Terms of Use
Effective Date:【Jan 4】, 2023
Welcome to the Ecovacs Group Website (hereinafter referred to as“ Site”) This Site is operated, managed and maintained by the Ecovacs Robotics Co., Ltd. (hereinafter referred to as“Ecovacs”," we" or " our").
We would remind you to carefully read and fully understand the terms of this Terms of Use, especially the terms on exemption or limitation of liability, jurisdiction and applicable laws, and other terms that may have a material impact on your rights and interests. We will remind you to pay special attention to those terms by marking them in bold or underlined. By browsing our Site, you are acknowledging that you have carefully read, understand and agree with this Terms of Use (hereinafter referred to as "Terms"). If you do not agree with these Terms, please refrain from using our Site.
1.Use of This Site
1.1 The Site is not intended to provide services to minors under the age of 18. You acknowledge, represent and warrant that you are not less than 18 years of age or not a minor pursuant to the laws and regulations of the place in which you reside. If not or you do not have such civil capacity pursuant to the laws and regulations of the jurisdiction in which you reside, you should obtain the prior written consent of your parent or legal guardian (hereinafter referred to as "guardian") before using this Site or the related products and services of Ecovacs. Otherwise, Ecovacs shall not be liable for any adverse consequences to you in the course of such subsequent use of Ecovacs products and services, and shall have the right to terminate these Terms between Ecovacs and you after becoming aware of such conditions.
1.2 You understand and agree that you may use the Site only in accordance with these Terms and agree to accept responsibility for all matters arising from your use of the Site. Subject to your compliance with these Terms, the Site hereby grants you a non-exclusive, non-transferable, limited license to use the Site solely for private, non-commercial purposes. However, such limited license shall not be regarded as any form of authorization of the intellectual property rights of this Site under any condition.
1.3 You further agree:
- You shall not use this Site for unlawful purposes or to use this Site for any illegal or improper act or to infringe the rights of any third party;
- You shall not to send or publish through this Site any information that is unlawful, harmful, obscene, defamatory, harassing, fraudulent, misleading, discriminatory, vulgar or that would cause this Site to be liable for;
- You shall not interfere with the normal operation of this Site or interfere in any way with the use of this Site by other users.
- If you use the Site and/or its contents without the permission of the relevant right holders, or if you use the Site in violation of the relevant laws and regulations or the provisions of these Terms of Use, all of which may cause irreparable losses and damages to us and the relevant persons. In the event of any of the above conditions, the Site shall have the right, at its sole discretion, to terminate any user license, remove the relevant content, refuse or revoke your right to access the Site, keep records and report to the relevant authorities, institute legal proceedings, or take any other actions or measures permitted by laws and regulations. This Site takes the above actions without notifying you or explaining the reasons to you, if this Site fails to take or delays to take the above actions does not mean that it waives the implementation of these terms. In the event of the above circumstances, you also agree to defend this Site and related persons, and be responsible for any loss or damage caused.
1.4 You agree that Ecovacs has the right to unilaterally change the Terms of Service at any time and announce the modifications on the relevant pages without separate and individual notification to you. The amended Terms of Service will come into effect and replace the previous version once published. You may visit the Site to check the latest version of the Terms of Service at any time. If you continue to use this Site after the announcement of the changes in the contents of the Terms of Service, we assume you have fully read, understood and accepted the contents of the amended new Terms of Service. If you do not agree with the revised content, please stop using this Site immediately.
1.5 Although the Site can be used or accessed worldwide, some or Ecovacs products and services or some features of them may not be available or suitable for use in certain countries / regions (“target countries/regions”, except for which, the remaining are “non-target countries / regions” where the Site are not intended to be used). You understand and agree that the Site are not designed for use in non-targeted countries / regions. If you choose to use the Site in non-target countries / regions on your own initiative, you are solely responsible for compliance with all the applicable laws. We do not assume any responsibility for any damage or loss caused by your use of The Site in non-target countries / regions.
2.User Personal Information Protection
We will comply with applicable data protection laws and regulations and the provisions of the "Ecovacs Privacy Policy" to properly protect, collect, use, store, transfer, process and share your personal data. Should there be any conflict between the contents of these Terms of Use and the “Ecovacs Privacy Policy” and if these Terms of Use does not specify the content of personal data protection, the content of the “Ecovacs Privacy Policy” shall prevail.
3.Proprietary Rights
3.1 Unless otherwise specifically stated, the contents (including but not limited to web pages, texts, pictures, audio, video, graphics, etc.), the source and software our products and services rely upon, trademarks and other commercial logos used on our products and services, as well as their copyrights, patents, trademark rights or other related intellectual property and legal rights and interests are owned by us or authorized to be used by us.
3.2 The intellectual property rights of the above and any other products and services provided by us are protected by law. No one may use or create derivative works in any form without the prior written permission from us or from relevant rights holders.
4.Products and Services Provided by Third Parties
Please note that the Site and related Ecovacs products and services may have embedded or linked with products and services provided by third parties. In such conditions, in addition to complying with these Terms, you shall also comply with the product or service Terms of Uses of the third party. Ecovacs and the third party shall be liable for the disputes that may arise separately and independently, to the extent agreed and required by applicable laws and regulations.
