service provided to you at any time in accordance with the
violation, and has the right to hold you responsible.
If you are under the age of 18,
please read this Agreement and the other agreements above with a legal
guardian, paying special attention to the Terms of Use for minors.
Scope of the agreement
1.1 Scope of subject of the Agreement
This Agreement is an agreement between you and the
Operator regarding your download, installation, use, reproduction of the
Software and use of Wistate related services.
1.2 Agreement relationship and conflict clause
The content of this Agreement includes the following
terms and all kinds of rules that the operator (the Software) has published or
may publish in the future. Such rules are an integral part of this Agreement
and have the same legal effect as the body of this Agreement. In case of any
conflict between this Agreement and the above content, the later effective
agreement shall prevail.
Ii. About the Service
2.1 Content of the Service
The Service content refers to the software license and
services provided by the Operator to the user, including but not limited to:
password door opening, door opening record, property notice, electronic key
door opening, advertising and other functions or contents, subject to the
specific service content provided by Wistate at that
time (hereinafter referred to as the "Service").
2.2 Form of the Service
2.2.1 Your use of the Service requires you to download
the Wistate Client Software, for which Operator grants
you a personal, non-transferable and non-exclusive license. Wistate
web version, Windows version, Mac version, etc. (the specific version provided
by the operator at that time shall prevail) requires an account password to log
in. You may use the Software and Services only for the purpose of accessing or
using the Services.
2.2.2 The Wistate client
software in the Service includes but is not limited to iOS, Android, Windows
Phone, Symbian, BlackBerry, Windows, Mac and other application versions (specific
versions provided by the operator at that time shall prevail). The user must
select the software version that matches the installed terminal device.
2.3 The scope of the Service license
2.3.1 Operator grants you a personal, non-transferable
and non-exclusive license to use the Software. You may install, use, display
and run the Software on a single terminal device for non-commercial purposes.
2.3.2 You may make one copy of the Software for the
purpose of using the Software and Services only as a backup. The backup copy
must contain all copyright information contained in the original software.
2.3.3 All other rights not expressly authorized by this
Article and other provisions of this Agreement shall be reserved by Operator
and you shall obtain Operator's written permission to exercise such rights
separately. Operator's failure to exercise any of the foregoing rights shall
not constitute a waiver of such rights.
3. Acquisition of software
3.1 You may obtain the Software directly from the
Operator's website or from a third party authorized by the Operator.
3.2 If you obtain the Software or the installation
program with the same name as the Software from a third party without the
authorization of the Operator, the Operator cannot guarantee the normal use of
the software and shall not be responsible for the loss caused to you.
4. Software installation and uninstallation
4.1 The operator may have developed different software
versions for different terminal devices. You should download and install the
appropriate version according to the actual situation.
4.2 After downloading the installation program, you need
to follow the steps prompted by the program to install it correctly.
4.3 In order to provide better and safer services, the
operator may recommend you to install other software during the installation of
the Software. You can choose to install or not install the software.
4.4 If you no longer need to use the software or need to
install a new version of the software, you can uninstall it by yourself. If you
are willing to help the operator improve the product service, please inform us
of the reason for the uninstallation.
5. Software update
5.1 In order to improve user experience and service
content, the Operator will constantly strive to develop new services and
provide you with software updates from time to time (these updates may take the
form of software replacement, modification, function enhancement, version
upgrade, etc.).
5.2 In order to ensure the security and functional
consistency of the Software and services, the Operator has the right to update
the software, or change or limit some functions of the software without special
notice to you.
5.3 After the new version of the software is released,
the old version of the software may not be available. The operator does not
guarantee the continued availability of older versions of the software and the
corresponding customer service, please check and download the latest version at
any time.
6. User personal information protection
6.1 The protection of users' personal information is a
basic principle of the Operator, and the Operator will take reasonable measures
to protect users' personal information. Except as prescribed by laws and
regulations, the operator will not disclose or disclose the user's personal information
to any third party without the user's permission. The operator adopts
professional encryption storage and transmission methods for relevant
information to ensure the security of users' personal information.
6.2 In the process of registering an account or using the
Service, you need to provide some necessary information, such as: in order to
provide you with account registration service or user identification, you need
to fill in your mobile phone number; The mobile phone address book matching function
requires your authorization to access the mobile phone address book. If
national laws, regulations or policies have special provisions, you need to
provide real identity information. If the information you provide is
incomplete, you may not be able to use the Service or may be restricted in your
use.
6.3 Under normal circumstances, you can browse and modify
the information you submit at any time, but for security and identification
reasons (such as the number appeal service), you may not be able to modify the
initial registration information and other verification information provided
during registration.
