Welcome to Mobicore Infotech Platform!
Before accepting the Agreement, you are supposed to thoroughly read all the contents of the Agreement and fully understand its terms, especially restrictive clauses or exceptions. Restrictive clauses or exceptions are bold or highlighted in other forms to catch your attention. In case of any doubt in the terms of the Agreement, please contact the relevant business Department of Mobicore Infotech. You are not allowed to use the service before you have read and accepted all the terms of the Agreement, relevant agreements, and rules, etc. Once you select “agree and submit the Agreement” (see registration page for detailed wordings) and complete the registration procedure, or you use the service in any form, it will be deemed that you have read and agreed to the restriction of the Agreement and rules above. In case of any breach of the Agreement, Mobicore Infotech has the right to unilaterally restrict, suspend or terminate the service for you, and has the right to investigate your relevant responsibilities.
The Service Agreement (hereinafter referred to as “the Agreement”) is signed by you and Mobicore Infotech Softwares and Energy Pvt. Ltd. (hereinafter referred to as “Mobicore Infotech”). It includes (but not limited to) Privacy Policy of Mobicore Infotech Platform and other contents. In case of change, Mobicore Infotech will announce such a change on its official website without further notification. Upon the announcement, the changed agreement and rules become a part of the Agreement automatically, without further notification to you for your consent. In case of objection to such relevant changes, stop using Mobicore Infotech’s services; if you keep using it, it will deem that you hold no objections against the changed rules and agree to abide by them.
Definitions of Terms
Licensed software refers to the software system developed by Mobicore Infotech, downloaded from the platform, and installed and applied in specified system mobile terminals. Services refer to services provided for you by Mobicore Infotech. You can use such services on the mobile terminal with the licensed software.
Service
Mobicore Infotech offers you intelligent life equipment management services, based on which you can access the intelligent terminal on Mobicore Infotech Cloud Platform through the Mobicore Infotech Control and realize interlinking among intelligent equipment. Service contents include intelligent equipment management, scene interlinkage, and analysis report, etc. Such functions may be optimized or modified according to changes in users’ demands or judgment of the service supplier, and service suppliers may be suspended due to regular and irregular maintenance.
Scope of Service
Mobicore Infotech grants you the right to use the product based on this software.You are prohibited to license, sell, lease, transfer, issue the product in any form, or use the product for other commercial purposes. Due to limitations on software adaptation platforms and terminals, you can only use the licensed software in the authorized system platform and terminal; if you install the licensed software on other terminal equipment, it may damage your hardware or software function.
You acknowledge that the licensed software can only be used for non-commercial purposes and installation, application and running of the licensed software is prohibited. If such commercial operation is necessary, prior written authorization and permission from Mobicore Infotech shall be obtained.
Mobicore Infotech may change, upgrade or transfer the licensed software or relevant functions from time to time, and may add new functions or services in the licensed software system. If no separate agreements are accompanied by the aforesaid new functions or services, you are entitled to the corresponding functions and services, which is also subject to the Agreement.
You shall be responsible for the accuracy, reliability, integrity and the legality of input data and legality of the way in which you obtain the data and shall back up data and information from time to time. You shall bear all risks of damage and loss of such information.
You shall properly keep your account number and password. In case of any safety loophole for your account(including but not limited to divulgence of user password), you shall notify Mobicore Infotech in time, and Mobicore Infotech will assist you in taking relevant measures. Otherwise, all behaviors related to your account shall be assumed by you, and you will bear all responsibilities.
A Third Party
You acknowledge that certain services of Mobicore Infotech are based on software or services provided by a third party. Such service is set to facilitate your application, and necessary legal authorization is obtained from the third party.
The product includes certain information and services of the third party. Mobicore Infotech neither controls nor bears responsibility for the information and services of the third party.
You acknowledge that Mobicore Infotech cannot guarantee that the licensed software always uses or contains such services, or that other software provided by the same third party will be used in the future. Likewise, it may use similar services supplied by another third party. Upon application, the aforesaid corresponding software or services are subject to this Agreement.
Service Application Standard
You shall use the licensed software in a normal manner. The following ways are in breach of the applicable standard:
- 1. Issue or share computer virus, worms, malicious codes, or software that deliberately damages or changes computer system or data;
- 2. Collect information or data of other users without authorization, for example, an email address and the like;
- 3. Maliciously use the product in an automatic way, causing overload to the server, or interfere with or damage web server and network links in other forms.
- 4. Attempt to visit server data or communication data of the product without authorization;
- 5. Interfere with or damage the production application by other users.
You shall use the licensed software in a normal manner. The following ways are in breach of the applicable standard:
- 1. Mobicore Infotech will determine whether or not you are involved in the violation of standards above, and suspend or terminate your application license, according to determination results or take other restrictions according to agreements.
- 2. Mobicore Infotech will directly delete information in breach of laws, or infringing others’ legal rights, or in breach of the Agreement issued by you when using the licensed software.
- 3. If a third party suffers from damage due to your breach of application standards, you shall independently bear legal responsibility in your name, and protect and indemnify Mobicore Infotech from losses or additional expenses generated therefrom. Otherwise, Mobicore Infotech has the right to claim compensation.
