Service Terms

(Including: Software License Agreement Service Terms)

[Important Notice]

CyberNex Networks Limited and its affiliated companies (hereinafter referred to as "CyberNex" or "We") kindly ask users to carefully read and fully understand the software authorization and service agreement (this "Agreement"). Users should carefully read and fully understand the terms of this Agreement, especially those related to exemption or limited liability, dispute resolution, and applicable law. Please pay close attention to the terms marked in bold regarding exemption or limited liability. Please read carefully and choose to accept or not accept this Agreement (minors should be accompanied by their legal guardians when reading this Agreement). Downloading, installing, and using the software, as well as accessing and logging into your account, indicates that you agree to accept this Agreement and are bound by its terms.

CyberNex reserves the right to modify this Agreement. If the terms of this Agreement are updated, they will be announced on the official website, app stores, or software, and will take effect from the date of publication. Users can re-download and install the software or review the latest version of this Agreement through various app stores. After CyberNex modifies the terms of this Agreement, if you do not accept the modified terms, please immediately stop using the App software and services provided by CyberNex; your continued use of the App software and services provided by CyberNex will be deemed as acceptance of the revised terms of this Agreement.

1.General Terms

1.1. This Agreement is an agreement between you (hereinafter referred to as "User") and CyberNex and its operating partners (hereinafter referred to as "Partners") regarding the user's download, installation, and use of CyberNex's App software (hereinafter referred to as "Software") and the use of CyberNex-related services.

1.2. The Software and services are provided by CyberNex and are installed and used on (including but not limited to) mobile intelligent terminal devices to synchronize data collected by CyberNex products and track sports information.

1.3. The ownership and operation rights of the Software and services shall belong to CyberNex.

2.Scope of Software Authorization License

2.1. CyberNex grants the user a personal, non-transferable, and non-exclusive license to use the Software, but the user does not have the right to sub-license.

2.2. Users may install, use, display, and execute the Software on a single mobile terminal device for non-commercial purposes. However, users may not install, use, or execute the Software for commercial operations. Users may not copy, alter, or modify any data of the Software, or any data sent to any terminal device memory during the execution of the Software, as well as any interactive data generated between the client and the server during the execution of the Software, or use plugins to execute the Software, or establish any derivative works (including but not limited to plugins) in any form, or access the Software and related systems through unauthorized third-party tools/services. If you need to sell, copy, or distribute the Software for commercial purposes, such as pre-installation and bundled sales of the Software, you must obtain written authorization and permission from CyberNex.

2.3. Without permission from CyberNex, users may not install the Software on other terminal devices not explicitly permitted by CyberNex, including but not limited to set-top boxes, gaming consoles, televisions, DVD players, etc.

2.4. Users may store copies of the Software for the purpose of using the Software and services, but only for backup purposes. Backup copies must include all copyright data of the original Software.

2.5. Unless explicitly authorized by this Agreement, CyberNex does not grant users any other rights. If users intend to use any other rights, they should obtain written consent from CyberNex in advance.

3.Software Acquisition, Installation, and Upgrade

3.1. Users should download and install the Software from websites designated by CyberNex or in the manner specified by it. Please be aware not to download the Software from non-designated websites to prevent mobile devices from being infected with malicious software that may destroy user data and obtain user private data. If you obtain software or installation programs with the same name as the Software from a third party not authorized by CyberNex, CyberNex cannot guarantee its normal use, and CyberNex shall not be responsible for any losses you may incur as a result.

3.2. Users must choose a version of the Software that matches the installed terminal device. Otherwise, any software issues, device issues, or damages resulting from the mismatch between the software version and the device model shall be borne by the user.

3.3. To improve user experience and optimize service content, CyberNex reserves the right to provide replacement, modification, and upgrade versions of the Software, and reserves the right to charge for such replacement, modification, or upgrade, but such charges will be obtained with your prior consent. The Software defaults to enabling the "upgrade prompt" feature for users. Depending on the version of the Software you use, CyberNex allows you to decide whether to enable the above feature. After the release of a new version of the Software, CyberNex does not guarantee that the old version of the Software will continue to be usable.

