Special Note:
Thank you for applying to use the services provided by Smartisan Technology Ltd. and its affiliates (or simply “Smartisan” after this). Before you (hereafter called “the User”) use any of the services provided by Smartisan, you must read and fully understand this agreement (“the Agreement”) and its contents, especially those parts in bold, including, but not limited to, the terms regarding exemption or limitation of liability. If you do not agree to the Agreement and/or any of its changes, you can stop using the services provided by Smartisan. Using the services will be taken to mean that you have understood and completely agree to the terms of the Agreement, including any changes that Smartisan may make to it, and that in so doing you become a Smartisan user.
I. General Terms
1. The User should agree to the Agreement’s terms and complete the registration according to the notice given here. By clicking the “Agree” button the User enters into an agreement with Smartisan and completely accepts the terms of the Agreement.
2. After completing the registration, Smartisan will grant each User an account (called a “Smartisan ID”) and a corresponding password. The safekeeping of this account and password are the User’s responsibility. The User holds legal responsibility for all activity and events carried out with their account.
3. Unless otherwise expressly stated, all new Smartisan products, features, and services are covered under the Agreement.
4. When the User is using Smartisan’s services, they should agree, in a manner approved by Smartisan, to each individual service’s terms or agreement and to any announcements Smartisan may release for the individual services (i.e. “individual provisions”). In such situations, both the individual provisions and the Agreement will be in effect. If there is any conflict between the individual provisions and the Agreement, then the individual provisions will take precedence within their own scope.
II. Registration Information and Privacy Protection
1. Smartisan reserves all rights over Smartisan accounts. The User must fill in the information on the registration page as specified, and after completing the registration and accepting the Agreement, they will obtain a Smartisan ID and be counted a Smartisan user. The User should provide timely, detailed, and accurate personal information, updating it continually. All originally input information will be cited as the registration information. If any problem should arise because of dishonest or out-of-date registration information, Smartisan will not hold any liability. The User should register with their genuine identification information, and their username, picture, and personal details should not include any illegal or illicit material. If, upon inspection by Smartisan, any part of the preceding is found to be the case, Smartisan will reject the registration. Moreover, after registration, if it is found that the User has used false information to register an account, or if the account picture and details present any illegal or illicit material, then Smartisan has the right to correct, suspend, or delete the account, among other measures, without the need to notify the User.
2. The Smartisan ID includes both the account name and password. You may use the set account name (including the username, phone number, or email address) and password to log in to Smartisan. In the process of using the account, and to ensure the security of your account based on different end devices and usage habits, we may use various methods to verify your identity, e.g. if you are logging into your account for the first time with a new device, we may seek to verify your identity with a verification code. Verification methods include, but are not limited to, verification codes and service usage information verification.
3. The User should not transfer, sell, or loan their account or password to any other party. If the User authorizes another to use their account, they accept liability for all activities of the authorized party on their account. Because accounts are affiliated with the User’s personal information, accounts may only be transferred where in accordance with the law, by court order, or by Smartisan’s approval, and where this meets with Smartisan’s regulations for account transfer.
4. If the User should lose their account through some fault of their own and need to recover their Smartisan ID, they should provide corresponding information for the Smartisan ID they are requesting to recover and ensure that the information is valid and accurate. If the information provided does not satisfy and cannot be validated by Smartisan, Smartisan has the right to refuse the ID restoration request. If a sole credential of the account is invalid, Smartisan has the right to refuse to support the return of the account. For example, if a phone number has been resold, Smartisan may reject the restoration of the account linked to that number.
5. Smartisan Privacy Protection: In order to provide services, enhance software performance and appearance, recommend new features, and so forth upon the basis of account creation, user identification, inquiry responses, correspondence, etc., Smartisan may collect and use relevant data generated in the course of your use of our products and services. In all cases, your information will be handled according to Smartisan’s Privacy Policy (https://www.smartisan.com/support/#/privacy). You affirm here that you fully understand and accept Smartisan’s handling of user information.
III. Rules of Account Usage
1. This is a universal account for Smartisan services, i.e. the User can use it to register for and log in to other products, such as Smartisan’s official website, Smiling Cloud, Smartisan Notes, Smartisan Reader, etc., without redundant registration.
2. When using Smartisan services, the User must abide by the laws and regulations of the People’s Republic of China, and the User must agree not to use the services to carry out any illegal or inappropriate activities, including, but not limited to:
(1) Uploading, displaying, posting, transmitting, or communicating by other means any information containing such content as:
1) Opposes basic principles ensured by the Constitution;
2) Harms national security, leaks national secrets, subverts national sovereignty, or damages national unity;
3) Harms national honor or welfare;
4) Foments ethnic hatred or discrimination, or damages ethnic unity;
5) Damages national religious policy, promotes cults or feudal superstition;
6) Disseminates misinformation, disturbs social order, or damages social stability;
7) Disseminates content which is lewd, pornographic, gambling related, violent, murder related, terrorism related, or incites crime;
8) Offends or defames others, infringing upon their legal rights;
9) Is false, harmful, threatening, damaging to others’ privacy, harassing, injurious, vulgar, obscene, or is offensive to others’ morals;
10) Is restricted or prohibited by Chinese law, regulations, articles, provisions, or any other regulations with legal force;
(2) Using the network service system for any illegal ends;
(3) Using Smartisan services for any of the activities below:
1) Entering a computer network or using its resources without authorization;
2) Deleting, modifying, or adding functions to a network without authorization;
3) Deleting, modifying, or adding data or applications entered into and stored, processed, or transmitted on a network without authorization;
4) Intentionally creating and transmitting destructive computer viruses.
