SECTION 7 -
OPTIONAL TOOLS
We may provide you
with access to third-party tools over which we neither monitor nor have any control or
input.
You acknowledge and
agree that we provide access to such tools ”as is” and “as available” without any
warranties, representations or conditions of any kind and without any endorsement. We
shall have no liability whatsoever arising from or relating to your use of optional
third-party tools.
Any use by you of
optional tools offered through the site is entirely at your own risk and discretion and
you should ensure that you are familiar with and approve of the terms on which tools are
provided by the relevant third-party provider(s).
We may also, in the
future, offer new services and/or features through the website (including, the release
of new tools and resources). Such new features and/or services shall also be subject to
these Terms of Service.
SECTION 8 -
THIRD-PARTY LINKS
Certain content,
products, and services available via our Service may include materials from
third-parties.
Third-party links
on this site may direct you to third-party websites that are not affiliated with us. We
are not responsible for examining or evaluating the content or accuracy and we do not
warrant and will not have any liability or responsibility for any third-party materials
or websites, or for any other materials, products, or services of third parties.
We are not liable
for any harm or damages related to the purchase or use of goods, services, resources,
content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party's policies and practices and make sure you
understand them before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER
COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request,
you send certain specific submissions (for example contest entries) or without a request
from us you send creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you
agree that we may, at any time, without restriction, edit, copy, publish, distribute,
translate and otherwise use in any medium any comments that you forward to us. We are
and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We may, but have no
obligation to, monitor, edit, or remove content that we determine in our sole discretion
are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual property or these Terms of
Service.
You agree that your
comments will not violate any right of any third party, including copyright, trademark,
privacy, personality or other personal or proprietary rights. You further agree that
your comments will not contain libelous or otherwise unlawful, abusive, or obscene
material, or contain any computer virus or other malware that could in any way affect
the operation of the Service or any related website. You may not use a false e-mail
address, pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely responsible for any
comments you make and their accuracy. We take no responsibility and assume no liability
for any comments posted by you or any third party.
SECTION 10
- PERSONAL INFORMATION
SECTION 11
- ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies, or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping charges,
transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders
if any information in the Service or on any related website is inaccurate at any
time without prior notice (including after you have submitted your order).
We
undertake no obligation to update, amend, or clarify information in the Service
or on any related website, including without limitation, pricing information,
except as required by law. No specified update or refresh date applied in the
Service or on any related website, should be taken to indicate that all
information in the Service or on any related website has been modified or
updated.
SECTION 12
- PROHIBITED USES
In addition
to other prohibitions as set forth in the Terms of Service, you are prohibited
from using the site or its content: (a) for any unlawful purpose; (b) to solicit
others to perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or
the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or disability; (f)
to submit false or misleading information; (g) to upload or transmit viruses or
any other type of malicious code that will or may be used in any way that will
affect the functionality or operation of the Service or of any related website,
other websites, or the Internet; (h) to collect or track the personal
information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or
scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or
circumvent the security features of the Service or any related website, other
websites, or the Internet. We reserve the right to terminate your use of the
Service or any related website for violating any of the prohibited uses.
SECTION13 -
ASSUMPTION OF RISK; RELEASE
You
knowingly and freely assume all risks when using the Service. You, on behalf of
yourself, your personal representatives, and your heirs, voluntarily agree to
release, waive, discharge, hold harmless, defend, and indemnify us and our
owners, officers, directors, employees, agents, affiliates, consultants,
representatives, sublicensees, successors, assigns, parents, subsidiaries, and
related entities, including RingConn LLC. (collectively, the "Company Parties")
from any and all claims, actions, or losses for bodily injury, property damage,
wrongful death, emotional distress, loss of privacy, or other damages or harm,
whether to you or to third parties, that may result from your use of the
Service.
SECTION14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We,
on behalf of ourselves and our licensors and suppliers, expressly
disclaims any and all warranties, express or implied, regarding the
Service, arising by operation of law or otherwise, including without
limitation any and all implied warranties of merchantability, fitness
for a particular purpose, non-infringement, no encumbrance, or title, in
addition to any warranties arising from a course of dealing, usage, or
trade practice. Neither we nor our licensors or suppliers warrant that
the Service will meet your requirements, or that the operation of the
Service will be uninterrupted or error-free. We disclaim all implied
liability for damages arising out of the furnishing of the Service
pursuant to this Agreement, including without limitation, mistakes,
omissions, interruptions, delays, tortious conduct, errors,
representations, or other defects arising out of the failure to furnish
the Service, whether caused by acts of commission or omission, or any
other damage occurring. We shall not be liable for any indirect,
incidental, special, consequential, or punitive damages (including
without limitation damages for lost profits or lost revenues), whether
caused by the acts or omissions of us, Company Parties, our users, or
their agents or representatives.
You
agree that your use of the Service is at your sole risk. You will not
hold or our licensors and suppliers, as applicable, responsible for any
loss or damage that results from your access to and/or use of the
Service, including without limitation any loss or damage to any of your
computers, mobile devices, including without limitations tablets and/or
smartphones, or data. The Service may contain bugs, errors, problems, or
other limitations.
SECTION 15 - SEVERABILITY
In
the event that any provision of these Terms of Service is determined to
be unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The
obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes.
These Terms of Service are effective unless and until terminated by
either you or us. You may terminate these Terms of Service at any time
by notifying us that you no longer wish to use our Services, or when you
cease using our site.
If
in our sole judgment you fail, or we suspect that you have failed, to
comply with any term or provision of these Terms of Service, we also may
terminate this agreement at any time without notice and you will remain
liable for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any part
thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision
of these Terms of Service shall not constitute a waiver of such
right or provision.
