本《软件最终用户许可协议》（以下简称 《协议》）是您（个人或单一实体）与深圳双猴科技有限公司（以下简称"双猴科技"）就由全语通智学和其第三方提供商和许可方所有的、随本《协议》一起提供的软件所达成的法律协议。所属软件包括计算机软件并可能包括与您对双猴科技设备的使用相关的介质、印刷资料、电子文档（以下简称"软件"） .使用本设备或者其预装软件，即视为接受本《协议》条款。若您是未成年人，应与您的监护人共同仔细阅读本协议，并取得监护人的同意。如果您不接受协议条款，请勿使用本设备或软件。
双猴科技授予您如下权利，条件是您遵守本《协议》的各项条款和条件:您可以在一台计算机的本地硬盘或其他永久存储介质上安装、使用、访问、显示和运行本"软件"的一个副本，每次使用仅限单台计算机或单台移动设备，不得在多台计算机或设备中同时在本"软件”的网络中使用。在包含原件所含的全部版权和其他所有权通知的前提下，您可以在机器中以可读形式保存一个“软件”副本，但仅作备份之用。“软件”的某些条目受开源许可证的约束。开源许可证条款可能覆盖本《协议》的一些条款。本“软件”的部分功能需与双猴科技特定的设备绑定使用，如您未取得或未成功取得绑定的，将无法正常使用本"软件"的部分功能及享受我们以取得绑定为必需条件而提供的服务，或者无法达到相关服务拟达到的效果。双猴科技特别声明，本"软件"与设备的绑定数量由双猴科技统一设置上限。
双猴科技保留所有未在此《协议》中明确授予您的权利。本“软件”受著作权和其他知识产权法律及条约的保护。双猴科技或其供应商拥有“软件”的所有权、著作权和其他知识产权。"软件"只授予许可使用，而非出售或转让。
（1）权利限制
您不得对本“软件”进行反向工程、反向编辑或反向汇编或以其他方式企图发现本“软件”的源代码和算法（但如果适用法律明示允许上述活动，并仅在适用法律明示允许的范围内从事上述活动，则不受此限制约束）且不得修改本 "软件"、禁用本"软件"的任何功能或创建基于本"软件"的衍生作品。此外，您不得对本"软件"进行出租、租赁、出借、转授权或利用本“软件”提供商业服务。
（2）转让限制
视为最终用户的您将不得向人以第三方转让此《协议》以及授予本"软件"的任何权利，但与随附本"软件"的设备销售有关的行为除外。若必须转让，则"软件"所有部分（包括所有组件、介质和印刷资料、任何更新版本以及此《协议》）须整体转让，并且不得保留任何副本。转让可以为非直接转让，如委托寄售等。转让前，"软件"接收方必须同意本《协议》所有条款。
（1）收集原因
双猴科技为提供客户需求服务及不断提高自身服务质量；
提高用户体验，可能会从您设备收集基本使用信息或个人信息用于调查分析问题。
（2）收集内容
A.设备唯一识别码
设备均被分配一个唯一的识别码， 通过此识别码，您的设备可对电子邮件、联系人和其他服务进行同步。
B.设备编号、型号
如上信息可能会被收集，但不会被存储。同时，双猴科技还可能会收集设备的特殊情况信息，如死机。但双猴科技不会进行应用程序内容信息的收集，如电子邮件内容或记录。
C.第三方应用程序收集的信息
部分第三方应用程序可能会让部分用户信息发送至双猴科技设备，但双猴科技声明该部分数据将不涉及您的个人身份信息。
同时，双猴科技为执行某些功能，如计费付款相关的任务，可能会与指定的第三方应用程序提供商共享非个人集合信息，但双猴科技声明该部分信息将不涉及您个人身份信息。上述第三方应用程序提供商将被要求根据相关的双猴科技保密协议或隐私政策处理您的信息。
（3）收集用途
双猴科技会使用您的信息处理您的请求，为您提供服务、提供客户功能以及完善您的用户体验。此外，双猴科技还可能会利用信息进行分析，以助于新功能的开发或改善产品服务整体质量。特别说明，您可以不参与某些信息的收集和共享，或选择不使用特定的产品、服务或功能。
（4）隐私声明
A.匿名使用
您在使用过程中，无需表明自己真实身份，也无需向双猴科技提供基本个人资料。但双猴科技可能会按照需要收集并保存您在使用过程中产生的数据网络使用信息。特别说明，您在使用第三方应用程序时有可能会被要求表明自己真实身份，双猴科技声明该行为不属于双猴科技的表明用户身份要求，并且第三方应用程序的行为将受该第三方应用程序供应商的隐私保护政策约束。
B.信息收集
使用双猴科技的设备，双猴科技可能会收集如下信息为用户提供服务，包括但不限于显示自定义内容以及为维护、保护完整的服务而进行的广告、检查、搜索和分析。确保网络技术方面的正常运行及开发新服务。
C.第三方分包商
双猴科技可自行雇佣第三方分包商为用户提供服务，该服务包括但不限于发送订阅的电子邮件。但在处理个人敏感信息的过程中，双猴科技会要求分包商严格遵守隐私声明中规定的保密义务。
D.网络数据存储服务器
双猴科技提供服务器空间给予用户存储不涉及第三方应用程序数据的内容。双猴科技明确声明不会主动获取用户备份与服务器空间的数据内容。
