RYZE GO User Agreement

Last updated: 30 May, 2024

RYZE GO hereby particularly reminds users to read and fully understand this User Agreement (hereinafter referred to as "this Agreement").

Users should carefully read and fully understand the terms and conditions of this Agreement, especially the terms and conditions that exclude or limit our liability, dispute resolution and application of law. Provisions that exclude or limit liability are highlighted in bold and should be read with emphasis. Please read it carefully and choose to accept or not accept this Agreement (minors should read it with a legal guardian). Your use of the RYZE GO application and other actions will be deemed to be your acceptance of this Agreement and your agreement to be bound by the terms of this Agreement. If you do not agree to this Agreement, please do not use the RYZE GO application. We reserve the right to amend this Agreement and the updated terms will be posted on the RYZE GO application, effective as of the date of posting.

I. General Provisions

1.1. RYZE GO is a software help user to manage their exercise and sleep, which is an application integrating exercise and sleep monitoring and recording, analyzing and data displaying services. The Software and Services are owned and operated by us.

1.2. This Agreement is an agreement between you (hereinafter also referred to as "User") and us and our operating partners (hereinafter referred to as "Partners") regarding the use of the RYZE GO (hereinafter referred to as "the Software") and other related services by User.

1.3.The Software and Services include.

1.3.1. The software and services provided are used for smart ring devices to provide users of smart devices with device connection and binding, function setting management，and sport and sleep data services, subject to the services actually provided by RYZE GO application.

1.3.2. Updates or upgrades to the software.

1.4. The user should understand that we only provide the software and related services to the user and that the user shall be responsible for all other costs related to the software and services (such as the software terminal cost, Internet access cost). At the same time, users will consume their equipment, bandwidth, data and other resources when using the software and related services.

II. The scope of software licensing

2.1. We grant the User a personal, non-transferable, non-sublicensable and non-exclusive license to the Software.

2.2. Users may install, use, display, and run the Software on our devices for non-commercial purposes. However, the User may not install, use, or run the Software for commercial operation purposes and may not copy, change, modify, hook up, or create any derivative works of the Software or the data released into the memory of any terminal device and the data of client-server interaction during the operation of the Software, including but not limited to the use of plug-ins, or non-authorized third-party tools/services to access the Software and related systems. The software and related systems may be accessed through plug-ins or unauthorized third-party tools/services. Any commercial sale, copy and distribution, such as pre-installation and bundling of the Software, must be authorized and licensed by us in writing.

2.3. Users may not install the Software on other terminal device without our permission.

2.4. Users may make one copy of the Software for the purpose of using the Software and Services for backup only. The backup copy must contain all copyright information contained in the original Software.

2.5. We do not grant any rights to the User other than those expressly granted in this Agreement, and the User must obtain our separate written consent to use any other rights.

III. Software Upgrade

3.1. In order to improve the user experience and service, we have the right to provide you with replacement, modification and upgrade versions of the Software from time to time, the Software opens the "upgrade notice" function for users by default, depending on the version of the Software used by users, we provide users with the option to choose whether they need to open this function. We do not guarantee the continued availability of old versions of the software after the release of new versions of the software.

IV. Terms of use

4.1. Users may use the Software and Services in accordance with this Agreement subject to compliance with the law and this Agreement, and Users shall not commit the following acts.

4.1.1. Delete all information about copyright on the Software and other copies, as well as modify, delete or circumvent the technical measures set up by the Software to protect intellectual property rights.

4.1.2. Reverse engineering of the Software, such as disassemble, decompile, or attempt to obtain the source code of the Software.

4.1.3. Add, delete, or change the functions or operating effects of the Software by modifying or falsifying instructions or data in the operation of the Software, or operate or disseminate to the public the Software or methods used for such purposes, whether or not these acts are for commercial purposes.

4.1.4. use the Software to commit any act that jeopardizes network security, including but not limited to: using unauthorized data or accessing unauthorized servers/accounts; accessing public networks or the operating systems of others without permission and deleting, modifying or adding stored information; attempting to probe, scan or test the vulnerability of the Software's systems or networks or committing acts that undermine network security without permission; or attempting to interfere with or disrupt the normal operation of the Software or website, intentionally spreading malicious programs or viruses and other acts that disrupt and interfere with normal network information services; forging TCP/IP packet names or partial names.

4.1.5. Users log in or use the Software and Services through third-party compatible software or systems that are not developed, authorized or approved by us, or create, distribute or disseminate the above tools.

4.1.6. Without our written consent, users use the software and the information contained, including but not limited to the following: using, renting, lending, copying, modifying, linking, reprinting, compiling, publishing, establishing sites, developing derivative products, works, services, plug-ins, plug-ins, compatibility, interconnection, etc.

4.1.7. Use the Software to publish, transmit, distribute, or store content that violates your local laws.

4.1.8. Use the Software to publish, transmit, distribute, or store content that infringes on the legal rights of others, such as intellectual property rights and trade secrets.

4.1.9. Use the Software to publish, transmit or distribute advertising information and spam in bulk.

4.1.10. Use the Software and other services provided by us in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the permitted use of this Agreement.

