The ownership and the operation of PICOOC Health Measurement System (hereafter “PHMS”) is owed by PICOOC Technology Co., Ltd. (hereafter owed by “PICOOC” or “our company” or “us”). The user agreement of PICOOC (hereafter the “agreement”) is the relevant rights and obligations of PHMS services concluded between the user and PICOOC. User shall agree all terms of the agreement and complete the registration process according as the hits displayed on the login page of PHMS. It means that the user has completely accepted all the terms of the agreement if the user click the “Agree” during the registration process. Please don’t register, login or user the relevant services of the agreement if you don’t agree the terms of the agreement.
Our company has the rights to modify the terms of the agreement. The agreement will effectively replace the original agreement once the modified agreement has been published. Users can always consult the latest agreement.
A. Service Content
1. Users shall download and install PHMS in the smart mobile terminal (such as mobile phone, Pad and so on) for achieving the binding between the health device and the smart mobile terminal when using different kinds of health devices of our company. PHMS will upload the body health data of the user to the user data center. PHMS will continue to update the application services content, and relies the latest version to the user's smart mobile terminal.
2. You will get the account and the password used for login PHMS once completed the registration and will be fully responsible for all activities and events in your account. If you lost the control of your account and password due to your own fault, you shall be fully responsible for all the loss of you, PICOOC or the damage caused by any third parties.
3. Users shall understand and accept that PHMS only provide the relevant application services. Apart from this, the user shall be responsible for the device related to the application services (such as PC, mobile phone and other devices connected to the internet and mobile internet) and the fees (such as the telephone fees and network cost paid for connecting the internet, the mobile phone fees paid for using the mobile internet).
B. User Usage Rules
4. Users shall promise to use the real identity to open PHMS under the agreement and be the natural person with full civil rights and full capacity for civil conducts. The personal identity information and signs information (such as gender, birthday, age, height) are real and effective. If the calculation of PHMS is not correct due to the false identity information and signs information, the user shall be fully responsible for the loss due to the behavior.
5. Users shall safe keep the password and account after registering PHMS under the agreement successfully. Please notice PICOOC immediately if you found your account has been illegally used by others. PICOOC will not be responsible for any loss or damage of the user or any third parties if the account and password illegally used by others due to the hacking or the user's negligence.
6. Users shall be responsible for all the behaviors under your registered account. PICOOC will not be responsible for any loss or damage of the user or any third parties caused by the behaviors of the user.
7. Users shall understand and agree that the application services provided by PHMS may including the ads, and agree that it may display the ads provided by PICOOC and the third-party supplier, partner, and agree PICOOC to send the promotion information or other relevant business information to the contact methods registered by the users through the email or other methods.
8. During the process of using PHMS application services, users shall follow the rules below:
a) Please follow the local relevant laws and regulations;
b) Please shall not use PHMS for any illegal purpose;
c) Please follow all the network protocols, regulations, and procedures associated with PHMS application services;
d) Please shall not use PHMS for any behaviors that may adversely affect the proper operation of the Internet
e) Please shall not use PHMS to publish any information for the harassment, slander, abuse, threat, obscenity or other illegal information;
f) Please shall not use PHMS for any behaviors that may adversely affect PICOOC and PHMS;
g) Please shall not infringe the patent, copyright, trademark, reputation or any other legal interests of PICOOC and other third parties;
h) Please use the communication channel provided by the appropriate agencies for the services, products, business consulting for PICOOC and business partners, and may not publish the negative publicity about PICOOC or related application services in public;
i) Please inform the customer services of PICOOC immediately if you find any situations that someone uses the account illegally or the account has the security vulnerabilities;
j) Users shall not use any methods to try to attack the user data center server or other server facilities, acquiring illegally or modifying the information without authorization, affecting the normal PHMS application services and any other hazardous behavior;
9. If the user violated the rules mentioned above when using PHMS application services, PICOOC or the authorizer has the rights for requiring the user correct or take all necessary measures directly to reduce the impact caused by the misconduct of the user.
C. Services Change, Interruption or Termination
10. In view of the peculiarity of the application services, the user shall agree that PICOOC has the rights to change, discontinue or terminate the part or all PHMS application services at any time without informing the user, or be responsible for any user or any third party;
11. Users shall understand that PICOOC need to repair or maintenance the platforms (such as website, mobile network) provide PHMS application services or relevant devices regularly or irregularly. If such circumstances cause the application services interrupt within a reasonable time, PICOOC will not take any responsibilities but shall inform the users in advance.
