Service agreement of LAUMAYER COLOMBIANA COMERCIALIZADORA S.A.
Welcome to LAUMAYER COLOMBIANA COMERCIALIZADORA S.A.
Before accepting the Agreement, you are supposed to carefully read the entire contents of the Agreement and fully understand its terms, especially any restrictive clauses or exceptions. Restrictive clauses or exceptions are in bold or otherwise highlighted to draw your attention. In case of any doubt about the terms of the Agreement, contact the corresponding commercial department of LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. You are not authorized to use the service before you have read and accepted all the terms of the Agreement, the relevant agreements and rules, etc. Once you select "accept and submit the Agreement" (see the registration page for the detailed wording) and complete the registration procedure, or use the service in any way, you will be deemed to have read and agreed to the restriction of the Agreement and the above rules. In case of breach of the Agreement, LAUMAYER COLOMBIANA COMERCIALIZADORA S.A.
The Service Agreement (hereinafter referred to as "the Agreement") is signed by you and LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. It includes (but is not limited to) the Privacy Policy of LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. and other content. In case of change, LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. will announce it through the licensed software by sending a message without prior notice. Following the announcement, the agreement and the modified rules will be configured in part of the Agreement automatically, without further notification for your consent. In case of objection to said relevant changes, stop using the LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. service; if you continue to use it, you will be deemed to have no objection to the changed rules and agree to abide by them.
I. Definitions of terms
1.1 The licensed software refers to the software system developed by LAUMAYER COLOMBIANA COMERCIALIZADORA S.A., downloaded, installed and applied in mobile terminals of the specified system.
1.2 The services refer to the services provided by LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. and its providers. You may use such services on the mobile terminal with the licensed software.
II. Service
2.1 LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. offers you smart life equipment management services, from which you can access the smart terminals of LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. and the intelligent platform of its suppliers through the Control LAUMAYER COLOMBIANA COMERCIALIZADORA S.A., and perform the interconnection between intelligent equipment. The service contents include intelligent equipment management, scene interconnection and analysis report, etc. These functions may be optimized or modified according to changes in user demands or service provider's judgment, and service supply may be suspended due to regular and irregular maintenance.
III. Scope of service
3.1 LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. grants you the right to use the product based on this software.
3.2 It is prohibited to license, sell, lease, transfer, issue the product in any way or use the product for other commercial purposes.
3.3 Due to the limitations in the software adaptation platform and terminals, you may only use the licensed software on the authorized system platform and terminal; if you install the licensed software on other terminal equipment, it may damage the function of your hardware or software.
3.4 You acknowledge that the Licensed Software may only be used for non-commercial purposes and that the installation, application and execution of the Licensed Software is prohibited. If said commercial operation is necessary, prior written authorization and permission from LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. must be obtained.
3.5 LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. and its suppliers may change, update, or transfer the Licensed Software or relevant features from time to time, and may add new features or services to the Licensed Software system. If there are no separate agreements accompanying the aforementioned new features or services, you are entitled to the corresponding features and services, which are also subject to the Agreement.
3.6 You will be responsible for the accuracy, reliability, integrity and legality of the input data and the legality of the way you obtain the data, and you will need to back up the data and information from time to time. You will bear all risks for damage and loss of such information.
3.7 You must correctly keep your account number and password. In the event of any security breach for your account (including, but not limited to, the disclosure of the user's password), you must notify LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. on time, and LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. will help you take the appropriate action. Otherwise, all behaviors related to your account will be borne by you and you will bear all responsibilities.
IV. A third
4.1 You acknowledge that certain services of LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. and its providers rely on software or services provided by a third party. This service is designed to facilitate its application and the necessary legal authorization is obtained from the third party.
4.2 The product includes certain information and services of third parties. LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. and its providers do not control and are not responsible for the information and services of third parties.
4.3 You acknowledge that LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. and its suppliers cannot guarantee that the licensed software will always use or contain such services, or that other software provided by the same third party will be used in the future. You may also use similar services provided by another third party. Upon request, the applicable software or services listed above are subject to this Agreement.
Service Application Standard
5.1 You shall use the Licensed Software in the normal manner. The following forms violate the application standard:
1) Issue or share computer viruses, worms, malicious code or software that deliberately damages or modifies the computer system or data;
2) Collect information or data from other users without authorization, for example, email address and the like;
3) Maliciously use the product automatically, causing server overload, or otherwise interfering with or damaging the web server and network links.
4) Attempting to visit the server data or communication data of the product without authorization;
5) Interfere with or damage the production application by other users.
5.2 You understand and agree that:
1) LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. determine whether or not you are involved in a violation of the above standards and suspend or terminate your application license in accordance with the results of the determination or take other restrictions in accordance with the agreements.
2) LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. will directly delete the information that violates the laws, or infringes the legal rights of others, or violates the Agreement issued by you when using the licensed software.
3) If a third party suffers damages due to your breach of the applicable standards, you will assume legal responsibility independently on their behalf, and you will protect and indemnify LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. of the losses or additional expenses that are generated. Otherwise, LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. You have the right to claim compensation.
4) If LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. and your suppliers suffer any loss due to your breach of the relevant laws or the Agreement, you must compensate LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. and its suppliers for the losses and (or) expenses generated by it.