6.4 The Operator will use various security technologies
and procedures to establish a sound management system to protect your personal
information from unauthorized access, use or disclosure.
6.5 Without your consent, the Operator will not disclose
your personal information to any company, organization or individual other than
the Operator, except as otherwise provided by laws and regulations.
6.6 The operator attaches great importance to the
protection of minors' personal information. If you are a minor under the age of
18, you should obtain the prior written consent of your parent or legal
guardian before using Wistate's services.
6.7 In order to better serve users, the operator will
collect user registration information, usage records and other information in
the background for user behavior analysis, demographic statistics, interest
classification and other purposes.
Vii. Master rights and Obligations clause
7.1 Account Usage Specifications
7.1.1 You are required to register a Wistate
account before using the Service. Wistate account can
be registered by mobile phone number (if you need to bind email, QQ, bank
account, etc., according to the service or function you choose, you agree to
cooperate with the implementation). However, if you need to obtain the
convenience of Wistate access control services, you
also need to obtain the appropriate authorization from the manager of Wistate access control equipment. All disputes arising from
the access control license between you and the Wistate
access control equipment management party shall be resolved by you and the
other party through negotiation, mediation, litigation and other means. The
Operator has the right to change the way of account registration and binding
according to user needs or product needs. Regarding the specific rules of using
your account, please follow the relevant account usage agreement and the
special rules issued by the Operator for this purpose.
7.1.2 The ownership of the Wistate
account belongs to the Operator, and the user only obtains the right to use the
Wistate account after completing the registration
application procedures, and the right to use the WiState
account belongs only to the initial applicant. At the same time, the initial
applicant registrant may not gift, borrow, rent, transfer, or sell a Wistate account or otherwise license a non-initial
applicant registrant to use a Wistate account.
Non-initial registrants may not use Wistate accounts
by gift, inheritance, lease, transfer, or any other means.
7.1.3 The User is responsible for properly keeping the
registered account information and the security of the account password, and
the user shall be legally responsible for the registered account and the
actions under the password. The User agrees not to disclose the account and
password information to others under any circumstances. If you suspect that
someone else is using your account, you should notify Operator immediately.
7.1.4 When a user registers a Wistate
account with a mobile number, the system will automatically match the account
for you. You can set the account, but it can only be set once. After setting
the account, it cannot be modified.
7.1.5 If a user does not log in to the Wistate account for a long time after registering the Wistate account, Wistate has the
right to recall the account to avoid resource waste. Any losses arising
therefrom shall be borne by the user.
7.2 User Precautions
7.2.1 You understand and agree that in order to provide
you with effective services, the Software will utilize resources such as the
processor and bandwidth of your terminal device. Data traffic charges may be
incurred during the use of the software, and users should obtain the relevant
tariff information from the operator and bear the relevant expenses.
7.2.2 You understand and agree that some functions of the
Software may make users' information known to third parties. For example, a
user's friend may inquire the user's profile picture, name, account content and
other publicable personal information; If a user uses
a mobile number to register a Wistate account or a
mobile number associated with a Wistate account, the Wistate account can be queried by a friend who has the
phone number in the address book. Users who follow Wistate
public accounts will become public account followers. Wistate
public accounts can obtain user profile picture, name, account number, message
comment content, pictures, videos and other information according to their
functional rights, and can send messages to interact with users through Wistate public platform. The following user's message
comment content, pictures and videos uploaded to the public account can be
published in the public account by the Wistate public
account with the corresponding functional rights for third-party review.
7.2.3 When you use a specific service/function of the
Software, the service/function may have a separate agreement, relevant business
rules, etc. (hereinafter collectively referred to as the "separate
Agreement"), you should read and agree to the relevant separate agreement
before using the service/function; Your use of the aforementioned specific
Services constitutes your acceptance of the respective separate agreements.
7.2.4 You understand and agree that the Operator will use
its commercially reasonable efforts to ensure the security of your data storage
in the Software and Services, but the Operator cannot provide complete
guarantee in this regard, including but not limited to the following
circumstances:
7.2.4.1 The Operator is not responsible for the failure
to delete or store your relevant data in the Software and Services;
7.2.4.2 The Operator shall have the right to determine
the maximum storage period of data of a single user in the Software and
Services according to the actual situation, and allocate the maximum storage
space for data on the server. You can back up the relevant data in the software
and services according to your own needs;
7.2.4.3 If you stop using the Software and Services or
the Services are terminated or cancelled, the Operator may permanently delete
your data from the server. After the service is stopped, terminated or
cancelled, the Operator is not obliged to return any data to you.