（5） 未成年人隐私
双猴科技高度保护未成年人的隐私（未成年人的界定将依据您所在地区的法律法规确定）。 我们将按照《隐私政策》所述内容对未成年人个人信息进行保护，双猴科技在未经家长/监护人明示同意/授权的情况下，不会刻意收集未成年人的个人资料。如双猴科技发现获得了未获授权的未成年人资料，将会删除该资料。
（6）隐私声明的更新
隐私声明如有更新，双猴科技会及时发布修订版本及生效日期。
（7）免责声明
虽本隐私声明说明了双猴科技在维护隐私资料方面所遵循的标准，但双猴科技不保证会永远遵循此项标准。某些情况下，双猴科技会因无法控制的因素而导致数据泄露。因而，双猴科技对隐私信息的维护或保密不作任何保证或表述。若您使用第三方应用程序，该应用程序所收集的数据和个人信息（包括但不限于数据、图片、音视频、使用记录等信息）将可能发送至第三方应用程序的提供商或其分包商，双猴科技的隐私政策不适用于此类情况。有关第三方应用程序可能存在对您数据和个人信息的收集和使用行为，请查阅第三方应用程序提供商的隐私政策规定。
（1）通话功能
本“软件”中部分业务需要提供通话功能（例如通过APP绑定了“智能儿童手表”产品）。该通话功能可能要求您接入当地网络运营商。请注意，您使用通话功能时，可能会产生通话费用，且您的通话质量将会受到一定情况所影响，包括设备硬件或数据路径的适用性和性能;当地网络运营商提供的网络环境、质量和性能。
（2）访问互联网
本“软件”的部分功能可能要求设备访问互联网。本“软件”可通过使用网络运营商提供的网络数据连接服务或使用WI-FI网络连接至互联网，且本"软件"部分功能的体验可能受设备硬件或数据路径的适用性和性能高低或网络运营商提供的网络环境优劣、质量和性能高低影响。
双猴科技可能在您取得软件最初副本的日期后提供您或让您进行软件的更新、升级、补充与附加组件（若有），包括任何之前已安装之软件（包括完整新版本）的错误修正、服务升级（部分或整体）、产品或设备以及更新及加强功能（统称为"更新"），来加强软件能力，最终提升您的设备使用体验。此更新适用于所有与任何您在取得软件最初副本日期后双猴科技提供给您或让您使用的更新组件，除非我们与该更新一同提出其他条款。若要使用经更新取得的软件，首先必须获得双猴科技认定为具有更新资格的软件之授权。在更新之后，您无法继续使用形成更新资格基础的软件。更新后的软件版本可加入新功能，且在部分情况下可删除现有功能。“自动更新"功能的定义为在您同意更新软件后，软件自动执行并安装更新程序，因而启用“自动更新"功能时（如"系统设定"中的系统更新菜单或安全型菜单内默认设定），您的设备在安装任何更新前将先取得您的同意并再进行安装。由于定期接受安全性软件的更新可抵抗新的威胁，我们建议您定期检查是否有任何新的更新可用，以优化您的设备。
您承认本“软件”受各国出口法律管辖。您同意遵守所有使用与本“软件”的国际法和国内法，其中包括所有适用的出口限制法律法规。
除非您的设备随附单独注明的书面形式的明示有限保证，否则双猴科技在此设备上所提供的所有软件（无论是包含在设备内、通过下载或其他方式获得）均按“现状”提供并建立在"可用"基础上，不带有任何来自双猴科技的明示或隐含的保证。在使用法律所允许的最大范围内，双猴科技缩小对其他任何明示、隐含或法定的保证负责，其中包括但不限于下列任何明示或隐含的保证:适销性、质量或做工满意度、对于特定目的的适用性、可靠性或可用性、准确性、无病毒、受益权、非侵占第三方权利或其他侵权行为。请注意，上述限制不适用于适用法律规定不得排除或限制隐含保证的区域。同时，取自双猴科技或其相关机构的口头或书面的任何建议或信息，均不被视为双猴科技对有关此"软件"的免责声明的变更或修改，更不用于创建任何来自双猴科技的保证。
（1） 第三方应用程序
某些第三方应用程序可能包含于或已下载至本移动设备中。双猴科技不列举任何此类应用程序。由于双猴科技对此类第三方应用程序不具备控制权，您应承认并且同意，双猴科技对此类应用程序的可用性不负任何责任，并对其供应商所载的数据、内容、广告、产品、服务或对其适用的其他资料不负任何责任。您应明确承认并同意独立承担使用此类第三方应用程序的风险，以及其带来的非满意使用、质量、性能、准确性和使用困难等问题。您应自行决定是否采取防御措施以确保所选择的第三方应用程序不含诸如病毒、蠕虫、特洛伊木马或其他具备破坏性质的内容。本设备上所引用的第三方应用程序或其供应商的名称、标记、产品或任何服务仅为了给您提供便利，并不含有任何认可、赞助、推荐或附属于第三方产品和服务之意。您应同意，对于使用或者信赖此类第三方应用程序之可用内容、产品或服务而导致或涉嫌导致有关的损坏或损失，包括但不限于设备的损坏或数据丢失，双猴科技不负任何直接或间接责任。您应承认并且同意，使用第三方应用程序应受该第三方应用程序提供商提供的可能存在的《使用条款》、《许可协议》 、《隐私保护措施》 或其他此类协议约束。您有意或无意地提供给此类第三方应用程序提供上的任何信息和个人数据，应遵守该第三方应用程序提供商可能存在的隐私保护措施。双猴科技特此声明不对第三方应用程序提供商的任何数据披露或者任何其他实践负责。同时双猴科技亦免责于有关您的个人信息是否被任何第三方应用程序提供商捕获以及此类第三方应用程序提供商对此个人信息的可能使用的情况。
