Service Agreement of Tervix APP
Welcome to Tervix APP!
Before accepting the Agreement, you are supposed to thoroughly read all contents of the Agreement, and fully know 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 for the terms of the
Agreement, please contact relevant business department of Tervix. You are not allowed to use the service before you have read and accepted all 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 with the restriction of the Agreement and rules above. In case of any breach of the Agreement, Tervix 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 Tervix. It includes (but not limited to) Tervix Privacy
Policy and other contents. In case of change, Tervix will announce
by means of the licensed software sending a message without further
notification. Upon announcement, the changed agreement and rules become a part to the Agreement automatically, without further notification to you for your
consent. In case of objection to such relevant changes, stop use Tervix's
service; if you keep using it, it will deemed as that you hold no objections
against the changed rules and agree to abide by them.
I. Definitions of Terms
1.1 Licensed software refers to software system developed by Tervix,
downloaded and installed and applied in specified system mobile terminals.
1.2 Services refer to services provided for you by Tervix and its
suppliers. You can use such services on the mobile terminal with the licensed
2.1 Tervix offers you intelligent life equipment management services,
based on which you can access the intelligent terminals on Tervix and
its suppliers' smart platform through the Tervix Control, and
realize interlinkage 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 of users'
demands or judgment of service supplier, and service supply may be suspended
due to regular and irregular maintenance.
III. Scope of Service
3.1 Tervix grants you with the right to use the product based on this software.
3.2 You are prohibited to license, sell, lease, transfer, issue the product in any
form, or use the product for other commercial purpose.
3.3 Due to limitations on software adaptation platform 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.
3.4 You acknowledge that the licensed software can only be used for non-commercial purpose and installation, application and running of the licensed software is
prohibited. If such commercial operation is necessary, prior written
authorization and permission from Tervix shall be obtained.
3.5 Tervix and its suppliers 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 with the aforesaid new functions or services, you are entitled to
the corresponding functions and services, which is also subject to the
3.6 You shall be responsible for the accuracy, reliability, integrity and 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 for
damage and loss of such information.
3.7 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 Tervix in time, and Tervix 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.
IV. A Third Party
4.1 You acknowledge that certain service of Tervix and its suppliers is
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.
4.2 The product includes certain information and services of the third party. Tervix and its suppliers neither controls nor bears responsibility for information and
services of the third party.
4.3 You acknowledge that Tervix and its suppliers 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 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.
V. Service Application Standard
5.1 You shall use the licensed software in a normal manner. The following ways are in breach of the application 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,
email address and the like;
3) Maliciously use the product in an automatic way, causing over load to the
server, or interfere with or damage web server and network links in other
4) Attempt to visit server data or communication data of the product without
5) Interfere with or damage the production application by other users.
5.2 You understand and agree that:
1) Tervix will determine whether or not you are involved in violation
of standards above, and suspend or terminate your application license according
to determination results or take other restrictions according to agreements.
2) Tervix 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 Tervix from losses or additional expenses
generated therefrom. Otherwise, Tervix has the right to claim
4) If Tervix and its suppliers suffers from any loss due to your
breach of relevant laws or the Agreement, you shall compensate Tervix and
its suppliers for losses and (or) expenses generated therefrom.
VI. Information Content Standard
6.1 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
6.1.1 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 secret, 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
6) Spreading rumors, disturbing social order and destroying social stability;
7) Spreading obscenity, porn, gambling, violence , murder and terror or abetting a
8) Insulting or slandering others and infringing on the legal rights and interests
9) Containing contents of sham, defraudation, harm, threat, infringement to others' privacy, harassment, infringement, slander, coarseness, indecency, or morally
10) Containing other contents restricted or forbidden by applicable laws,
regulations, rules, provisions and other legal standards.
VII. Private Policy and Data
7.1 It is crucial for Tervix to protect your personal information. Tervix prepares
protection of intellectual property, collection, use, share, storage and
protection, etc. of your information are disclosed. You are suggested to
VIII. Exception Clauses
8.1 Unless otherwise specified in laws and regulations, Tervix will do its
best to ensure the security, validity, accuracy and reliability of the licensed
software and technologies and information involved, but Tervix is unable
to guarantee the same due to restriction by available technologies
8.2 You understand that Tervix will not assume responsibility for direct or indirect losses caused by force majeure and default of a third party.
8.3 You shall be responsible for personnel injury or incidental or indirectly 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 Tervix.
8.4 Any other licensed software-derived software not developed and
released by Tervix or the development and release are not granted by
Tervix is illegal software. Downloading, installing and using such
software may cause unpredictable risks. Tervix shall be free from legal
responsibilities and disputes generated therein and Tervix shall have the
right to suspend or terminate application license and/or other all
8.5 You have been informed of that the usage of Tervix and
its supplier's smart platform involves in Internet service, which may be
affected by unstable factors in all links. Although Tervix 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 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 Tervix is free from any responsibility when normal running of
services are influenced by the occurrence of foregoing risks.
IX. Agreement Termination and Breach of Agreement
9.1 You should understand that you shall use the licensed software according to
authorization scope, respect intellectual property of software and contents
contained in the software, and perform obligations according to the Agreement
when using Tervix's services. Tervix will terminate the application license if you are in material breach of the Agreement.
9.2 Your application of the software relies on supporting services supplied by Tervix's related companies. Breach of terms, agreements, rules, annunciation and other relevant regulations of Tervix and its related companies may cause
failure in normal usage of licensed software, in which case, Tervix shall
be entitled to terminate the application license, or take measures to restrain
your application license or other rights and interests controlled by Tervix as
agreed in the Agreement, including suspension or termination of your
In case of your breach of the Agreement or other agreements signed with Tervix,
Tervix and its suppliers 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.
9.4 The licensed software is downloaded from the downloading platform and you shall abide by 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 Tervix and its supplier's treatment is required, Tervix may
terminate your application license at the third party's request.
9.5 When the application license terminates, you shall stop using the licensed
software and destroy all copies.
9.6 You must bear all compensation responsibilities if Tervix and other
users suffer from losses caused by your breach of terms in the Agreement.
X. Governing Laws and Severability
10.1 Effectiveness, explanation, change, execution and dispute settlement of the
Agreement are subject to laws of appropriate jurisdiction. If no relevant laws
and regulations are available, reference to general international business
practices and (or) industrial practices shall be made.
10.2 Dispute arising from or in connection with the Agreement may be settled by you and Tervix through friendly negotiation or submitted to the
courtwith competent jurisdiction.
10.3 When any term of the Agreement is judged to be invalid by such court, it will
not influence the effectiveness of other terms or any part thereof, and you and
Tervix shall perform the valid terms in good faith.