These Terms of Service and any policies or operating rules
posted by us on this site or in respect to The Service
constitute the entire agreement and understanding between you
and us and govern your use of the Service, superseding any prior
or contemporaneous agreements, communications, and proposals,
whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service
shall not be construed against the drafting party.
SECTION 18 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service
at any time on this page. We reserve the right to update the
terms at any time.
SECTION 19:End of Product Lifecycle Policy
Overview
Due to various factors such as market demand, technological innovation and development,
as well as being replaced by products with richer functions, products will have a
lifecycle and will exit the market after the lifecycle ends. Shenzhen Ninenovo
Technology Limited (Enterprise Business) has developed a unified end-of-life policy to
help customers better manage transitions due to product lifecycle termination, taking
into account the potential impact on customers' networks. We also understand the role
that RingConn can play in assisting with migration to alternative platforms and
technologies, as well as other high-quality products and services that can continue to
be provided to customers.
The end-of-life policy applies to the hardware, software, and software hardware
combinations (collectively referred to as products) of Smart Health Monitoring Ring and
RingConn Gen 2 Smart Ring. This policy does not apply to products whose lifecycle
has already ended.
Detailed policy guidelines
1.Usually, Shenzhen Ninenovo Technology Limited will provide at least 6 months' advance
notice of the End of Sale (EOM) date for the product. This notice will be sent through
th e official website of Shenzhen Ninenovo Technology Limited
https://ringconn.com/policies/terms-of-service Release, customers can obtain relevant
information about discontinued products and their iterative products on this website.
2. From the date of discontinuation of product sales (EOM), Shenzhen Ninenovo Technology
Limited will no longer accept new orders for the product.
3. Usually, within one year after the product ceases to be sold, customers can sign a new
service contract with Shenzhen Ninenovo Technology Limited and choose to add content
that was not included in the original service contract to the new service contract.
After ceasing sales for one year, Shenzhen Ninenovo Technology Limited will only accept
renewals of the original service contract and will not, in principle, accept the signing
of new service contracts. Please refer to the service content https://ringconn.com/policies/terms-of-service.
4. For maintenance service contracts signed before the cessation of product sales,
customers can request renewal within a maximum of 5 years after the cessation of sales
to extend the service life of the product. However, the service life of the product
should not exceed the announced date of cessation of service and support.
5. Shenzhen NinenovoTechnology Limited Technical Support Center (TAC) will continue to
provide 7 * 24-hour customer support services for products that have ceased sales for a
period of 5 years from the date of cessation of sales in accordance with the maintenance
service contract. In addition, within 5 years from the date of cessation of product
sales, Shenzhen Ninenovo Technology Limited will provide hardware repair and spare
parts replacement services in accordance with the provisions of the maintenance service
contract. If some product spare parts are out of stock, Shenzhen
Ninenovo Technology Limited will provide customers with other models of equipment
or spare parts with performance not lower than the original for replacement. For
software related maintenance services, please refer to Article 8.
6. Shenzhen Ninenovo Technology Limited will no longer provide maintenance and support
services for products that have been discontinued for 5 years. But in order to better
safeguard the interests of customers, Shenzhen Ninenovo Technology Limited can continue
to provide paid individual services to individual customers upon their request, provided
that its maintenance capabilities can continue to be maintained. However, specific
maintenance service contracts need to be negotiated and signed separately. Shenzhen
Ninenovo Technology Limited will provide support within its capabilities for any product
related malfunctions or issues that occur after the End of Service (EOS) date or the
agreed maintenance service deadline, but will not assume any legal or compensation
liability.
7. Maintenance and support service rules for RingConnsoftware version:
a. Within the first year after the software version ceases to be sold, Shenzhen
Ninenovo Technology Limited will provide problem localization and repair services for
software defects and security vulnerabilities reported through TAC or support websites.
b. Stopping sales for one year will reach the day when the software version stops full
service. Shenzhen Ninenovo Technology Limited will continue to provide problem location
services for another six months. If conditions permit, Shenzhen Ninenovo Technology
Limited will fix some serious software defects and security vulnerabilities.
c. Before the software version stops serving, it is recommended that customers upgrade to
the latest version.
d. After the software version ceases to be serviced, Shenzhen Ninenovo Technology Limited
will no longer provide any services for that software version, including fixing software
defects and security vulnerabilities. Customers may need to upgrade to a new software
version to continue receiving the aforementioned maintenance support services.
8. Reminder to partners who resell Shenzhen NinenovoTechnology Limited products (if
involved): Partners should truthfully and completely inform the lower level distributors
or end users of the lifecycle information of Shenzhen Ninenovo Technology Limited
products. If the lower level distributors or end users suffer losses due to the
partner's failure to fulfill the disclosure obligation, the partner shall bear the
liability for compensation for such losses.
Table 1 shows the
lifecycle roadmap promised by Shenzhen Ninenovo Technology Limited
Table 1
Definition and Abbreviation Explanation
End of sale date (EOM): The date on which product orders are no longer accepted. After
that day, the product will no longer be sold. Note: For storage products, expansion
orders can be accepted within two years after the cessation of new site sales.
End of Full Service Day (EOFS): refers to the final date on which Shenzhen Ninenovo
Technology Limited fixes and provides patches for newly discovered defects in software
versions.
End of Service&Support Date (EOS): Starting from this date, all services will be
discontinued and customers will not be able to access any services related to the
product, including service hotline numbers.
Product: A collection of various hardware and software running on it that provide
business functions and services.
Software version: a software combination that is independently released and completes
certain functions.