(2)双猴科技应用程序
双猴科技的某些应用程序和服务可能包含于或已下载至本设备中。其中可能要求双猴科技服务会员注册（下简称“双猴科技账户"），您的权利和义务将陈列于"双猴科技账户"条款和条件以及隐私保护措施。非"双猴科技账户"应用软件和服务要求您同意他们各自的条款和条件以及隐私保护措施，您必须明确承认并同意，在使用此类应用程序和服务时，受该适用条款和条件及隐私保护措施约束。
对于因使用或不能使用本"软件"或任何第三方应用程序而发生或相关的任何损害赔偿，其内容或功能包括但不限于损害、错误、丢失、缺陷、操作或传播延时、连接失败、网络收费、程序内购等相关的情况，以及其他直接或间接、特殊、意外、惩罚性或者后续继发性损害，双猴科技概不负责。上述限制不适用于适用法律规定不得排除或限制意外的情况。虽有签署责任限制，对于所有损失、损害、诉讼原因，包括但不限于基于合同、侵权或者在本设备上使用本"软件"或任何第三方应用程序而发生或相关的诉讼原因，或其他本《协议》规定条款下，深圳双猴科技有限公司的全部责任限于您就本设备或任何包含于此设备中第三方应用程序实际支付的金额。特别声明，双猴科技所签署的限制、排除和免责声明均为在适用法律允许的最大范围内使用。
若本《协议》中存在的或因您对“软件”的使用而产生的任何形式的不能和解的纠纷或争议，应受到您所在地区法院的非专属性管辖权的限制。但上述限制不能阻止双猴科技在任何管辖区内申请紧急法律救济。双猴科技不考虑法律冲突条款，本《协议》仅受您所在地区法律管辖。同时，本协议不受《联合国国际货物买卖合同公约》管辖并排除其适用性。
本《协议》构成双猴科技与您之间就软件和本《协议》所辖其他事项所达成的完整的协议，并取代以前或同期对本《协议》中设计的内容所作的所有书面或口头通信、建议、陈述、约定或协议。如果本《协议》中有任何条款被认为无效、无约束力、无法执行或非法，不影响其他条款的有效性，即其他条款将继续保持完全效力。
本《协议》在双猴科技发出终止声明或您主动提出终止前有效。且如您未遵守本《协议》的各项条款和条件，您在本许可下的权力将再无来自双猴科技的正式通知情况下自动终止。本《协议》终止后，您必须停止对本“软件”的所有使用，并且销毁本“软件”的所有完整或部分的副本。
This Software End User License Agreement (hereinafter referred to as "this Agreement") is a legal agreement between you (individual or entity) and Shenzhen Double monkey Technology Co., Ltd. (hereinafter referred to as "we" or "the Company") for the software owned by Dosmono Learning and its third-party providers and licensors and provided to you together with this Agreement. The software includes computer software and may include the medium, printed materials, electronic documentations related to your use of a device (hereinafter referred to as "the Software"). Your use of the device or its pre-installed software shall constitutes your acceptance of the terms of this Agreement. You shall read this Agreement carefully with your guardian and obtain the consent of your guardian if you are a minor. Please do not use the device or the Software if you do not accept the terms of this Agreement.
