[Important Notice]
Lumi United Technology Co., Ltd. (hereinafter referred to as "Lumi") hereby reminds the user to carefully read and fully understand the Software License and Service Agreement (hereinafter referred to as "this Agreement"). The user shall carefully read and fully understand the terms of this Agreement, in particular those relating to the exemption or limitation liability, dispute resolution and applicable laws. The terms relating to the exemption or limitation of liability have been marked in bold. You should read them carefully. Please read carefully and choose to accept or not accept this Agreement (a minor should be accompanied by his/her legal guardian while reading this Agreement). By downloading, installing, and using the software, as well as obtaining and logging into your account, you agree to accept this Agreement and to be fully bound by its terms.
Lumi reserves the right to amend this Agreement. Updated terms of this Agreement will be published on the official website or software and become effective from the date of publication. The user can re-download and install the software or view the latest version of the terms of this Agreement on the website. After Lumi has amended the terms of this Agreement, if you do not accept the amended terms, please immediately discontinue using of the "Aqara Curtain Controller A1" software and services provided by Lumi; the user's continued use of the "Aqara Curtain Controller A1" software and services provided by Lumi will be deemed acceptance of the amended terms of this Agreement.
1. General Provisions
1.1. This Agreement is the agreement concluded by and between you (hereinafter referred to as the "User") and Lumi and its operation partner (hereinafter referred to as the "Partner") concerning the User's downloading, installation and use of the "Aqara Curtain Controller A1" software (hereinafter referred to as the "Software") of Lumi and use of relevant services of Lumi.
1.2. The Software and services are provided by Lumi for installation on (including but not limited to) mobile smart terminal devices, to provide official drivers and Lumi services for the User who uses the said smart terminal.
1.3. The rights of ownership and operation of the Software and services are owned by Lumi.
2. Scope of Software Licensing
2.1. Lumi grants the User a personal, non-transferable, and non-exclusive license to use the Software without the right to sublicense.
2.2. The User can install, use, display and run the Software on a single mobile terminal device for non-commercial purposes. However, the User shall not install, use, or run the Software for commercial operation purposes. The User shall not copy, alter, or modify any data of the Software, or any data released to the memory of any end device during the running of the Software and the interactive data generated between the client and the server during the running of the Software, or run the Software with plug-ins, or create any derivative work in any form, including but not limited to plug-ins, add-ons, or any relevant systems for accessing the Software through unauthorized third-party tools/services. If you need to sell, copy, or distribute the Software commercially, e.g. software pre-installation and bundling, you must obtain authorization and permission from Lumi in writing.
2.3. Without permission from Lumi, the User shall not install the Software on other end devices that are not expressly permitted by Lumi, including but not limited to set-top boxes, game consoles, televisions, DVD players, and so on.
2.4. The User may make a copy of the Software for the purpose of using the Software and services, but it shall be used only as a backup. The backup copy must contain all the copyright information contained in the original software.
2.5. Except as expressly authorized by this Agreement, Lumi does not grant other rights to the User. If the User intends to use any other rights, written consent from Lumi must be obtained in advance.
3. Software Acquisition, Installation and Upgrades
3.1. The User shall download and install the Software from the website or in the manner designated by Lumi. Be aware not to download the Software on unspecified websites, so as to prevent mobile devices from infecting malicious programs that can destroy user data and acquire user privacy information. If you acquire the Software or the installation program with the same name as the Software from a third party that has not been authorized by Lumi, Lumi cannot guarantee that it will be used normally and Lumi accepts no liability for any loss thereby caused to you.
3.2. The User must select the Software version that matches the terminal device installed. Otherwise, any software problems, device problems or damages resulting from mismatch between the Software version and the device model shall be solely assumed by the User.
3.3. In order to improve user experience and optimize service content, Lumi reserves the right to provide replaced, modified and upgraded version of the Software, and also reserves the right to charge for such replacement, modification or upgrading, but will obtain your consent in advance for such charges. The Software will enable the "upgrade prompt" feature for the User by default. Depending on the Software version used by the User, Lumi provides the User with the discretion to enable or not to enable the said feature. After the new version of the Software is released, Lumi does not guarantee that older versions of the Software will continue to be usable.