4.2. Terms of information publish

4.2.1．You may ensure that you own the intellectual property rights of the information you upload or have been legally authorized to do so, and that any use of the Software and Services by you does not infringe the legal rights and interests of any third party.

4.2.2. Users shall not engage in the following acts while using the Software, including but not limited to:

4.2.2.1. Producing, copying, publishing, transmitting, or storing content that violates local laws and regulations.

4.2.2.2. Publishing, transmitting, distributing, or storing content that infringes on the legal rights of others such as reputation, portrait rights, intellectual property rights, and trade secrets.

4.2.2.3. falsify facts or conceal the truth in order to mislead or deceive others.

4.2.2.4. Publish, transmit, and distribute advertising information and spam.

4.2.2.5. Engage in other acts that violate local laws and regulations.

4.2.3. You may not conduct any commercial activities such as posting advertisements or selling goods in the Software without our permission.

4.3 The User understands and agrees that:

4.3.1. We may decide whether the User is suspected of violating the above mentioned usage rules and, depending on the outcome of the decision, may suspend or terminate Your license to use the Software or take other restrictive measures available under this Agreement.

4.3.2. We will directly delete any information that is suspected of being illegal or of violating the legal rights of others or of violating this Agreement when users use the Software.

4.3.3. For any damage to a third party caused by the user's violation of the above-mentioned terms, you are required to bear the legal responsibility independently in your own name and shall ensure that we are free from any loss or additional costs incurred as a result.

4.3.4. If the user violates the relevant legal provisions or the agreement and causes us to suffer damages, or is subject to claims from third parties, or is punished by administrative authorities, the user shall compensate us for the resulting damages and/or costs incurred, including reasonable attorney's fees and costs of investigation and evidence collection.

V. Description of third-party services

5.1. The User understands and agrees that the Software may contain services provided by our affiliates or third parties, and that we only provide relevant functional modules in the System for the convenience of the User's operation and provide access to third party services.

5.2. Whether the Third Party Services are pre-installed in the Software or subscribed by the User, the User understands and agrees that we do not make any express or implied warranties or guarantees for the legality or validity of the Third Party Service Provider or the User's conduct, or the legality, accuracy, validity, or security of the Third Party Services.

5.3. We do not supervise the Third Party Services, do not have any control over them, and do not provide any form of guarantee or warranty for the Third Party Services, nor do we assume any responsibility for them.

5.4. Any dispute or controversy between the User and the third party service provider shall be resolved by the User and such party through negotiation in accordance with the business process and business specifications of the third party service provider, and we shall not assume any responsibility.

5.5. If technology allows, you can choose to share your data to third party devices and platforms, such as Google Fit and Apple Health. You can share your exercise history to other social applications in your phone, such as email. RYZE GO supports data sharing to third-party services provided that you send us the sharing instructions.

VI. Privacy policy and personal information protection

6.1. We are committed to protecting the privacy of our users in accordance with this product privacy policy, please see: "RYZE GO Privacy Policy".

VII. Liability for Violation

7.1. We have the right to judge whether the user's behavior is in compliance with the provisions of this Agreement, and if we believe that the user has violated the relevant laws and regulations or the provisions of this Agreement or the relevant rules, depending on the severity of the user's violation, we have the right to take measures against the user to delete the offending information, restrict, suspend or terminate the user's use of the software service, pursue the user's legal responsibility and other processing measures that we deem appropriate. If it causes us to suffer any loss (including but not limited to receiving any claim from any third party or any punishment from any administrative department), the user shall bear full responsibility.

VIII. Risks of service and disclaimer

8.1. We provide support for the Service with current technology. We do not warrant that the Software Service will be uninterrupted or error-free in operation, that all defects in the Software will be corrected, or that the Software Service will meet all requirements of the User. We do not assume any responsibility for the consequences arising therefrom.

8.2. We are not responsible for all losses suffered by the User due to third parties such as communication line failures, technical problems, network, computer terminal equipment failures, system instability and various other force majeure reasons.

8.3. We do not guarantee the legality, authenticity, accuracy, and validity of the information obtained through the Software (including but not limited to the content of the third-party services), and we do not assume any responsibility for the results of any actions made by the User based on inquiries and views.

8.4. The Software, like most software, may be affected by various security issues, including but not limited to differences in user reasons, network service quality, social environment and other factors, such as others using the user's information to cause real-life harassment; other software downloaded and installed by the user or other websites visited by the user contain viruses such as "Trojan horses" that threaten the user's terminal device information and data security, and then affect the normal use of the software, etc. Users should strengthen the awareness of information security and user data protection, and pay attention to strengthen password protection to avoid losses and harassment.

8.5. As a result of the User using the Software or requesting us to provide specific services, the Software may invoke a third party system or third party software to support the User's use or access, and the results of the use or access will be provided by such third party, and the User shall comply with the third party's agreement and relevant rules in addition to the rules related to this Agreement. Users shall understand and agree that when using the third party services, the third party may read the user data, and we do not guarantee the security, accuracy, validity and other uncertain risks of the results achieved through the third party system or third party software support, and users shall judge carefully, and we shall not be responsible for any disputes and damages arising therefrom.