We grants you the following right, provided that you shall comply with the terms and conditions of this Agreement: right to install, use, access, display and run a copy of the Software on a computer's local hard disk or other permanent storage media, the Software may only be used on a single computer or mobile device each time and shall not be used on multiple computers or devices simultaneously. With all the copyright and other proprietorial right credits contained in the original copy, you may save a readable copy of the Software in the computer or device for backup purpose only. Some of the items in the Software are subject to an open source license. The terms of an open source license may cover some of the terms of this Agreement. Some of the functions of the Software are bound with a specific device, you may not use such functions normally and enjoy the services provided by us on the premise of binding, or may not achieve the desired effects of relevant services, if you fail to obtain a specific device or bind them successfully. We specifically states that the number of devices to be bound with the Software is capped by us.
We reserves all rights not expressly granted to you under this Agreement. The Software is protected by the laws and treaties on copyright and other intellectual property rights. The title, copyright and other intellectual property rights of the Software are the property of “Dosmono Learning” and its suppliers. The Software is licensed to use only, not sold or transferred.
(1) Restrictions on right
You shall not reverse engineer, decompile or disassemble or otherwise attempt to identify the source code and algorithm of the Software (except for any such activity expressly permitted by the applicable law and carried out only to the extent expressly permitted by the applicable law), or modify the Software, disable any function of the Software or create any derivative based on the Software. In addition, you shall not rent out, lease out, lend out or sub-license the Software or use the Software to provide commercial services.
(2) Restrictions on transfer
You, as an end user, shall not transfer this Agreement or grant any right in the Software to any third party, except for activities related to the sale of devices accompanying the Software. If it is necessary to transfer, all parts of the Software (including all components, medium and printed materials, any updated version, and this Agreement) shall be transferred as a whole, and no copy of this Software shall be retained by you. Transfer may be a non-direct transfer, such as consignment. The transferee is required to agree to all the terms of this Agreement prior to the transfer.
(1) Reasons for information collection
We may collect basic usage information or personal data from your device to investigate and analyze problems in order to provide services requested by clients, improve service quality constantly and perfect user experience.
(2) Information to be collected
A. Device unique identification code
Devices are assigned a unique identification code, which allows your device to synchronize e-mail, contacts, and other services.
B. Device serial number and model
Device serial number and model may be collected, but will not be stored. We may also collect information about the special conditions of the device, such as crash. But we will not collect information about the contents of applications, such as email contents or records.
C. Information collected by third-party applications
Some third-party applications may have some user information to be sent to our devices, but we states that such information will not include information about your personal identity.
Meanwhile, We may share non-personal collective information with designated third-party application providers in order to fulfill certain functions, such as billing-related tasks, but we states that such information will not include information about your personal identity. The third-party application providers will be required to process your information in accordance with the relevant confidentiality agreement or privacy policy of us.
(3) Purposes of information collection
We will use your information to process your requests, serve you, provide you with client functions and improve your user experience. In addition, We may also use the information for analysis to facilitate the development of new functions or to improve the overall quality of its products and services. Please note that you may opt out of the collection and sharing of certain information, or choose not to use specific products, services or functions.
(4) Privacy notice
A. Anonymous use
You are not required to show your true identity or provide your basic personal data to us when using our device. But we may collect and store the data network usage information generated during your use of our device as needed. Please note that you may be required to show your true identity when using a third-party application, We states that the act does not fall under our user identification requirement and that the act of the third-party application will be subject to the third-party application provider's privacy policy.
B. Information collection
When a user uses our device, We may collect the following information to serve the user, ensure the normal operation of network technologies and develop new services, including, but not limited to, user-defined contents, and advertising, inspection, search and analysis conducted to maintain and protect the complete services.
C. Third-party subcontractors
We may engage any third-party subcontractor to provide services, including but not limited to sending subscription emails. However, We will require the subcontractor to strictly comply with the confidentiality obligation stipulated in the privacy notice when processing sensitive personal data.
D. Network data storage server
We provides server space to users to store contents not involving third-party application data. We expressly states that it will not proactively acquire the contents from user backup and server space.
(5) Privacy of minors
Dosmono Learning is highly protective of the privacy of minors (the definition of minors will be subject to the laws and regulations of the place where you are located). We will protect the personal data of minors in accordance with the privacy policy and will not deliberately collect the personal data of minors without the express consent/authorization of their parents/guardians. If we realizes that it has obtained any unauthorized information about a minor, it will delete that information.
(6) Updates of privacy notice
In case the privacy notice is updated, we will release the revised version and its effective date in a timely manner.
(7) Disclaimers
Notwithstanding this privacy notice describes the standards that we follows in maintaining private information, We does not warrant that they will always be followed.We may cause data leakage due to uncontrollable factors under certain circumstances. Therefore, We disclaims all warranties and representations on the maintenance or confidentiality of private information. Our privacy policy is not applicable to the circumstance that you use a third-party application and the information and personal data (including but not limited to data, pictures, audios and videos, usage records) collected by the third-party application may be sent to the third-party application provider or its subcontractors. For the collection and use of your information and personal data by a third-party application, please refer to the privacy policy of the third-party application provider.
