Last updated: October 28, 2022

1. Scope and Acceptance

1.1 This Website(“Smoore Website” or “Website”) is offered to you(“You” or “User”) by Smoore International Holdings Limited、Smoore Technology (Shenzhen) Limited and/or its affiliates (“Smoore”). Any access or use of this website is subject to these Terms of Use.  

1.2 By accessing or using the Smoore Website, You acknowledge that you have read, understand, and agree to be legally bound by these Terms of Use and any other terms and conditions set forth on this Website in their then current version. In the case You are companies or public enterprises represented by the user, You must assume that the user has appropriate knowledge and acts accordingly. Please read these Terms of Use carefully, especially those terms that will exclude or limit the liability of Smoore, the terms that will limit your rights, and the terms regarding the governing law and dispute resolution. If You do NOT agree to all of these terms, please do NOT access or use this Website. 

1.3 To the extent permitted by applicable law, we may update or amend these Terms of Use at any time by direct electronic notification to you or by publishing the updated version on this page. Please check this page from time to time to be aware of any updates or amendments to these Terms of Use, which shall be in effect immediately upon posting. If you continue to access or use this Website after such updates or amendments, you will be deemed to have accepted such updates or amendments.

2. Forward-looking and cautionary statements

Please note that statements set forth throughout this Website (or statements linked to this Website) may constitute forward-looking statements. These forward-looking statements involve a number of risks and uncertainties as these statements are based on expectations, estimates and speculations with regard to the present status and developing trends of the industry, Smoore’s philosophy and certain assumptions. Smoore may revise such statements, but at no time will Smoore give (and cannot give) any assurance as to the conformity of the forward-looking statements with actual results in the future.

3. Intellectual Property Rights

3.1 Copyright and all other proprietary rights in the Website and the Content contained herein all belong to Smoore and/or its licensors, and such rights are subject to worldwide laws of intellectual property rights and international/ transnational agreements. All text, images, music, video, animation, trademarks, graphics, charts, visual interfaces and software code (“Content”) contained herein, including but not limited to the idea, design, structure, presentation and results of the Content, are owned, controlled by Smoore or legally authorized to Smoore. All rights in the Content not expressly granted herein are reserved.

3.2 As long as You comply with these Terms of Use, Smoore grants You a personal, non-exclusive, non-transferable license to access and use the Content provided or published on this Website for personal, non-commercial purposes only. Except as expressly provided in these Terms of Use, You may not use the Content in any manner without the prior written consent of Smoore. 

3.3 Except as expressly permitted by Smoore, no one or organization may use Smoore's trademarks or any patent rights and licenses, and nothing contained in these Terms of Use or in this Website shall be construed as granting such permission.

3.4 Except as expressly permitted by these Terms of Use, the User shall not use the Website and the Content contained herein in any manner, including but not limited to:

(1) Not to copy, distribute or transfer the Content of this Website in any way, or to use the Content of this Website for any commercial purpose, sale, rental or post it on any networked computer or broadcast it in any media.

(2) Not to disassemble or reverse engineering the software contained in this Website, except as permitted by mandatory law or as otherwise permitted by Smoore in writing.

(3) Not to remove any statement or notice, logo, etc. from the Content of the Website that indicates Smoore's ownership of copyright or other legal rights.

(4) Not to modify the Content of this Website in any way, and not to make further representations and warranties about this Website and the Content contained therein.

3.5 This is a public website, You hereby acknowledge and agree that any material, documents or other information submitted or sent by you to the Website, other than personal information (in this case, please refer to Smoore's Privacy Policy), is considered non-confidential and non-proprietary. To the extent permitted by applicable law, Smoore shall have the right to reproduce, disclose, send, incorporate or otherwise use the foregoing information for commercial or non-commercial purposes and for free.

4. Services, Accounts, Passwords

4.1 Smoore reserves the sole right, at any time and without prior notice to You, to do the following with respect to the Website and the Content contained therein:

(1) Shut down the Website or any part thereof for any reason at any time without notice or consent.

(2) Amend or update the Website or any part thereof and its applicable policies or terms.

(3) Suspend access to the Website or any part thereof when necessary to perform scheduled or unscheduled maintenance, error correction or other operations.

4.2 Certain features, services or password-protected pages offered on or through this Website may require You to register an account. Smoore reserves the right to refuse registration to any user. In particular, Smoore reserves the right to convert certain features, services or pages that were previously freely accessible into features, services or pages that require registration.

4.3 You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Smoore immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Smoore or any other user of or visitor to this Website due to someone else using your password or account as a result of your failing to keep your account information secure and confidential.

4.4 You agree that Smoore may, in its sole discretion and without prior notice, terminate your access to this Website and/or block your future access to this Website or disable your account and password at any time, and Smoore is not obliged to clarify the reasons for such denial, in particular if You:

(1) Uses false data for registration.

