Software License and Service Agreement
BOTSLAB INC. (hereinafter referred to as "BOTSLAB") hereby reminds all users to carefully read
and fully understand the Software 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 BOTSLAB'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 Software or by opening and logging in
to your account, you accept the terms of this Agreement and are legally bound by them.
BOTSLAB reserves the right to modify this Agreement. Any amended terms shall be announced on the
official website or included with the Software, and the new terms shall take effect on the date of
publication. Users may download and reinstall the Software 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
"Botslab" software and services provided by BOTSLAB. By continuing to use the
"Botslab" software and services provided by BOTSLAB, users accept the amended terms of this
Agreement.
I. General Provisions
1.1. This Agreement is the agreement entered into by and between you (hereinafter referred to as the
"User") and BOTSLAB and its operating partner (hereinafter referred to as the
"Partner") concerning the download, installation, and use of the "Botslab" software
(hereinafter referred to as the "Software") by the User, as well as the terms related to the
use of BOTSLAB's services.
1.2. The Software and services are provided by BOTSLAB 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 Software and services are vested in BOTSLAB.
II. Scope of Software Licensing
2.1. BOTSLAB grants the User a personal, non-transferable, and non-exclusive license to use the Software
without the right to sublicense.
2.2. The User may install, use, display, and run the Software on a single mobile terminal device for
non-commercial purposes. However, the User shall not install, use, or run the Software for the purpose
of any commercial operation. The User shall not copy, alter or modify any data stored within the
Software, any data released to the memory of any terminal device during execution of the Software or any
data generated during the interaction between the client and the server during execution of the
Software. The User shall not operate the Software through other software or create any derivative of the
Software in any form, including but not limited to plug-ins, bots or accessing the Software and related
systems through unauthorized third party tools/services. If you must sell, copy or distribute the
Software commercially, such as for software pre-installation and bundling, a written authorization and
permission from BOTSLAB must be obtained in advance.
2.3. Without the permission of BOTSLAB, the User shall not install the Software on other terminal
devices that are not expressly permitted by BOTSLAB, including but not limited to set-top boxes, game
consoles, televisions, and DVD players.
2.4. The User may make a copy of the Software for the purpose of using the said Software and services,
which shall be used only as a backup. All backup copies shall include the copyright information provided
with the original software.
2.5. Except as expressly authorized by this Agreement, BOTSLAB does not grant other rights to the User.
If the User intends to exercise any other right, the written consent from BOTSLAB shall be obtained in
advance.
III. Software Acquisition, Installation, and Upgrades
3.1. The User shall download and install the Software from the website or in the manner designated by
BOTSLAB. Be careful not to download the Software from undesignated websites, so as to prevent mobile
devices from being infected by malicious programs that can destroy user data and acquire confidential
user information. If you acquired the Software or an installation program with the same name as the
Software from a third party that has not been authorized by BOTSLAB, BOTSLAB is unable to guarantee the
normal functionality of such software and will not be liable for any losses you sustain from using such
software.
3.2. The User must select the Software version that matches the terminal device it is to be installed
on. Otherwise, any software problems, device problems or damages resulting from using an incompatible
software version on the device model shall be solely assumed by the User.
3.3. In order to improve User experience and optimize service content, BOTSLAB reserves the right to
provide replacement, modified, and upgraded versions of the Software, as well as the right to charge for
these replacements, modifications, or upgrades. However, your consent is required before such charges
can be collected. The Software will enable the "upgrade prompt" feature by default for the
User. Depending on the software version installed by the User, BOTSLAB will provide the User with the
decision whether to enable the said feature. After the new version of the Software is released, BOTSLAB
does not guarantee that older versions of the Software will continue to be usable.