7.2.5 When using the Software and Services, the user
shall bear the following risks beyond the control of the operator, including
but not limited to:
7.2.5.1 Risks such as loss and leakage of personal
information that may be caused by irresistible factors;
7.2.5.2 The User must select the software version that
matches the installed terminal device; otherwise, the user shall be solely
responsible for any problems or damages caused by the inconsistency between the
software and the terminal device.
7.2.5.3 When users use the Software to access third-party
websites, the risks that may be caused by third-party websites and related
content shall be borne by users themselves;
7.2.5.4 The content posted by the user is forwarded and
shared by others, so the risk and responsibility may be brought about by such
communication;
7.2.5.5 Risks such as software login failure, incomplete
data synchronization, and slow page opening caused by unstable network signals
and low network bandwidth.
7.2.6 You understand and agree that once the authorized
management function of the user of the Software to manage the access of
visitors is used, the visitors will get the function rights of key bag, visitor
photo, door opening password, household pass, information announcement, access
control video, etc. You need to ensure that the visitors are safe and reliable
and will not affect the life and property safety of others. The Operator does
not assume any responsibility for the risks and damages caused to itself or
others by your authorized management behavior.
7.3 Third-party products and services
7.3.1 When using the Software products or services
provided by third parties, you shall comply with the user agreement of the
third party in addition to the provisions hereof. The operator and the third
party shall be respectively liable for the possible disputes within the scope
prescribed by law and agreed upon.
7.3.2 When the user uses the Software or requires the
operator to provide specific services, the Software may call a third party
system or support the user's use or access through a third party, and the
results of use or access are provided by the third party (including but not
limited to the services provided by the third party through WistateAPP,
or the content accessed through the open platform, etc.). The Operator does not
guarantee the safety, accuracy, effectiveness and other uncertain risks of the
services and content provided by third parties, and the Operator shall not be
liable for any disputes and damages arising therefrom.
7.3.3 You understand and agree that the Operator has the
right to decide to use the Software for commercial purposes, including but not
limited to developing and using some services of the Software for third party
promotion, etc. The Operator undertakes to protect your personal information in
strict accordance with this Agreement during the promotion process, and you may
also choose to block or refuse to receive relevant promotional information
according to system Settings.
7.3.4 You understand and agree that in order to better
provide the service and ensure the normal use of the APP, the Operator may
publish commercial advertisements/public service advertisements through the Wistate homepage (banner).
Viii. User code of Conduct
8.1 Information content Specifications
8.1.1 The information content mentioned in this article refers
to any content produced, copied, published and disseminated by users in the
process of using the software and services, including but not limited to Wistate account profile picture, name, user description and
other registration information, or text, voice, picture and other sending,
reply, friend circle text and text and related link pages. And other content
generated by the use of the Wistate account or the
Software and Services.
8.1.2 You understand and agree that Wistate
has always been committed to providing users with a civilized, healthy,
standardized and orderly network environment, and you shall not use your Wistate account or the Software and Services to create,
copy, publish or disseminate the following content that interferes with the
normal operation of Wistate Software or infringes the
legitimate rights and interests of other users or third parties. Including but
not limited to:
8.1.2.1 Publishing, transmitting, disseminating and
storing contents that are prohibited by national laws and regulations:
(1) violates the basic principles established by the
Constitution;
(2) endangering national security, disclosing state
secrets, subverting state power, or undermining national unity;
(3) harming national honor and interests;
(4) inciting ethnic hatred, ethnic discrimination and
undermining national unity;
(5) sabotaging state religious policies and promoting
cults and feudal superstitions;
(6) spreading rumors, disturbing social order and
undermining social stability;
(7) spreading obscenity, pornography, gambling, violence,
terror or inciting crimes;
(8) Insulting or defaming others, infringing upon the
legitimate rights and interests of others;
(9) inciting illegal assembly, association, procession,
demonstration, gathering crowds to disturb social order;
(10) activities in the name of illegal non-governmental
organizations;
(11) Containing other contents prohibited by laws and
administrative regulations.
8.1.2.2 Publish, transmit, disseminate and store content
that infringes others' legal rights such as reputation, portrait, intellectual
property, trade secrets, etc.;
8.1.2.3 Involving the privacy, personal information or
data of others;
8.1.2.4 Publish, transmit or disseminate harassing,
advertising, over-marketing and junk information, or contain any sexual or
sexual implication;
8.1.2.5 Other information that violates laws and
regulations, policies, public order and good customs, social ethics, or
interferes with the normal operation of Wistate and
infringes the legitimate rights and interests of other users or third parties.