4.Usage Standards

4.1. Users must comply with this Agreement and the law when using the Software and services. Users may not engage in the following activities:

4.1.1. Delete any copyright information from the Software and other copies, or modify, delete, or bypass technical measures adopted by the Software to protect intellectual property rights;

4.1.2. Perform reverse engineering on the Software, such as cracking, decompiling, or making other attempts to obtain the source code of the Software;

4.1.3. Modify or forge instructions and data during the execution of the Software to increase, delete, or change the functions or execution effects of the Software, or operate the Software or disseminate methods for the above purposes to the public, whether for commercial purposes or otherwise;

4.1.4. Use the Software to engage in any activities harmful to network security, including but not limited to: using unauthorized data or accessing unauthorized servers/accounts; unauthorized access to public networks or other operating systems, and deleting, modifying, or adding any stored data; unauthorized attempts to detect, scan, or test the weaknesses of software systems or networks; attempting to interfere with or disrupt the normal operation of software systems or websites, deliberately spreading malicious software or viruses, or performing other actions that disrupt or interfere with normal network information services; forging the name or part of the name of TCP/P data packets;

4.1.5. Users log in to or use the Software and services through third-party compatible software or systems not developed, authorized, or approved by CyberNex, or create, publish, or disseminate the above tools;

4.1.6. Without written permission from CyberNex, users may not perform any operations on the Software or the data it contains, including but not limited to using, renting, lending, copying, modifying, establishing links, reproducing, editing, publishing, publishing, establishing mirror sites, or unauthorized use of software development-related derivative products, works, services, plugins, compatibility, or interconnection;

4.1.7. Use the Software to publish, transmit, disseminate, or store content that violates national laws, endangers national security, undermines national unity, or disrupts social stability or public order, or any inappropriate insulting, obscene, or violent content, or content that violates national laws and regulations;

4.1.8. Use the Software to publish, transmit, disseminate, or store content that infringes upon the intellectual property rights and commercial secrets of others and other legitimate rights;

4.1.9. Use the Software to mass publish, transmit, or disseminate advertising data or spam;

4.1.10. Use CyberNex's software and other services in any illegal manner, for any illegal purpose, or in any manner inconsistent with the licensed use under this Agreement.

4.2. Standards for Data Publication

4.2.1. You may use the Software to publish data that you have established or that you have the right to publish, such as opinions, data, text, data, usernames, images, photos, personal information, audio, or video files, links, etc. You must ensure that you have intellectual property rights to the data uploaded or have obtained legal authorization, and that your use of the Software and services will not infringe upon any third party's legal rights or interests.

4.2.2. When using the Software, you must comply with the "seven baselines" requirements, which are laws and regulations, the socialist system, national interests, the legitimate rights and interests of citizens, social public order, moral standards, and the authenticity of information.

4.2.3. You may not use the Software for the following behaviors, including but not limited to:

4.2.3.1. Create, copy, publish, disseminate, or store any content that violates national laws and regulations:

(1) Any content that undermines the basic principles determined by the Constitution;

(2) Any content that endangers national security, leaks state secrets, subverts state power, or undermines national unity;

(3) Any content that harms national honor and interests;

(4) Any content that incites ethnic hatred, discrimination, or undermines national unity;

(5) Any content that undermines national religious policies, promotes cults, or feudal superstitions;

(6) Any content that spreads rumors, disrupts social order, or undermines social stability;

(7) Any content that spreads obscenity, pornography, gambling, violence, murder, terrorism, or instigates crime;

(8) Any content that insults or defames others, infringes upon others' legal rights and interests;

(9) Any content that incites illegal gatherings, associations, parades, demonstrations, or assemblies that disrupt social order;

(10) Any content regarding activities carried out in the name of illegal non-governmental organizations;

(11) Any other content prohibited by laws and administrative regulations.

4.2.3.2. Publish, transmit, disseminate, or store content that infringes upon the reputation rights, portrait rights, intellectual property rights, and commercial secrets of others and other legitimate rights;

4.2.3.3. Fabricate facts or conceal the truth to mislead or deceive others;

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

4.2.3.5. Engage in other behaviors that violate laws, regulations, policies, public order, social morality, etc.

4.2.4. Without permission from CyberNex, you may not engage in any commercial activities on the Software, such as advertising or selling goods.

4.3 You understand and agree:

4.3.1. CyberNex will determine whether users are suspected of violating the above usage standards and suspend or terminate the use license granted to you based on the determination, or take other restrictive measures according to this Agreement;

4.3.2. CyberNex will directly delete any data suspected to be illegal or infringing upon the legitimate rights of others or violating this Agreement when users use the licensed Software;

4.3.3. If you violate the above usage standards and cause damage to third parties, you must independently bear the responsibility in your own name and indemnify CyberNex from any losses or costs arising therefrom;

4.3.4. Users must compensate CyberNex for any and all losses, third-party claims, administrative penalties, damages, and/or expenses (including reasonable attorney fees, investigation, and evidence collection costs) arising from or related to users' violation of applicable laws or this Agreement, and indemnify CyberNex from loss.

5. Privacy Policy and Personal Data Protection

5.1. Protecting your personal information is important to us, and we will collect, use, and protect your data in accordance with our privacy policy, which you can review for related information.