(1) Phone call function
Some services in the Software require the phone call function (for example, services bound with "smart kid watch" products through the APP), which may require you to connect with the local network operator. Please note that you may incur phone call charges when using the phone call function and your phone call quality will be affected by certain factors, including suitability and performance of device hardware or data path; network environment, quality and performance provided by the local network operator.
(2) Access to the Internet
Some functions of the Software may require the device to access the Internet. The Software may be connected to the Internet by using the network data connection service provided by the network operator or using the WI-FI network, and the experience of some functions of the Software may be affected by suitability and performance of device hardware or data path, or the environment, quality and performance of the network provided by the network operator.
We may provide you with or allow you to complete the update, upgrade, supplement and add-on (if any) of the Software after the date on which you obtain the original copy of the Software, including bug fixes for previously installed software (including a full new version), service upgrade (in part or in whole), products or devices, and updated and enhanced functions (collectively referred to as "updates"), to enhance the software capabilities and ultimately enhance your device experience. The updates are applicable to any and all updated components that are provided to you or allowed you to use after the date on which you obtain the original copy of the Software, unless we propose other terms with the updates. In order to use the updated software, you must first obtain a license for the Software that We identifies as eligible for updating. After the update, you may not continue to use the Software that is eligible for updating. The updated version of the Software may add new functions and, in some cases, remove existing functions. The "automatic update" function is defined as the Software automatically executes and installs an update after you agree to update the Software, therefore, when enabling the "automatic update" function (such as default setting in the system update menu or the security menu in "system settings"), your device will obtain your approval before installing any update. We recommend that you regularly check if any new update is available to optimize your device, since regular acceptance of security software updates can resist new threats.
You acknowledge that the Software is governed by the export laws of various countries. You agree to comply with all international and domestic laws on the use of the Software, including all applicable export control laws and regulations.
Unless your device is accompanied with an express limited warranty in writing, all software provided on this device by Dosmono Learning (whether included in the device, or obtained through download or otherwise) is provided "as is" and on the basis of "availability" without any express or implied warranty from Dosmono Learning. We disclaims any other express, implied or statutory warranty to the maximum extent permitted by applicable law, including, but not limited to, any express or implied warranty of merchantability, quality or workmanship satisfaction, fitness for a particular purpose, reliability or availability, accuracy, free of viruses, beneficial rights, non-infringement of third party rights or other infringements. Please note that the above restriction is not applicable to areas where implied warranties should not be excluded or limited as stipulated by applicable law. Meanwhile, no advice or information, whether oral or written, from Dosmono Learning or its affiliates will be deemed as a change or modification to the disclaimers made by us with respect to the Software, nor will it be used to create any warranty from Dosmono Learning.
(1) Third-party applications
Some third-party applications may be included in or have been downloaded to this mobile device. We will not list out such applications. As we has no control over such third-party applications, you acknowledge and agree that Dosmono Learning is not responsible for the availability of such applications or for the data, contents, advertisements, products, services or other information contained by their suppliers. You shall expressly acknowledge and agree that you are solely responsible for the risks of using such third-party applications and for the problems associated with unsatisfactory use, quality, performance, accuracy and difficulty in use. You shall decide, at your sole discretion, whether to take defensive measures to ensure that the selected third-party applications are free from viruses, worms, trojan horses or other disruptive contents. Any application referenced on this device or the name, logo, products or services of its supplier are only for your convenience and do not imply any endorsement, sponsorship, recommendation or affiliation to third-party products and services. You shall agree that Dosmono Learning is not liable, directly or indirectly, for any damage or loss arising out of or suspected to result from the use of or reliance on the contents, products or services available from such third-party applications, including but not limited to damage to device or loss of data. You shall acknowledge and agree that the use of a third-party application is subject to the Terms of Use, License Agreement, Privacy Protection Measures or other similar agreements that may be provided by the third-party application provider. Any information or personal data that you intentionally or unintentionally provide to such third-party application shall comply with the privacy protection measures that may be formulated by the third-party application provider. Dosmono Learning hereby declares that it is not responsible for any data disclosure or other practice by third-party application providers. Dosmono Learning is also not responsible for whether or not your personal data has been captured by any third-party application provider and the possible use of your personal data by such third-party application provider.
(2) Dosmono Learning applications
Some applications and services of Dosmono Learning may be included or have been downloaded to this device, they may require you to be registered as a member of Dosmono Learning services ("Dosmono Learning Account"), and your rights and obligations will be stated in the terms and conditions and the privacy protection measures of " Dosmono Learning Account". The applications and services other than " Dosmono Learning Account" require you to agree to their respective terms and conditions and privacy protection measures, and you must expressly acknowledge and agree that you are subject to such applicable terms and conditions and privacy protection measures when using such applications and services.