VI. Information Content Standard
6.1 You promise that you will not engage in any infringing act or inappropriate behavior when using the Service, such act and behavior includes (but is not limited to):
6.1.1 Upload, transfer or share information that contains any of the following content:
1) Oppose the basic principles determined in the Constitution;
2) Endanger the security of the State, reveal State secrets, subvert the power of the State and sabotage the unity of the State;
3) Damage the honor and benefit of the state;
4) Inciting national hatred and discrimination and sabotaging national unity;
5) Destroy the religious policy of the state and uphold heresy and feudal superstition;
6) Spread rumours, disturb social order and destroy social stability;
7) Disseminate obscenity, pornography, gambling, violence, murder and terror or incitement to a crime;
8) Insult or defame others and infringe the legal rights and interests of others;
9) That contains contents of farce, fraud, damage, threat, infringement of the privacy of others, harassment, infringement, slander, rudeness, indecency or morally repulsive content;
10) That contains other content restricted or prohibited by applicable laws, regulations, rules, provisions and other legal standards.
VII. Policy and private data
7.1 It is crucial for LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. protect your personal information. LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. prepares the Privacy Policy of LAUMAYER COLOMBIANA COMERCIALIZADORA S.A., in which contents related to the ownership and protection of intellectual property, collection, use, exchange, storage and protection, etc. are disclosed. of your information. It is suggested to carefully read the Privacy Policy of LAUMAYER COLOMBIANA COMERCIALIZADORA S.A.
VII. Exception clauses
8.1 Unless otherwise specified in the laws and regulations, LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. will do everything possible to guarantee the security, validity, accuracy and reliability of the licensed software and the technologies and information involved, but LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. cannot guarantee the same due to the restrictions of currently available technologies. 8.2 You understand that LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. will not assume responsibility for direct or indirect losses caused by force majeure and non-compliance of a third party. 8.3 You will be liable for personal injury or incidental or indirect injury caused by or related to any of the following accidents: 1) A third party uses the licensed software or changes its data without permission; 2) Expenses and losses produced by the use of the licensed software; 3) Your misunderstanding of the licensed software; 4) Other losses related to licensed software caused by causes not attributable to LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. 8. 4 Any other software derived from licensed software not developed and published by LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. or the development and launch are not granted by LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. it is illegal software. Downloading, installing and using such software may cause unpredictable risks. LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. will be free of legal responsibilities and disputes generated in them and LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. shall have the right to suspend or terminate the license of the application and/or all other services. 8.5 You have been informed that the use of LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. and your provider's smart platform implies Internet service, which can be affected by unstable factors on all links. Although LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. has taken safeguard measures, the service may be suspended, terminated, delayed, restricted or failed due to inherent defects of the Internet and electronic communication, as well as factors beyond the reasonable control of any party to the Agreement (including, but not limited to, others, fire, flood, terrorist attack, pestilence, natural disaster, riot, terminal virus, hacker attack, network failure, and terminal failure). You hereby agree to assume the above risks and accept that LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. is free from any responsibility when the normal operation of the services is affected by the occurrence of the above risks.
IX. Termination of Agreement and Breach of Agreement
9.1 You must understand that you must use the licensed software in accordance with the scope of the authorization, respect the intellectual property of the software and the contents included in the software and comply with the obligations in accordance with the Agreement when using the services of LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. will terminate the application license if you materially breach the Agreement.
9.2 Your application of the software depends on the support services provided by companies related to LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. Failure to comply with the terms, agreements, rules, announcements and other relevant regulations of LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. and its related companies may cause failures in the normal use of the licensed software, in which case, LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. shall have the right to terminate the application license or take steps to restrict its application license or other rights and interests controlled by LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. as agreed to in the Agreement, including suspension or termination of your application license.
9.3 In case of breach of the Agreement or other agreements signed with LAUMAYER COLOMBIANA COMERCIALIZADORA S.A., its suppliers will have the right to notify the related companies, requiring them to take restrictive measures to their rights and interests, including the obligation that the related companies suspend or terminate. provide services to you in whole or in part, and lawfully advertise your breach of the agreement on websites managed or controlled by them.
9.4 The licensed software is downloaded from the download platform and you shall comply with the stipulations of the download platform, the system platform and the terminal manufacturer on the application forms and restrictions of the licensed software. If the aforementioned third party confirms that you are in breach of the contract and the treatment of LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. is required. and its supplier, LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. you may terminate your application license at the request of the third party.
9.5 When the license for the application ends, you must stop using the licensed software and destroy all copies.
9.6 You must assume all compensation responsibilities if LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. and other users suffer losses caused by your breach of the terms of the Agreement.
X. Applicable Laws and Severability
10.1 The validity, explanation, change, execution and dispute resolution of the Agreement are subject to the laws of the People's Republic of China. If relevant laws and regulations are not available, reference will be made to general international business practices and (or) industry practices.
10.2 The dispute arising out of or in connection with the Agreement may be resolved by you and LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. through a friendly negotiation or presented to the People's Court of Colombia where the Agreement is signed for its adjudication.
10.3 When the Popular Court considers that any term of the Agreement is invalid, it will not influence the effectiveness of other terms or part of them, and you and LAUMAYER COLOMBIANA COMERCIALIZADORA S.A. will comply with the valid terms in good faith.
10.4 Signing of the Agreement in Medellin-Colombia.