6. Service Risks and Disclaimers:

6.1. Users must purchase the necessary devices for internet access and use telecommunications value-added services through mobile terminal devices, and bear the communication fees, data fees, and related expenses charged by third parties (including but not limited to telecommunications and mobile communication operators). If you need any telecommunications value-added services, it is recommended that you confirm the fees with the telecommunications value-added service operators.

6.2. Neither CyberNex nor its partners shall be responsible for any losses suffered by users due to third-party reasons (such as communication network failures, technical issues, network or mobile terminal device malfunctions, system failures, and other force majeure factors).

6.3. Like most other internet software, this software may be affected by certain factors, including but not limited to user reasons, network service quality, social environmental differences, and may also be troubled by various security issues, such as others using user data, causing harassment in real life; other software that users download or install, or websites that users visit may contain "Trojan programs" and other viruses, endangering user terminal device data and data security, thereby affecting the normal use of the software. Users should strengthen their awareness of information security and user data protection, pay attention to strengthening password protection to avoid losses and harassment.

6.4. When users use this software or request CyberNex to provide specific services, the software may call third-party systems or software to support user use or access. The use or access results will be provided by third parties. CyberNex does not guarantee the security, accuracy, and effectiveness of the results obtained through the support of such systems or software, nor does it guarantee any other uncertain risks; if any disputes or losses arise therefrom, CyberNex shall not bear any responsibility.

6.5. CyberNex especially reminds customers that in order to protect the company's business development and adjustment autonomy, CyberNex has the right to change or suspend services at any time without notice and without any liability to users or any third party.

6.6. Except as otherwise provided by law, we will do our best to ensure that the software and related technology and information are secure, effective, accurate, and reliable; due to existing technological limitations, users understand that CyberNex cannot guarantee.

6.7. For profits lost, data loss, business interruption, or other commercial damages due to the following reasons, users should be solely responsible for personal injury, accidents, or consequential damages. The relevant circumstances include but are not limited to:

(1) Use or failure to use licensed software;

(2) Unauthorized use of the software by third parties, or modification of user data;

(3) Expenses and losses incurred by users while using the software;

(4) Misunderstandings of the software by users;

(5) Other losses related to the software not caused by CyberNex.

6.8. If any personal injury, property loss, or damage is caused by the actions of users or other software users through any software, or if any personal injury, property loss, or damage is caused by users being misled or defrauded, the party at fault shall bear all responsibilities arising therefrom.

7. Intellectual Property Statement

7.1. CyberNex is the intellectual property owner of this software. Copyrights, trademarks, patents, trade secrets, and all intellectual properties related to this software, as well as all information related to this software (including but not limited to text, images, audio, video, graphics, interface design, configuration, data, or electronic files, etc.) are protected by the laws of the People's Republic of China and corresponding international agreements. CyberNex owns the aforementioned intellectual properties.

7.2. Without the prior written consent of CyberNex, users may not use or transfer any of the aforementioned intellectual properties for any commercial or non-commercial purposes independently or allow any third party to do so. CyberNex reserves the right to pursue legal responsibilities for such actions.

8. Revisions

8.1. CyberNex reserves the right to revise the terms of this Agreement from time to time at its sole discretion, and any revised terms will be promptly published on the relevant webpages. If you do not agree to any revisions, you should actively cancel the relevant services. If you continue to use the services, it will be deemed that you accept the revised Agreement.

8.2. CyberNex or its partners reserve the right to modify or change the paid services, charging standards, charging models, service fees, or service terms provided from time to time at their sole discretion. When providing services, CyberNex may start charging users for certain current or future fees. If users refuse to pay such fees, they will not be able to continue using the relevant services after the billing begins. CyberNex and its partners will make their best efforts to notify users of any corrections or adjustments through email or other means.

9. Applicable Law and Dispute Resolution

9.1. The validity of this Agreement and its interpretation are governed by the laws of mainland China. If there is no relevant legal provision, international commercial measures and/or general commercial measures may be referred to.

9.2. Both users and CyberNex agree that all disputes arising from the service shall first be resolved through negotiations between the two parties. If the dispute cannot be resolved through negotiations, either party may refer the dispute to the court with jurisdiction over the place where this Agreement is signed.

10. Other Matters

10.1. For any specific service of the software, or there are independent agreements and related commercial terms, etc. (hereinafter collectively referred to as "Independent Agreements"), please read and agree to the relevant independent agreements before using these specific services.

10.2. This Agreement shall come into effect on December 1, 2024.

10.3. All headings of the terms in this Agreement are set for reference only and shall be disregarded when interpreting this Agreement.

10.4. If any term of this Agreement is invalid or becomes invalid or unenforceable for any reason, the remaining terms of this Agreement shall remain fully effective and binding on both parties to this Agreement.