Dosmono Learning shall not be liable for all damages arising from or in connection with the use or inability to use the Software or any third-party application, including, but not limited to, damage, error, loss, defect, operation or propagation delay, connection failure, network charge, in-app purchase, and all other direct, indirect, special, incidental, punitive or consequential damages. The above restriction is not applicable to the circumstance that incidents should not be excluded or limited as stipulated by applicable law. Notwithstanding the limitation of liability, the aggregate liability of Dosmono Learning for all losses, damages and causes of action, including, but not limited to, causes of action in contract, tort or otherwise arising from or in connection with the use of the Software or any third-party application on this device or under other clauses of this Agreement, shall be limited to the amount actually paid by you for this device or any third-party application contained in this device. Please note that the restrictions, exclusions and disclaimers signed by Dosmono Learning are applicable to the maximum extent permitted by applicable law.
Any irreconcilable difference or dispute in any from existing in this Agreement or arising out of your use of the Software shall be subject to the non-exclusive jurisdiction of the courts of the place where you are located. But the above restriction shall not prevent Dosmono Learning from applying for emergency legal relief in any jurisdiction. Dosmono Learning does not give effect to the principles of conflict of laws, this Agreement shall be governed solely by the laws of the place where you are located. The United Nations Convention on Contracts for the International Sale of Goods is not applicable to this Agreement and is hereby excluded.
This Agreement constitutes the entire agreement between Dosmono Learning and you regarding the Software and other matters under this Agreement, and supersedes all written or oral communications, proposals, representations, covenants or agreements made by Dosmono Learning and you previously or concurrently for the subject matter of this Agreement. If any provision of this Agreement is held to be invalid, unbinding, unenforceable or illegal, it does not affect the validity of remaining provisions, which shall remain in full force and effect.
This Agreement shall be valid until Dosmono Learning issues a termination notice or you propose to terminate it. Your rights under this Agreement will be terminated automatically without formal notice from Dosmono Learning if you fail to comply with the terms and conditions of this Agreement. Upon termination of this Agreement, you shall cease to use the Software and destroy all copies of the Software, in whole or in part.
This Software End User License Agreement (hereinafter referred to as "this Agreement") is a legal agreement between you (individual or entity) and Shenzhen Double monkey Technology Co., Ltd. (hereinafter referred to as "we" or "the Company") for the software owned by Dosmono Learning and its third-party providers and licensors and provided to you together with this Agreement. The software includes computer software and may include the medium, printed materials, electronic documentations related to your use of a device (hereinafter referred to as "the Software"). Your use of the device or its pre-installed software shall constitutes your acceptance of the terms of this Agreement. You shall read this Agreement carefully with your guardian and obtain the consent of your guardian if you are a minor. Please do not use the device or the Software if you do not accept the terms of this Agreement.
We grants you the following right, provided that you shall comply with the terms and conditions of this Agreement: right to install, use, access, display and run a copy of the Software on a computer's local hard disk or other permanent storage media, the Software may only be used on a single computer or mobile device each time and shall not be used on multiple computers or devices simultaneously. With all the copyright and other proprietorial right credits contained in the original copy, you may save a readable copy of the Software in the computer or device for backup purpose only. Some of the items in the Software are subject to an open source license. The terms of an open source license may cover some of the terms of this Agreement. Some of the functions of the Software are bound with a specific device, you may not use such functions normally and enjoy the services provided by us on the premise of binding, or may not achieve the desired effects of relevant services, if you fail to obtain a specific device or bind them successfully. We specifically states that the number of devices to be bound with the Software is capped by us.
We reserves all rights not expressly granted to you under this Agreement. The Software is protected by the laws and treaties on copyright and other intellectual property rights. The title, copyright and other intellectual property rights of the Software are the property of “Dosmono Learning” and its suppliers. The Software is licensed to use only, not sold or transferred.
(1) Restrictions on right
You shall not reverse engineer, decompile or disassemble or otherwise attempt to identify the source code and algorithm of the Software (except for any such activity expressly permitted by the applicable law and carried out only to the extent expressly permitted by the applicable law), or modify the Software, disable any function of the Software or create any derivative based on the Software. In addition, you shall not rent out, lease out, lend out or sub-license the Software or use the Software to provide commercial services.
(2) Restrictions on transfer
You, as an end user, shall not transfer this Agreement or grant any right in the Software to any third party, except for activities related to the sale of devices accompanying the Software. If it is necessary to transfer, all parts of the Software (including all components, medium and printed materials, any updated version, and this Agreement) shall be transferred as a whole, and no copy of this Software shall be retained by you. Transfer may be a non-direct transfer, such as consignment. The transferee is required to agree to all the terms of this Agreement prior to the transfer.
(1) Reasons for information collection
We may collect basic usage information or personal data from your device to investigate and analyze problems in order to provide services requested by clients, improve service quality constantly and perfect user experience.
(2) Information to be collected
A. Device unique identification code
Devices are assigned a unique identification code, which allows your device to synchronize e-mail, contacts, and other services.