8.2 Software Usage Specifications
8.2.1 Unless permitted by law or permitted in writing by
the operator, you shall not engage in the following acts when using the
Software:
8.2.1.1 Delete the copyright information on the software
and its copies;
8.2.1.2 Reverse engineer, reverse assemble, reverse
compile the Software, or otherwise attempt to discover the source code of the
Software;
8.2.1.3 Use, rent, lend, copy, modify, link, reprint,
compile, publish, publish, set up mirror sites, etc., for the content with
intellectual property rights owned by the operator;
8.2.1.4 Copy, modify, add, delete, connect to or create any
derivative works of the Software or the data released into the memory of any
terminal during the running of the Software, the interaction data between the
client and the server during the running of the software, and the system data
necessary for the running of the Software; Including but not limited to the use
of plug-ins, plug-ins or third-party tools/services authorized by the operator
to access the Software and related systems;
8.2.1.5 By modifying or forging instructions and data in
the operation of the software, adding, deleting or changing the function or
operation effect of the software, or using the software and methods for the
above purposes to operate or disseminate to the public, regardless of whether
these acts are for commercial purposes;
8.2.1.6 Log in to or use the Operator's software and
services through third-party software, plug-ins, plug-ins and systems not
developed or authorized by the operator, or make, publish and disseminate the
above tools;
8.2.1.7 Interference with the Software and its
components, modules and data by itself or authorized others or third-party
software;
8.2.1.8 Other acts not expressly authorized by the
operator.
8.2.2 You understand and agree that, based on a
combination of factors such as user experience, Wistate
or relevant service platform operation safety, platform rules requirements and
healthy development, the Operator has the right to choose the object to provide
services, the right to decide the function Settings, the right to decide the
object and scope of function opening, data interface and relevant data
disclosure. Under the following circumstances, you have the right to suspend or
terminate the provision of the Service according to specific circumstances,
including but not limited to:
8.2.2.1 Violates laws and regulations or provisions of
this Agreement;
8.2.2.2 Affecting the service experience;
8.2.2.3 There are security risks;
8.2.2.4 Similar or identical to the existing major
functions or functional components of Wistate or its
service platform, or capable of realizing the main utility of such functions or
functional components;
8.2.2.5 The interface, style, function, description or
user experience is similar to Wistate or its service
platform, which may cause Wistate users to believe
that the functions or services used by them are derived from or authorized by
Operator;
8.2.2.6 Violates Wistate or its
service platform operating principles, or does not meet other management
requirements of the operator.
8.3 Service operation Specifications
Unless permitted by law or with the written permission of
the operator, you may not engage in the following acts in the course of using
the Service:
8.3.1 Submit or publish false information, or impersonate
or use the name of others;
8.3.2 Inducing other users to click on linked pages or
share information;
8.3.3 Fabricating facts or concealing the truth to
mislead or deceive others;
8.3.4 infringing others' right of reputation, right of
portrait, intellectual property, trade secret and other legal rights;
8.3.5 Using the Wistate account
and any function, as well as the third-party operating platform for promotion
or mutual promotion without the written permission of the operator;
8.3.6 Using the Wistate account
or the Software and services to engage in any illegal and criminal activities;
8.3.7 Make and publish methods and tools related to the
above actions, or operate or disseminate such methods and tools, whether these
actions are for commercial purposes or not;
8.3.8 Other acts that violate laws and regulations,
infringe on the legitimate rights and interests of other users, interfere with
the normal operation of the product, or are not expressly authorized by the
operator.
8.4 Take responsibility for your actions
You fully understand and agree that you must be
responsible for all actions under your registered account, including any
content you post and any consequences arising therefrom. You shall exercise
your own judgment on the content of the Service and assume all risks arising
from your use of the Content, including those arising from reliance on the
correctness, completeness or usefulness of the Content. Operator cannot and
will not be liable for any loss or damage arising from such risks.
8.5 Handling Breach of Contract
8.5.1 If the Operator finds or receives reports or
complaints from others that the user violates this Agreement, the Operator has
the right to delete or screen the relevant content at any time without notice,
and impose penalties on the account violating the Agreement, including but not
limited to warning, restricting or prohibiting the use of part or all of the
functions, blocking the account until the cancellation, and announce the
result.
8.5.2 You understand and agree that the Operator has the
right to punish any violation of relevant laws and regulations or provisions of
this Agreement according to its reasonable judgment, take appropriate legal
actions against any user who violates the laws and regulations, and keep
relevant information in accordance with laws and regulations to report to the
relevant departments, etc., and the User shall bear all legal responsibilities
arising therefrom.