IV. Usage Specifications
4.1. The User may use the Software 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 Software and other duplicate copies, or modify, delete,
or circumvent the technical measures set by the Software for the protection of intellectual property
rights;
4.1.2. Perform reverse engineering of the Software, such as disassembly, decompilation or other attempts
to obtain the source code of the Software;
4.1.3. 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;
4.1.4. 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;
4.1.5. 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 BOTSLAB, or makes, publishes, or disseminates
the tools described above;
4.1.6 Without the written consent of BOTSLAB, the User performs action 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;
4.1.7. Using the Software to publish, transmit, broadcast, or store content which violates local laws
and regulations;
4.1.8. 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;
4.1.9. Use the Software to publish, transmit or disseminate advertising information or spam in
bulk;
4.1.10. Use the Software and other services provided by BOTSLAB 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 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.
4.2.2. When using the Software, the User shall comply with local laws and regulations.
4.2.3. You shall not use the Software 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 BOTSLAB, you shall not carry out any commercial activities inside the
Software, such as advertising and selling merchandise.
4.3. You understand and agree that:
4.3.1. BOTSLAB 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. BOTSLAB 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 Software;
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 BOTSLAB harmless from and
against any losses or expenses arising therefrom;
4.3.4. The User shall indemnify and hold harmless BOTSLAB 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 BOTSLAB resulting from the
User's violation of relevant laws or breach of this Agreement.
V. Service Risks and Disclaimers
5.1. 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.
5.2. Neither BOTSLAB 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.
5.3. The Software, like most other Internet software, 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 software 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
Software. The User shall strengthen data security and consciousness of protecting user information and
must strengthen password protection to prevent losses and disturbance.
5.4. When the User uses the Software or requests BOTSLAB to provide specific services, the Software may
call upon a third party system or software to support the User's use or access. The results of the
use or access will be provided by the third party. BOTSLAB does not guarantee the safety, accuracy and
effectiveness of the results achieved through the support of the said system or software, nor does
BOTSLAB assume any other uncertain risks; BOTSLAB assumes no liability in the event that any dispute
arises therefrom or damage is caused thereby.
5.5. BOTSLAB specifically brings to the User's attention that, in order to protect the company's
business development and right to make adjustments, BOTSLAB has the right to modify or suspend the
services at any time without notice to the User and without any liability to the User or any third
party.
5.6. Except as expressly specified in laws and regulations, we will do our utmost to ensure that the
Software and the technology and information involved are safe, effective, accurate and reliable;
however, due to limitations in current technology, the User understands that BOTSLAB cannot provide any
guarantee.
5.7. The User shall be solely liable for compensation for any personal injury or 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:
5.7.1. The use of or failure to use the licensed software;
5.7.2. The unauthorized use of the Software or modification of the User's data by a third
party;
5.7.3. Costs and losses incurred by the User during the use of the Software;
5.7.4. Misunderstanding by the User of the Software;
5.7.5. Other losses in connection with the Software for reasons not attributable to BOTSLAB.
5.8. For acts carried out through the Software between the User and other users of the Software, the
liability for any personal injury or economic damages or losses that arise or may arise from the User
having been misled or deceived shall be borne according to the law by the party at fault.
VI. Statement on Intellectual Property Rights
6.1. BOTSLAB 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. BOTSLAB enjoys the
intellectual property rights described above.
6.2. Without the prior written consent of BOTSLAB, 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. BOTSLAB reserves the right to pursue legal liability for such acts.
VII. Amendment
7.1. BOTSLAB has the right to amend the terms of this Agreement when necessary, and any such amended
terms will be published on relevant web pages. If the User does not agree with the amended terms, the
User shall cancel the service. The User's continuing to use the service constitutes acceptance of
the amended terms of the Agreement.
7.2. BOTSLAB 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, BOTSLAB 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. BOTSLAB and its Partner will do their utmost to notify the User of any amendments or
changes by email or other means.
VIII. Applicable Law and Dispute Resolution
8.1. 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.
8.2. This Agreement is signed in Haidian District, Beijing.
8.3. Both the User and BOTSLAB 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.
IX. Other
9.1. For a specific service of the Software, 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 relevant separate agreement before using such specific service.
9.2. This Agreement shall enter into force on June 15, 2020.
9.3. 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.
9.4. 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.