(2) Fails to comply with these Terms of Use or neglects his or her duty of care with respect to his or her account and password.

(3) Violates applicable laws when accessing or using this Website.

(4) Fails to use this Website for an extended period of time.

4.5 You may not use anyone else’s account at any time without the express permission and consent of the holder of that account. Smoore cannot and will not be liable for any loss or damage arising from your failure to comply with these above obligations.

5. User Obligations

5.1 You shall not use this Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Smoore or others, including but not limited to:

(1) Not to use the Website and the Content contained therein for the purpose that may infringe any personal rights of individuals (in particular minors).

(2) Not to use this Website and the Content contained therein for the purpose that may infringe any legal rights of any organization or individual, including intellectual property rights and other proprietary rights.

(3) Not to use this Website and the Content contained therein in a manner or for purposes contrary to public morals.

(4) Not to intrude or attempt to intrude, decipher, interfere, destroy, modify or otherwise influence this Website and the Content and services contained therein in any way, and not to launch any form of cyber attack on this Website.

(5) Shall not submit or send to this website any illegal, threatening, defamatory, obscene, pornographic materials, documents and information, including unauthorized hyperlinks.

5.2 You may not attempt to gain unauthorized access to any portion or feature of this Website, or to any of the services offered on or through this Website, by hacking, password "mining" or any other illegitimate means. You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of this Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of this Website or any Content.

5.3 You may not probe, scan or test the vulnerability of this Website or any network connected to this Website, nor breach the security or authentication measures on this Website or any network connected to this Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to this Website to its source, or exploit this Website or any service or information made available or offered by or through this Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by this Website.

5.4 You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Website or any network or systems connected to this Website.

5.5 Smoore reserves the right to bar any of your activity or deny your access to this Website at any time, especially in the event that You violates the above obligations.

6. Hyperlinks

6.1 The Webite may provide links or references to third party web pages, which are provided solely for the convenience of User, and Smoore shall in no event be responsible for any content contained therein. Smoore cannot and will not control the information on such pages. Any access or use of the information on such pages is at your's own risk.

6.2 Smoore shall only allow You to link to this Website in a fair and legal manner, which do not present false or misleading impressions about Smoore or otherwise damage the goodwill associated with Smoore, or misrepresent your relationship with Smoore or imply that Smoore approves or endorses you. You can only create links to this Website for your own site, and You cannot create frames around any page on this Website or use other techniques that alter the visual presentation or appearance of any content within this Website in any way. 

7. DISCLAIMER

7.1 Although Smoore will make reasonable efforts to maintain this Website and keep and the Content and services contained herein up to date, due to the nature of networks and computer systems, Smoore makes no warranty of any kind as to the availability, continuity or accessibility of this website as well as the Content and services contained herein.

7.2 This Website and the Content are provided “AS IS” with no warranties or guarantees whatsoever. SMOORE EXPRESSLY DISCLAIMS TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SMOORE MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

7.3 You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services from this Website, You do so at your own discretion and risk and that You will be solely responsible for any damages that may result, including loss of data or damage to your computer system. It is up to you to take precautions to protect yourself from viruses, worms, and other potentially destructive programs, and to protect your information.

7.4 These Terms of Use do not exclude or limit any liability for personal injury caused by Smoore or any damage caused by Smoore's willful misconduct or gross negligence, or any other liability that cannot be excluded or limited under applicable law.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SMOORE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR sPRODUCTS, OR SERVICES, INCLUDING BUT WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. Privacy and Data Protection

Smoore will comply with the applicable laws relating to privacy and data protection as well as Smoore's Privacy Policy while collecting and processing personal information from You. You may review the Privacy Policy by clicking on the “Privacy Policy” link on the home page and/or at the bottom of each page of the Website to learn how Smoore collects, uses and processes your personal information.

9. Governing Law and Dispute Resolution

9.1 The Smoore Website is operated and managed by Smoore International Holdings Limited, Smoore Technology (Shenzhen) Limited and/or its affiliates under the law of the People's Republic of China. Smoore does not warrant that the Website and the content contained therein are appropriate or available for viewing or downloading in other locations outside of China. If a user accesses this Website from a country/region other than China, the user is solely responsible for compliance with all applicable local laws. If certain content on this Website is considered illegal in the aforementioned country/region, the User is prohibited from accessing or using this Website from the aforementioned country/region.

9.2 These Terms of Use shall be governed by the law of the People's Republic of China without regard to its conflicts of law provisions. Any and all disputes arising out of, relating to or in connection with these Terms of Use or your use of this Website shall be irrevocably and unconditionally submitted to arbitration by the Shenzhen International Arbitration Court in accordance with its rules then in effect. 

9.3 You agree to indemnify and hold Smoore, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Smoore by any third party due to or arising out of or in connection with your use of this Website.

9.4 If any term in this Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of this Terms of Use will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under this Terms of Use.