4. Usage Specifications
4.1. The User may use the Software and services in accordance with this Agreement and laws. The User shall not commit the following acts:
4.1.1. Delete any copyright information on the Software and other copies, or modify, delete or circumvent the technical measures set by the Software for the protection of intellectual property rights;
4.1.2. Perform reverse engineering of the Software, such as disassembly, decompilation or other attempts to obtain the source code of the Software;
4.1.3. Add, remove or change the features or running effects of the Software by modifying or forging the instructions and data during the running of the Software, or otherwise operate or disseminate to the public the software or methods used for the purposes described above, whether or not for commercial purposes;
4.1.4. Use the Software to commit any acts detrimental to network security, including but not limited to: using unauthorized data or access to unauthorized servers/accounts; unauthorized access to public networks or the operating system of others and delete, modify or add any information stored; unauthorized attempts to detect, scan or test the Software system or network weaknesses or do other things that destruct network security; attempt to interfere with or destruct the normal operation of the Software system or website, deliberately spread malicious programs or viruses, or carry out other acts that destruct or interfere with normal network information services; forge the name or partial names of TCP/IP data packet;
4.1.5. The User logs into or uses the Software and services through a third party compatible software or system which was not developed, authorized, or approved by Lumi Corporation, or makes, publishes, or disseminates the tools described above;
4.1.6. Without the written consent of Lumi, the User does anything on the Software or the information contained therein, including but not limited to using, leasing, lending, copying, modifying, setting up a link, reproducing, compiling, releasing, publishing, establishing a mirror image website, or unauthorized use of the Software to develop related derivative products, works, services, plug-ins, compatibility or interconnection;
4.1.7. Use the Software to publish, transmit, disseminate or store any content that violates the laws of the region you are currently living in. If you are a user residing in the mainland of the People's Republic of China, using the Software to publish, transmit, disseminate, or store any content that violates national laws, endangers national security, reunification of the motherland, social stability / public order, or any improper, offensive, obscene or violent content, or any content in violation of national laws and regulations;
4.1.8. Use the Software to publish, transmit, disseminate or store any content that infringes the legitimate rights such as intellectual property rights and trade secrets of others;
4.1.9. Use the Software to publish, transmit or disseminate advertising information or spam in bulk;
4.1.10. Use the Software and other services provided by Lumi, in any unlawful manner, for any unlawful purpose or in any manner inconsistent with the licensed usage under this Agreement;
4.2. Information Publication Specifications
4.2.1. You may use the Software to publish information such as views, data, text, information, user names, pictures, photos, personal information, audio or video files, links and so on that are created by you or that you have the right to publish. You must guarantee that you have the intellectual property rights, or you have obtained the legal authorization of the information uploaded by you, and that your use of the Software and services does not infringe on any legitimate rights or interests of any third party.
4.2.2. While using the Software, you are required to comply with local laws and regulations. If you are a user residing in the mainland of the People's Republic of China, you must comply with the requirements of the "Seven Baselines," including the laws and regulations of China, the socialist system, the country's interests, the legitimate rights and interests of citizens, the social public order, morals, and data authenticity.
4.2.3. You shall not use the Software to commit the following acts, including but not limited to:
4.2.3.1. Creating, copying, publishing, disseminating, or storing any content in violation of the region's national laws and regulations. If you are a user residing in the mainland of the People's Republic of China, engaging in the behaviors described in Items (1) to (11) below:
(1) Any content that is against the basic principles established by the Constitution;
(2) Any content endangering national security, divulging state secrets, subverting state power, or undermining national unity;
(3) Any content that harms state honor and interests;
(4) Any content that incites national hatred or ethnic discrimination, or destroys national unity;
(5) Any content that undermines the national religious policy or promotes cults or feudal superstitions;
(6) Any content that disseminates rumors, disturbs the social order, or undermines social stability;
(7) Any content that disseminates obscenity, pornography, gambling, violence, murder, or terror or instigates crimes;
(8) Any content that insults or slanders others, or infringes on the legitimate rights and interests of others;
(9) Any content that incites illegal assembly, association, processions, demonstrations, or gatherings to disrupt social order;
(10) Any content about activities carried out in the name of illegal non-governmental organizations;
(11) Any other content prohibited by laws and administrative regulations.
4.2.3.2. Publish, transmit, disseminate or store any content that infringes the legitimate rights such as reputation right, portrait right, intellectual property rights and trade secrets of others;
4.2.3.3. Make up the fact or conceal the truth to mislead or deceive others;
4.2.3.4. Publish, transmit or disseminate advertising information or spam;
4.2.3.5. Engage in other acts that violate local laws and regulations and so on.
4.2.4. Without the permission of Lumi, you shall not carry out any commercial conduct in the Software, such as advertising, selling merchandise.
4.3. You understand and agree that:
4.3.1. Lumi will determine whether the User is suspected of violating the above-mentioned usage specifications and, based on the result of such determination, suspend or terminate the use license granted to you or take other restrictive measures that may be taken in accordance with this Agreement;
4.3.2. Lumi will directly delete any information suspected of being unlawful or infringing the legitimate rights of others or violating this Agreement, which is published by the User during use of the licensed Software;
4.3.3. If you violate the above-mentioned usage specifications and thus cause damages to third parties, you need to assume the liability in your own name independently and to hold Lumi harmless from and against any loss or expense arising therefrom;
4.3.4. The User shall indemnify and hold Lumi harmless from and against any and all losses, third-party claims, administrative penalties, damages and/or expenses, including reasonable attorney fees, investigation and evidence collection costs, incurred or suffered by Lumi resulting from the User's violation of relevant laws or breach of this Agreement.