B. Device serial number and model
Device serial number and model may be collected, but will not be stored. We may also collect information about the special conditions of the device, such as crash. But we will not collect information about the contents of applications, such as email contents or records.
C. Information collected by third-party applications
Some third-party applications may have some user information to be sent to our devices, but we states that such information will not include information about your personal identity.
Meanwhile, We may share non-personal collective information with designated third-party application providers in order to fulfill certain functions, such as billing-related tasks, but we states that such information will not include information about your personal identity. The third-party application providers will be required to process your information in accordance with the relevant confidentiality agreement or privacy policy of us.
(3) Purposes of information collection
We will use your information to process your requests, serve you, provide you with client functions and improve your user experience. In addition, We may also use the information for analysis to facilitate the development of new functions or to improve the overall quality of its products and services. Please note that you may opt out of the collection and sharing of certain information, or choose not to use specific products, services or functions.
(4) Privacy notice
A. Anonymous use
You are not required to show your true identity or provide your basic personal data to us when using our device. But we may collect and store the data network usage information generated during your use of our device as needed. Please note that you may be required to show your true identity when using a third-party application, We states that the act does not fall under our user identification requirement and that the act of the third-party application will be subject to the third-party application provider's privacy policy.
B. Information collection
When a user uses our device, We may collect the following information to serve the user, ensure the normal operation of network technologies and develop new services, including, but not limited to, user-defined contents, and advertising, inspection, search and analysis conducted to maintain and protect the complete services.
C. Third-party subcontractors
We may engage any third-party subcontractor to provide services, including but not limited to sending subscription emails. However, We will require the subcontractor to strictly comply with the confidentiality obligation stipulated in the privacy notice when processing sensitive personal data.
D. Network data storage server
We provides server space to users to store contents not involving third-party application data. We expressly states that it will not proactively acquire the contents from user backup and server space.
(5) Privacy of minors
Dosmono Learning is highly protective of the privacy of minors (the definition of minors will be subject to the laws and regulations of the place where you are located). We will protect the personal data of minors in accordance with the privacy policy and will not deliberately collect the personal data of minors without the express consent/authorization of their parents/guardians. If we realizes that it has obtained any unauthorized information about a minor, it will delete that information.
(6) Updates of privacy notice
In case the privacy notice is updated, we will release the revised version and its effective date in a timely manner.
(7) Disclaimers
Notwithstanding this privacy notice describes the standards that we follows in maintaining private information, We does not warrant that they will always be followed.We may cause data leakage due to uncontrollable factors under certain circumstances. Therefore, We disclaims all warranties and representations on the maintenance or confidentiality of private information. Our privacy policy is not applicable to the circumstance that you use a third-party application and the information and personal data (including but not limited to data, pictures, audios and videos, usage records) collected by the third-party application may be sent to the third-party application provider or its subcontractors. For the collection and use of your information and personal data by a third-party application, please refer to the privacy policy of the third-party application provider.
(1) Phone call function
Some services in the Software require the phone call function (for example, services bound with "smart kid watch" products through the APP), which may require you to connect with the local network operator. Please note that you may incur phone call charges when using the phone call function and your phone call quality will be affected by certain factors, including suitability and performance of device hardware or data path; network environment, quality and performance provided by the local network operator.
(2) Access to the Internet
Some functions of the Software may require the device to access the Internet. The Software may be connected to the Internet by using the network data connection service provided by the network operator or using the WI-FI network, and the experience of some functions of the Software may be affected by suitability and performance of device hardware or data path, or the environment, quality and performance of the network provided by the network operator.
We may provide you with or allow you to complete the update, upgrade, supplement and add-on (if any) of the Software after the date on which you obtain the original copy of the Software, including bug fixes for previously installed software (including a full new version), service upgrade (in part or in whole), products or devices, and updated and enhanced functions (collectively referred to as "updates"), to enhance the software capabilities and ultimately enhance your device experience. The updates are applicable to any and all updated components that are provided to you or allowed you to use after the date on which you obtain the original copy of the Software, unless we propose other terms with the updates. In order to use the updated software, you must first obtain a license for the Software that We identifies as eligible for updating. After the update, you may not continue to use the Software that is eligible for updating. The updated version of the Software may add new functions and, in some cases, remove existing functions. The "automatic update" function is defined as the Software automatically executes and installs an update after you agree to update the Software, therefore, when enabling the "automatic update" function (such as default setting in the system update menu or the security menu in "system settings"), your device will obtain your approval before installing any update. We recommend that you regularly check if any new update is available to optimize your device, since regular acceptance of security software updates can resist new threats.
You acknowledge that the Software is governed by the export laws of various countries. You agree to comply with all international and domestic laws on the use of the Software, including all applicable export control laws and regulations.