8.5.3 You understand and agree that you shall be solely
responsible for any claim, demand or loss claimed by a third party arising from
your breach of this Agreement or the relevant Terms of Service; If the operator
suffers losses as a result, you shall also compensate for them.
Ix. Intellectual Property Statement
9.1 The operator is the intellectual property right
holder of the software. All Copyrights, trademarks, patents, trade secrets and
other intellectual property rights of the Software, as well as all information
content related to the software (including but not limited to text, pictures,
audio, video, graphics, interface design, layout frame, relevant data or
electronic documents, etc.) are protected by the laws and regulations of the
People's Republic of China and corresponding international treaties. The
operator shall enjoy the above-mentioned intellectual property rights, except
for the rights that the relevant right holders shall enjoy in accordance with
the provisions of law.
9.2 Without the written consent of the operator or the
relevant right holder, you shall not implement, exploit or transfer the above
intellectual property rights by yourself or permit any third party for any
commercial or non-commercial purpose.
10. Terminal security responsibility
10.1 You understand and agree that the Software, like
most Internet software, may be affected by a variety of factors, including but
not limited to user reasons, network service quality, social environment, etc.
It may also be subjected to various security issues, including but not limited
to the illegal use of user information by others, harassment in real life;
Other software downloaded and installed by users or other websites visited by
users may contain viruses, Trojan horses or other malicious programs that
threaten the security of your terminal device information and data, thus
affecting the normal use of the software. Therefore, you should strengthen the
awareness of information security and personal information protection, pay
attention to password protection, so as to avoid losses.
10.2 You shall not create, publish, use, and disseminate
malicious programs for stealing Wistate accounts and
other people's personal information and property.
10.3 Maintaining the security and normal use of the
software is the joint responsibility of the Operator and you. The Operator will
take the necessary technical measures to protect the security of your terminal
equipment information and data in accordance with industry standards in a
reasonable and prudent manner, but you acknowledge and agree that the Operator
cannot provide complete guarantee in this regard.
10.4 Under no circumstances should you be trusted to
borrow money, ask for passwords or other online information involving property.
Involving property operations, please be sure to verify the identity of the
other party first, and please pay attention to the tips of the operator on
preventing fraud crimes.
Third party software or technology
11.1 The Software may use third-party software or
technology (including open source code and public domain code that may be used
by the Software, the same below), and such use has been legally authorized.
11.2 If the Software uses third-party software or technology,
the Operator will display relevant agreements or other documents in the form of
attachments to the Agreement, packages in specific folders of the software
installation package, or open source software pages in accordance with relevant
laws and regulations or agreements. They may be expressed as "Software
License Agreement", "License Agreement", "open source
license", or other forms. The aforementioned relevant agreements, other
documents and web pages displayed in various forms are an integral part of this
Agreement and have the same legal effect as this Agreement, and you shall
comply with these requirements. If you do not comply with these requirements,
the third party or state authority may file a lawsuit against you, fine or take
other sanctions, and require the operator to provide assistance, you shall bear
the legal responsibility.
11.3 Any dispute arising from the third-party software or
technology used by the Software shall be settled by the third party, and the
operator shall not assume any responsibility. Operator does not provide
customer support for third party software or technology. If you need support,
please contact the third party.
Xii. Others
12.1 By using the Software, you are deemed to have read
and agree to be bound by this Agreement. The Operator reserves the right to
modify the terms of this Agreement if necessary. You can view the terms of the
agreement in the latest version of the software. If you continue to use the
Software after the terms of this Agreement are changed, you shall be deemed to
have accepted the revised Agreement. If you do not accept the revised
agreement, you should stop using the software.
12.2 This Agreement is executed in the People's Republic
of China
12.3 The establishment, entry into force, performance,
interpretation and dispute resolution of this Agreement shall be governed by
the laws of the Mainland of the People's Republic of China (excluding conflict
law).
12.4 In the event of any dispute or dispute between you
and the Operator, it shall first be settled through friendly negotiation; If no
agreement can be reached through negotiation, you agree to submit the dispute
or dispute to the court with jurisdiction in the place where this Agreement is
signed.
12.5 The headings of all the provisions of this Agreement
are for convenience only and have no actual meaning and shall not be used as
the basis for interpretation of the meaning of this Agreement.
12.6 If any part of the provisions of this Agreement is
invalid or unenforceable for any reason, the remaining provisions shall remain
valid and binding upon both parties.
12.7 The attachments to this Agreement shall have legal
effect only when the user uses the relevant services. Please read them
carefully before choosing to use the relevant services. If the attachments
conflict with this Agreement, the attachments shall apply.
(end of text)