3. The User violates the Agreement or its related service provisions, causing or creating any loss or claim for compensation from any third party, including reasonable counsel fees. You agree to compensate Smartisan and its partners and affiliates, and to exempt them from loss. Smartisan has the right to judge the User’s behavior and adopt such measures as, but not limited to: deleting content posted by the User, suspending or terminating their service, limiting their use of service, reclaiming their Smartisan ID, and pursuing legal liability. Smartisan has the right to reclaim an account where a User maliciously registers or uses a Smartisan ID to engage in illegal activity, disruption, harassment, fraud, or other behavior in violation of the Agreement. At the request of law agencies, Smartisan will assist in investigations.
4. The User may not copy, duplicate, sell, or use for commercial purposes any part of Smartisan services, or their usage or acquisition.
5. The User must accept legal responsibility for their behavior in the course of using Smartisan services. The User accepts that the form of this responsibility includes, but is not limited to: compensating those who have been harmed and, where Smartisan must first bear liability for administrative penalties or loss compensation caused by the User’s actions, compensating Smartisan an equal sum.
IV. Contents of Service
1. The contents of Smartisan services are provided as is.
2. To use Smartisan services, you must be able to utilize a legal third party internet service provider, to access the internet, and pay for the related service by your own means. You must also provide all such internet access devices as are required, including a computer, modem, or other access devices.
3. Given the particular nature of internet services, the User agrees that Smartisan has the right to alter, interrupt, or terminate part or all of the services (including paid services) at any time without prior notice. Smartisan does not guarantee that there will be no interruptions, nor does it ensure the timeliness, security, or accuracy of internet services.
4. Smartisan need bear no liability when interruptions in internet services of a reasonable length occur due to the following:
(1) Regular or irregular maintenance or repair to the equipment supporting Smartisan services; Smartisan retains the right to suspend any part of the services for whatever purpose, including maintenance and upgrades, without prior notice;
(2) Typhoons, earthquakes, floods, lightning, terrorist attacks, and acts of God;
(3) Faults in the User’s computer software, hardware, internet connection, or power supply;
(4) Reasons related to viruses, Trojans, malicious software attacks, internet traffic, system instability, system or equipment faults, communication line faults, power faults, banking issues, flaws in third-party services, or government actions.
5. Smartisan services or those of third parties provide websites or links to resources on the internet. As Smartisan cannot control these websites and resources, you understand and agree that Smartisan bears no liability for the provision or usability of these websites or resources, nor does Smartisan offer any guarantee or take responsibility for any content, advertisements, products, or other materials present on or sourced from such. Smartisan bears no responsibility for the use of or reliance upon the publication of any such a website or resource nor any damage or loss generated by any content or product obtained via such a website or resource.
6. Smartisan has the right to temporarily or permanently modify or terminate the services (or any part of them) at any time, and whether with or without having given notice Smartisan will bear no liability to the User or any third party.
V. Intellectual Property and Other Legal Rights
1. Any text, images, audio, video, or software contained within Smartisan service products (including, but not limited to, icons, animations, audio, video, interfaces, data and programs, code, and files contained in software), and all information and materials are under copyright, trademark, or other legal protection. Without the written consent of the owner of the rights, the User may not use the information or material in any way.
2. For any content the User may upload to a Smartisan website via Smartisan services (including, but not limited to, Notes, Reader, or Smiling Cloud) where it may be publicly accessible, the User accepts that Smartisan has worldwide, free, perpetual, irrevocable, non-exclusive, and complete rights and license to use, copy, modify, edit, publish, translate, create derivative works from, transmit, perform, and display such content, wholly or in part, and/or to incorporate this content into current or later developed works, media, or technology of any form.
3. The Agreement does not grant the User the right to use any trademark, service mark, logo, domain name, or other visible mark of Smartisan.
4. Except where expressly permitted by the Agreement, the User must not modify, rent, lease, loan, sell, distribute, copy, create derivative works from, or make commercial use of any content of Smartisan services, in part or in whole, by any means or in any form.
5. The User must not violate any third party’s intellectual property rights over information released by Smartisan, and without prior written consent may not upload, publish, modify, transmit, or copy any copyright protected material, trademark, or proprietary information belonging to another by any means.
6. If you believe that your intellectual property or other legal rights have been violated, please contact Smartisan.
VI. Application of Law
The conclusion, execution, and interpretation and dispute resolution of the Agreement must apply the laws of the People’s Republic of China, excepting conflict rules.
VII. Dispute Resolution
If any dispute should arise over the content of the Agreement or its execution, the parties should strive to resolve them amicably; should that fail, either party may file suit in the jurisdiction where Smartisan resides.
VIII. Entire Agreement, Severability, and Amendments
1. This Agreement constitutes the entire agreement between you and Smartisan regarding Smartisan’s software and the terms defined herein, and overrides any prior or concurrent written or oral communication, proposal, account, or understanding related to the contents of the Agreement. If any part of the Agreement is found invalid, to lack force, to be incapable of implementation, or illegal, the other parts of the Agreement will remain in full force.
2. By not implementing or executing any rights or regulations of the Agreement, Smartisan does not relinquish said rights.
3. Smartisan may modify the Agreement at any time, providing notice to you such as it deems reasonable of the content to be altered and the time at which it will take effect. Your continued use of the software after receipt of such notice will constitute acceptance of the changes.
IX. Contact
Please contact Smartisan at the following address if you should discover any violations of the Agreement or have any questions regarding one of the service provisions: support@smartisan.com.