Unless your device is accompanied with an express limited warranty in writing, all software provided on this device by Dosmono Learning (whether included in the device, or obtained through download or otherwise) is provided "as is" and on the basis of "availability" without any express or implied warranty from Dosmono Learning. We disclaims any other express, implied or statutory warranty to the maximum extent permitted by applicable law, including, but not limited to, any express or implied warranty of merchantability, quality or workmanship satisfaction, fitness for a particular purpose, reliability or availability, accuracy, free of viruses, beneficial rights, non-infringement of third party rights or other infringements. Please note that the above restriction is not applicable to areas where implied warranties should not be excluded or limited as stipulated by applicable law. Meanwhile, no advice or information, whether oral or written, from Dosmono Learning or its affiliates will be deemed as a change or modification to the disclaimers made by us with respect to the Software, nor will it be used to create any warranty from Dosmono Learning.
(1) Third-party applications
Some third-party applications may be included in or have been downloaded to this mobile device. We will not list out such applications. As we has no control over such third-party applications, you acknowledge and agree that Dosmono Learning is not responsible for the availability of such applications or for the data, contents, advertisements, products, services or other information contained by their suppliers. You shall expressly acknowledge and agree that you are solely responsible for the risks of using such third-party applications and for the problems associated with unsatisfactory use, quality, performance, accuracy and difficulty in use. You shall decide, at your sole discretion, whether to take defensive measures to ensure that the selected third-party applications are free from viruses, worms, trojan horses or other disruptive contents. Any application referenced on this device or the name, logo, products or services of its supplier are only for your convenience and do not imply any endorsement, sponsorship, recommendation or affiliation to third-party products and services. You shall agree that Dosmono Learning is not liable, directly or indirectly, for any damage or loss arising out of or suspected to result from the use of or reliance on the contents, products or services available from such third-party applications, including but not limited to damage to device or loss of data. You shall acknowledge and agree that the use of a third-party application is subject to the Terms of Use, License Agreement, Privacy Protection Measures or other similar agreements that may be provided by the third-party application provider. Any information or personal data that you intentionally or unintentionally provide to such third-party application shall comply with the privacy protection measures that may be formulated by the third-party application provider. Dosmono Learning hereby declares that it is not responsible for any data disclosure or other practice by third-party application providers. Dosmono Learning is also not responsible for whether or not your personal data has been captured by any third-party application provider and the possible use of your personal data by such third-party application provider.
(2) Dosmono Learning applications
Some applications and services of Dosmono Learning may be included or have been downloaded to this device, they may require you to be registered as a member of Dosmono Learning services ("Dosmono Learning Account"), and your rights and obligations will be stated in the terms and conditions and the privacy protection measures of " Dosmono Learning Account". The applications and services other than " Dosmono Learning Account" require you to agree to their respective terms and conditions and privacy protection measures, and you must expressly acknowledge and agree that you are subject to such applicable terms and conditions and privacy protection measures when using such applications and services.
Dosmono Learning shall not be liable for all damages arising from or in connection with the use or inability to use the Software or any third-party application, including, but not limited to, damage, error, loss, defect, operation or propagation delay, connection failure, network charge, in-app purchase, and all other direct, indirect, special, incidental, punitive or consequential damages. The above restriction is not applicable to the circumstance that incidents should not be excluded or limited as stipulated by applicable law. Notwithstanding the limitation of liability, the aggregate liability of Dosmono Learning for all losses, damages and causes of action, including, but not limited to, causes of action in contract, tort or otherwise arising from or in connection with the use of the Software or any third-party application on this device or under other clauses of this Agreement, shall be limited to the amount actually paid by you for this device or any third-party application contained in this device. Please note that the restrictions, exclusions and disclaimers signed by Dosmono Learning are applicable to the maximum extent permitted by applicable law.
Any irreconcilable difference or dispute in any from existing in this Agreement or arising out of your use of the Software shall be subject to the non-exclusive jurisdiction of the courts of the place where you are located. But the above restriction shall not prevent Dosmono Learning from applying for emergency legal relief in any jurisdiction. Dosmono Learning does not give effect to the principles of conflict of laws, this Agreement shall be governed solely by the laws of the place where you are located. The United Nations Convention on Contracts for the International Sale of Goods is not applicable to this Agreement and is hereby excluded.
This Agreement constitutes the entire agreement between Dosmono Learning and you regarding the Software and other matters under this Agreement, and supersedes all written or oral communications, proposals, representations, covenants or agreements made by Dosmono Learning and you previously or concurrently for the subject matter of this Agreement. If any provision of this Agreement is held to be invalid, unbinding, unenforceable or illegal, it does not affect the validity of remaining provisions, which shall remain in full force and effect.
This Agreement shall be valid until Dosmono Learning issues a termination notice or you propose to terminate it. Your rights under this Agreement will be terminated automatically without formal notice from Dosmono Learning if you fail to comply with the terms and conditions of this Agreement. Upon termination of this Agreement, you shall cease to use the Software and destroy all copies of the Software, in whole or in part.