- 4. If Mobicore Infotech suffers from any loss due to your breach of the relevant laws or the Agreement, you shall compensate Mobicore Infotech for losses and (or) expenses generated therefrom.
Information Content Standard
You promise that you will not conduct any act in breach of laws or improper behaviors by using the service, such act and behavior include (but not limited to):
Uploading, transferring or sharing information containing one of the following contents:
- 1. Opposing the basic principles determined in the Constitution;
- 2. Endangering state safety, disclosing state secrets, subverting state power and sabotaging state unity;
- 3. Damaging state honor and benefit;
- 4. Inciting national hatred and discrimination and sabotaging national unity;
- 5. Destroying religious policy of the state and advocating heresy and feudalistic superstition;
- 6. Spreading rumors, disturbing social order and destroying social stability;
- 7. Spreading obscenity, porn, gambling, violence, murder, and terror or abetting crime;
- 8. Insulting or slandering others and infringing on the legal rights and interests of others;
- 9. Containing contents of sham, degradation, harm, threat, infringement of others’ privacy, harassment, infringement, slander, coarseness, indecency or morally repulsive contents;
- 10. Containing other contents restricted or forbidden by Indian laws, regulations, rules, provisions and other legal standards.
Private Policy and Data
It is crucial for Mobicore Infotech to protect your personal information. Mobicore Infotech prepares Privacy Policy of Mobicore Infotech Platform, in which contents related to ownership and protection of intellectual property, collection, use, share, storage and protection, etc. of your information are disclosed. You are suggested to thoroughly read the Privacy Policy of Mobicore Infotech Platform.
Exception Clauses
Unless otherwise specified in-laws and regulations, Mobicore Infotech will do its best to ensure the security, validity, accuracy, and reliability of the licensed software and technologies and information involved, but Mobicore Infotech is unable to guarantee the same due to restriction by available technologies nowadays.
You understand that Mobicore Infotech will not assume responsibility for direct or indirect losses caused by force majeure and default to the third party.
You shall be responsible for personal injury or incidental or indirect injury caused by or related to one of the following accidents:
- 1. A third party uses the licensed software or changes your data without permission;
- 2. Expenses and losses produced by using the licensed software;
- 3. Your misunderstanding of the licensed software;
- 4. Other losses related to licensed software caused by reasons not attributable to Smart Life.
Any other licensed software-derived software not developed and released by Mobicore Infotech or the development and release is not granted by Mobicore Infotech is illegal software. Downloading, installing and using such software may cause unpredictable risks. Mobicore Infotech shall be free from legal responsibilities and disputes generated therein, and Mobicore Infotech shall have the right to suspend or terminate the license application and/or other services.
You have been informed that the usage of Mobicore Infotech Platform involves Internet service, which may be affected by unstable factors in all links. Although Mobicore Infotech has taken safeguard measures, the service may be suspended, terminated, delayed, suffered from application restriction or application failure due to inherent defects of Internet and e-communication as well as factors beyond the reasonable control of any party to the Agreement (including but not limited to fire, flood, terrorist attack, pestilence, natural disasters, riot, terminal virus, hacker attack, network fault and terminal fault). You hereby agree to bear foregoing risks and agree that Mobicore Infotech is free from any responsibility when the normal running of services is influenced by the occurrence of the foregoing risks.
Agreement Termination and Breach of Agreement
You should understand that you shall use the licensed software according to authorization scope, respect the intellectual property of software and contents contained in the software and perform obligations according to the Agreement when using Mobicore Infotech’s services. Mobicore Infotech will terminate the application license if you are in material breach of the Agreement.
Your application of the software relies on supporting services supplied by Mobicore Infotech’s related companies. Breach of terms, agreements, rules, annunciation and other relevant regulations of Mobicore Infotech and its related companies may cause failure in normal usage of licensed software, in which case, Mobicore Infotech shall be entitled to terminate the applicable license or take measures to restrain your application license or other rights and interests controlled by Mobicore Infotech as agreed in the Agreement, including suspension or termination of your application license.
In case of your breach of the Agreement or other agreements signed with Mobicore Infotech, Mobicore Infotech shall have the right to notify the related companies, requiring them to take restrictive measures to your rights and interests, including requiring related companies to suspend or terminate supplying part or whole services for you, and legally announce your breach of agreement on websites run or actually controlled by them.
The licensed software is downloaded from the downloading platform, and you shall abide by the stipulations of the download platform, system platform and terminal manufacture on application ways and restrictions of the licensed software. If the above-mentioned third party confirms that you are in breach of the agreement and Mobicore Infotech’s treatment is required, Mobicore Infotech may terminate your application license at the third party’s request.
When the application license terminates, you shall stop using the licensed software and destroy all copies.
You must bear all compensation responsibilities if Mobicore Infotech and other users suffer from losses caused by your breach of the terms in the Agreement.
Governing Laws and Severability
Effectiveness, explanation, change, execution and dispute settlement of the Agreement should generally reference international business practices and (or) industrial practices shall be made.