12. If the user violates the usage rules arranged in this agreement, PICOOC has the rights to discontinue or terminate providing PHMS application services and without taking any responsibilities for the users or any third parties at any time;
13. Protect the privacy of the user is a basic policy of PICOOC from the beginning to the end.
14. PICOOC reserves the right to conduct the technical analysis of the entire user database and to make commercially available for the user databases that have been analyzed and collated in the premise without revealing individual user privacy data. Although PICOOC will make great efforts to protect the user privacy, we still cannot guarantee the present security technology solutions can avoid any forms of loss for the user technology information and so on.
15. PICOOC may cooperate with third parties to provide relevant application services to the user, in which case, PICOOC shall have the rights to provide the personally identifiable information of the user, etc., to the third parties if the third parties agrees to assume the same responsibilities as PICOOC to protect the user privacy.
16. PICOOC will provide the services to connect with the Apple’s "health" application, to read and write the data. PICOOC promises:
k) PICOOC will not use the data collected by the Apple’s “health” application for advertising, or for sale to advertising platforms, data agents, or information resellers;
l) PICOOC will not display any data collected by the Apple's "health" application to the third parties without the permission of the user. Even if the user allows, we only display the data to the third parties provide health or fitness services.
m) For the data collected by the Apple's "health" application, PICOOC will conduct the medical research and technical analysis of the entire database without revealing individual user privacy.
17. PICOOC shall not disclose or share the registration information, such as name, valid ID / number, contact information, address, etc. to the third parties without the user’s permission, with the following exceptions:
n) Expressly authorized by the user or the user's guardian in advance;
o) According to the relevant laws and regulations;
p) Required to provide in accordance with the relevant government departments based on legal procedures;
q) PICOOC for protecting their legitimate rights and interests to the user when the lawsuit or arbitration;
r) For safeguard the interests of the public.
E. Intellectual property
18. PHMS and the intellectual property of the application services it provides including the software, text, sound, pictures, graphics, graphics, audio and / or video and other all contents are all reserves to PICOOC, and protected by the Patent Law, the Copyright Law, the Trademark Law and other laws and regulations; without the written authorization by PICOOC or other relevant obligee, anyone shall not unauthorized use, duplication, modification, change, dissemination, public offering or publication of PHMS related procedures or contents.
19. All rights of any software used by PHMS for providing the application services (including but not limited to any images, photographs, animations, videos, sound recordings, music, text included in the software and the accompanying programs, accompanying help materials) are reserved to the copyright owner. The software shall not be conducted the reverse engineer, decompile, or disassemble by the user without the permission of the copyright owner of the software.
20. PICOOC will be responsible for providing the application services to the user in the conditions of “present situation” and “available”. But PICOOC will not make any express or implied guarantee of the application services, including but not limited to the applicability, without error or omission, continuity, accuracy, reliability, fitness, for specific purpose of the application services. At the same time, PICOOC will not make any promise or guarantee for the validity, accuracy, correctness, reliability, quality, stability, completeness and timeliness of the technology and information related to the application services. PICOOC shall be diligent, honest to complete its related application services.
21. PICOOC will not guarantee the accuracy and completeness of the external link which set for providing the convenient to the user. At the same time, PICOOC will not be responsible for the contents of the external link which is not actually controlled by PICOOC.
22. PICOOC will not responsible for the unavailable, delay, loss of the user data and other loss caused by the telecommunications system or Internet network failure, computer failure or virus, information corrupt or loss, computer system problems or any other causes of force majeure, but we will make great efforts to reduce the loss and impact caused by the above.
G. Law and Dispute Resolution
23. This agreement shall be applied for the users' local laws.
24. Any dispute caused by or related to this agreement shall be resolved amicably through the negotiation. If the negotiation fails, either party may submit the dispute to the local Arbitration Commission and arbitrate in accordance with the effective arbitration rules at that time. If the arbitration fails, either Party shall bring the lawsuit to the users’ local court.
H. Other Terms
25. If any term of this agreement is wholly or partially invalid or unenforceable for any reason or is in violation of any applicable law, the term is deemed to be removed, but the remainder terms of this agreement shall remain in force and binding.
26. PICOOC reserves the rights to modify this agreement at any time in accordance with the changes of the laws and regulations, as well as the changes of the company's business conditions and business strategies without informing the customer separately. The revised agreement will be posted on PICOOC website (www.picooc.com). The latest terms of the service agreement are available to the user at any time through PICOOC website. In the event of a dispute, the latest version of the agreement shall prevail. If you do not agree with the changes of the related terms of the agreement modified by PICOOC, the user has the rights to stop using the network services. If the User continues to use the network services, the user shall be deemed to have accepted the changes of the related terms of the agreement modified by PICOOC.
27. PICOOC specifically disclaims any liability to Apple Inc. for any commercial activity that you may participate in through this software.