8.6. In particular, we draw the user's attention to the fact that the service may be modified or discontinued at any time upon reasonable notice to the user in order to protect the company's autonomy in the development and adjustment of its business.

8.7. Except as expressly provided by law or regulation, we will use our best efforts to ensure that the Software and the technology and information involved in it are secure, effective, accurate and reliable, but subject to available technology, the User understands that we cannot guarantee this.

8.8. The user shall be liable for personal injury or incidental and consequential economic damages, including but not limited to lost profits, lost data, business interruption damages or other business damages or losses, arising out of or in connection with any of the following:

(1) Use or failure to use the Licensed Software.

(2) Unauthorized use of the software or alteration of the user's data by a third party.

(3) Costs and damages arising from acts performed by the user with the software.

(4) Any misunderstanding of the software by the user.

(5) Other damages related to the Software that are not caused by us.

8.9. The User agrees that we have the right to suspend, interrupt or terminate the provision of all or part of the Service to the User for judicial, regulatory or supervisory requirements or for our own business reasons. We shall not be liable in any way for this.

8.10. The User understands and agrees that we will use our commercially reasonable efforts to secure the storage of the User's data in the Software and the Service, but that we cannot provide a complete guarantee and the User understands that we are not responsible for the deletion or storage of data in the Service or for any failure of backup.

8.11. The software and the associated smart ring device are used to help users manage their exercises and understand their body status, not designed to be a professional medical device, all data and advices should be used for personal reference only, should not be used for medical diagnosis or treatment. User should seek a doctor's advice before making any medical decisions.

IX. Declaration of intellectual property rights

9.1. We are the owner of the intellectual property rights of the Software. All copyrights, trademarks, patents, trade secrets and other intellectual property rights of the Software, as well as all information content related to the Software (including but not limited to text, pictures, audio, video, graphics, interface design, layout frames, relevant data or electronic files, etc.) are protected by local laws and regulations and corresponding international treaties, and we own the above intellectual property rights.

9.2. Without our written consent, the User shall not implement, utilize or transfer the above intellectual property rights for any commercial or non-commercial purposes by itself or license any third party, and we reserve the right to pursue legal responsibility for the above actions.

X. Terms of use for minors

10.1. If the User is a minor under the age of 18, the User shall read this Agreement and use the Software and related services under the supervision, guidance and consent of a guardian.

10.2. Special notes for minor users.

10.2.1. Under the supervision and guidance of their guardians, teenagers should learn to use the Internet properly within a reasonable range, avoid getting addicted to the Internet and develop good Internet habits.

10.2.2. Youth users must abide by the National Youth Internet Civility Convention.

(1) Be good at online learning and do not browse bad information.

(2) Be honest and friendly in communication and do not insult or cheat others.

(3) To enhance self-care awareness and not to date online casually.

(4) To maintain the safety of the Internet and not to disrupt the order of the Internet.

(5) To be physically and mentally healthy and not to indulge in virtual time and space.

XI. Changes to the agreement

11.1. We have the right to modify the terms of this Agreement when necessary, and once the terms of the Agreement have changed, the modified terms of the Agreement will be posted on the relevant page. If you do not agree with the changes, you should take the initiative to cancel the service. If the user continues to use the service, he/she shall be deemed to have accepted the changes to the terms and conditions.

11.2. We reserve the right to modify or change the services offered for a fee, the fees, the method of charging, the service fees and the terms of service as necessary. In providing the services, we may now or later start charging certain fees for users of some of the services. If users refuse to pay such fees, they will not be able to continue using the relevant services.

XII. Applicable law and dispute resolution

12.1. The validity and interpretation of the terms and conditions of this Agreement shall be governed by the laws of the mainland of the People's Republic of China. If there is no relevant legal provision, international business practice and/or commercial practice will be used by reference.

12.2. The place of conclusion of this Agreement is Nanshan District, Shenzhen.

12.3. The User and we agree that any dispute arising from the Service shall be resolved through consultation between the parties, and that any party failing to do so may submit to litigation in a court of competent jurisdiction where this Agreement is signed.

XIII. Others

13.1. We notify users of modifications to the Terms of Service, changes to the Services and/or other important matters by means of email or SMS or web announcements or in any manner we deem appropriate. If the User does not object in writing within 3 days after we send the User a message by any of the above means, the User shall be deemed to have accepted the content of the new message.

13.2. The headings of all terms and conditions of this Agreement are for convenience only and have no actual meaning in and of themselves, and shall not be used as a basis for interpreting the meaning of this Agreement.

13.3. The terms and conditions of this Agreement shall remain valid and binding on both parties, regardless of whether they are partially invalid or unenforceable for any reason.

Developer：Directed Electronics Australia Pty. Ltd. (Above referred to as "we")

Developer’s Address: 115-119 Link Road Melbourne Airport, VIC 3045 Australia

Contacts：https://support.ryzeabove.com.au/support/home