1. General Provisions
1.1. This Agreement is the agreement entered into by and between you (hereinafter referred to as the “User”) and TCA and its operating partner (hereinafter referred to as the “Partner”) concerning the download, installation, and use of the “TCA” software (hereinafter referred to as the “Software”) by the User, as well as the terms related to the use of TCA’s services.
1.2. The Software and services are provided by TCA 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 TCA.
2.1. TCA 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 TCA must be obtained in advance.
2.3. Except as expressly authorized by this Agreement, TCA does not grant other rights to the User. If the User intends to exercise any other right, the written consent from TCA shall be obtained in advance.
3.1. The User shall download and install the Software from the website or in the manner designated by TCA. 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 TCA, TCA 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. In order to improve User experience and optimize service content, TCA reserves the right to provide a 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, TCA will provide the User with the decision whether to enable the said feature. After the new version of the Software is released, TCA does not guarantee that older versions of the Software will continue to be usable.
4. 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 TCA, or makes, publishes, or disseminates the tools described above;
4.1.6. Without the written consent of TCA, the User performs the actions 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 that 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 TCA in any unlawful manner, for any unlawful purpose or in any manner inconsistent with the use licensed under this Agreement;
4.2. You understand and agree that:
4.2.1. TCA 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;
4.2.2. TCA 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;
4.2.3. 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 TCA harmless from and against any losses or expenses arising therefrom;
4.2.4. The User shall indemnify and hold harmless TCA 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 TCA resulting from the User’s violation of relevant laws or breach of this Agreement.
5. Privacy Policy and Data Protection
5.1 We attach great importance to protecting your privacy. TCA Privacy Policy (this “Policy”) describes the ownership and protection of intellectual property, our purposes for collecting, using, sharing, storing, and protecting your Personal Data. Before you use the services, please carefully read this Privacy Policy.
6. Service Risks and Disclaimers
6.1. 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.
6.2. Neither TCA 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.
6.3. 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.
6.4. When the User uses the Software or requests TCA 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. TCA does not guarantee the safety, accuracy and effectiveness of the results achieved through the support of the said system or software, nor does TCA assume any other uncertain risks; TCA assumes no liability in the event that any dispute arises therefrom or damage is caused thereby.
6.5. TCA specifically brings to the User’s attention that, in order to protect the company’s business development and right to make adjustments, TCA 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.
6.6. 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 TCA cannot provide any guarantee.
6.7. 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:
6.7.1. The use of or failure to use the licensed software;
6.7.2. The unauthorized use of the Software or modification of the User’s data by a third party;
6.7.3. Costs and losses incurred by the User during the use of the Software;
6.7.4. Misunderstanding by the User of the Software;
6.7.5. Other losses in connection with the Software for reasons not attributable to TCA.
6.8. 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.