5. Privacy Policy and Personal Data Protection
5.1. The protection of your personal information is very important to us at Lumi. We collect, use and protect your data in accordance with our Privacy Policy. The Privacy Policy is available on the following website
6. Service Risk and Disclaimers
6.1. The User must procure the device required for Internet access and the usage of telecommunications value-added services by the mobile terminal device, and bear the communication fees, information fees and related costs incurred by Internet access of the personal mobile terminal device or charged by third parties (including but not limited to telecommunications and mobile communication providers). If any telecommunications value-added services are needed, you are advised to confirm the costs with your telecommunications value-added service provider.
6.2. Neither Lumi nor its Partner is liable for any loss suffered by the User due to reasons attributable to third parties such as communication line failure, technical problem, network or mobile terminal device failure, system instability and other various force majeure factors.
6.3. The Software, like most other Internet software, may be affected by factors including but not limited to reasons related to the user, network service quality, social environment differences, etc., and may also be subject to harassment relating to various security problems, such as the usage of the User’s data by others, resulting in harassment in real life; other software downloaded and installed by the User or other websites visited by the User containing a "Trojan horse" and other viruses, threatening the security of the User's end device information and data, and then affecting normal use of the Software. The User shall increase their own awareness of information security and user data protection, and pay attention to strengthening password protection, so as to avoid loss and harassment.
6.4. When the User uses the Software or requests Lumi to provide specific services, the Software may call a third party system or software to support the User's use or access. The results of the use or access will be provided by the third party. Lumi does not guarantee the safety, accuracy and effectiveness of the results achieved through the support of the said system or software, nor does Lumi assume any other uncertain risks; if any dispute or damage is caused thereof, Lumi will not assume any liability.
6.5. Lumi specifically draws the User's attention to that, in order to protect the company's business development and adjustment autonomy, Lumi has the right to modify or suspend the services at any time without notice to the User and without any liability to the User or any third party.
6.6. Except as expressly provided in laws and regulations, we will do our utmost to ensure that the Software and the technology and information involved are safe, effective, accurate and reliable; however, subject to the existing technology, the User understands that Lumi cannot guarantee it.
6.7. The User shall be solely liable for any personal injuries or incidental or consequential damages, including but not limited to loss of profit, loss of data, business interruption or other commercial damages arising out of or in connection with: (1) the use or failure to use the licensed Software; (2) unauthorized use of the Software or modification of the User's data by a third party; (3) costs and losses incurred by the User during use of the Software; (4) misunderstanding by the User of the Software; (5) other losses in connection with the Software for reasons not attributable to Lumi.
6.8. In the event of any personal or economic damages or losses that have been or may be caused due to the conduct performed by the User and other software users through any software, or due to the User's being misled or deceived, the faulting party shall assume all liabilities arising thereof.
7. Statement on Intellectual Property Rights
7.1. Lumi is the intellectual property rights holder of the Software. All intellectual property rights such as copyright, trademark rights, patent rights, trade secrets, etc. relating to the Software, and all information related to the Software (including but not limited to text, pictures, audio, video, graphics, interface design, layout, data or electronic documents, etc.) are protected by local laws and regulations, and corresponding international treaties. Lumi enjoys the above intellectual property rights, except for Xiaomi / Mijia / Mitu trademarks.
7.2. Without the prior written consent of Lumi, the User shall not independently use or transfer any of the above intellectual property rights for any commercial or non-commercial purposes, or permit any third party to do so. Lumi reserves the right to pursue legal liability for such acts.
8. Amendment
8.1. Lumi Corporation reserves the right to amend the terms of this Agreement from time to time at its sole discretion, and any such amended terms will be published in a timely manner on relevant web pages. If you do not agree to any amendment, you shall take the initiative to cancel this service. If you continue to use the service, then it will be deemed that you have accepted the amended Agreement.
8.2. Lumi Corporation or the Partner reserves the right from time to time and at its sole discretion to modify or change the paid services provided, the standard for charging, the charging method, service charges, or service terms. In providing the services, Lumi may start to charge some users for certain fees now or in the future. If the User refuses to pay such fees, the User will not be able to continue using relevant services after the charging starts. Lumi and the Partner will do their utmost to notify the User of any amendments or changes by email or other means.
9. Applicable Law and Dispute Resolution
9.1. The validity and interpretation of this Agreement shall be governed by the laws of the mainland of the People's Republic of China. In the absence of relevant legal provisions, reference may be made to international business practices and/or business practices.
9.2. This Agreement is signed in Nanshan District, Shenzhen City.
9.3. Both the User and Lumi agree that any dispute arising from the services shall first be settled through consultations by the Parties. If no settlement can be reached through such consultations, either Party may submit the dispute to the court of competent jurisdiction over the district where the Agreement was signed.
10. Miscellaneous
10.1. For any specific service of the Software, there may be a separate agreement and related business rules, etc. (hereinafter collectively referred to as the "separate agreement"), so please read and agree to relevant separate agreement before using such specific service.
10.2. This Agreement shall enter into force on June 18, 2020.
10.3. The headings to all the terms of this Agreement are for ease of reference only and shall be ignored in interpreting this Agreement.
10.4. If any provision of this Agreement is or becomes invalid or unenforceable for whatever reasons, the remaining provisions hereof shall remain in full force and effect and binding upon both Parties hereto.
Lumi