5.Change, Suspension, Termination of Products and services
5.1 We may make changes to, suspend, or terminate our products and services.
5.2 You understand and agree that Ecovacs has the right to determine its own business strategy. In the event of a merger, demerger, acquisition or transfer of assets of Ecovacs, Ecovacs may transfer the relevant assets under the Service to a third party; if Ecovacs is involved in a merger, acquisition or sale of all or part of its assets, we will notify you of any changes in the possession and use of your personal information and any choices you may have with respect to your personal information, by email and/or by posting a prominent notice on our website. We will also require the new company or organization holding your personal information to continue to be bound by this policy, for example, by contract, or we will further require that company or organization to obtain your expressly authorized consent again.
5.3 If any of the following situations occurs, we reserve the right to suspend or terminate the provision of ECOVACS products and services in whole or in part without notice to you:
- You have culpably violated this Terms of Use, or the use of your account violates the applicable law;
- You have not paid the fees payable for using or accessing complementary products and services subject to charge on time and in full (if applicable);
- In case we are obliged to terminate our products and services in whole or in part due to legal requirements or mandatory requirements of competent authorities; or
5.4 You should back up the data stored in Ecovacs products and services yourself. In case the operation of Ecovacs products and services are to be terminated completely, we will notify all users by a system announcement or by email at least ninety (90) days prior to the termination. After the termination of the products and services, we will permanently delete your data in our server, except as otherwise stipulated by laws and regulations.
6.Force Majeure and Other Exemptions
6.1 You understand and agree that Ecovacs products and services are provided to the extent our existing technologies and conditions can achieve. We will do our best to ensure the continuity and security of our products and services. However, due to the legal, technical and other risks that we cannot foresee, prevent and is out of our control, including but not limited to viruses, Trojans, hackers, system instability, third-party service defects, government actions, etc. which may result in service suspension, data loss, and other losses, we will not be held liable to the extent allowed by applicable laws and regulations. We are not responsible for the suspension or obstruction of the products and services caused by:
(a)Damage under the influence of computer viruses, Trojans or other malicious programs, hacker attacks that are out of our control;
(b)Technical failures of the you or Ecovacs, including but not limited to failures of the your or Ecovacs' software, systems, hardware and communication lines;
(c)Mis-operation by you;
(d)Natural disasters such as floods, earthquakes, large-scale plague and other epidemics, and storms, and social events such as strikes, wars, turmoil, and government actions;
(e)Using Ecovacs products and services with third party products/devices which are not manufactured by us or with our permission; or
(f)Other situations that we cannot control or reasonably foresee.
6.2 You understand and agree that in the use of Ecovacs products and services, you may be exposed to the risks brought by telecommunication networks. We will not be liable for any such damages incurred by you, unless we are deemed responsible for such damages under applicable law.
6.3 We do not assume any legal liability for any accidental, incidental, special, or indirect damages or claims arising out of your use of Ecovacs products and services or in any way related to Ecovacs products and services. We also disclaim all legal liability for any loss of profit arising out of your use of Ecovacs products and services or in any way related to Ecovacs products and services, unless we are held culpable for such damages and/or losses.
6.4 You understand and agree that Ecovacs products and services are not designed for any specific purposes, including but not limited to important areas such as nuclear facilities, military use, medical facilities, as well as transportation and communication. If a person suffers property damage, or environmental damage due to the failure of the above-mentioned operations caused by your Device and/or Ecovacs products and services, we do not assume any legal responsibility except for liabilities with regards to injuries to life and limb.
6.5 None of above-mentioned exclusions or limitations of liability apply in case of damage from injury to life, body, or health due to intentional or negligent breach of duty by us or intentional or negligent breach of duty by a representative or a person who is performing an obligation on our behalf.
7.Compliance with Local Laws
7.1 When using our products and services, you should abide by all applicable laws and regulations and you shall not use Ecovacs products and services to engage in any illegal activities.
7.2 If you violate the relevant provisions of these Terms, the relevant state authorities or institutions may bring lawsuits, impose fines or take other sanctions against you and ask for assistance from Ecovacs. If you cause any damage, you shall compensate according to the law, and Ecovacs shall not be liable for damages that result from errors, faults or negligence by you.
7.3 You shall be independently liable for any damage caused to any third party as a result of your breach of this Terms of Use; and you shall also indemnify Cobalt for any loss suffered as a result.
8.Liability for Breach of Terms
You agree to protect and maintain the interests of us and of other users, and if you engage in any culpable breaches of any term under these Terms and cause damages to us or any other third party, you agree to bear the consequences for damages. You also agree to compensate our parent company, subsidiaries, affiliates, employees, and all related personnel for any damages and liabilities arising from your culpable violation of this Terms of Use.
9.Dispute Resolution and Applicable Laws
9.1 The conclusion, entry into force, performance, interpretation and dispute resolution of this Terms of Use shall be governed by the laws of People’s Republic of China.
9.2 If any dispute or controversy arises between you and us, the parties will endeavor to settle such dispute or controversy through amicable negotiation before formal judicial proceedings. Nevertheless, such amicable negotiation is not a prerequisite for legal action. If the negotiation fails, both parties agree to submit the dispute to the court of Ecovacs resided.
9.3 This section does not, however, prevent us from seeking injunctive relief regarding (i) the infringement of our intellectual property or other related legal rights; (ii) the recognition or enforcement of any award or order obtained against you.
10.Notices and Service
All notices under these Terms can be made through important page notices, emails or regular mailings, etc.; the notices are deemed to have been delivered to you on the date that it was sent.
11.Other Provisions
11.1 The headings of all provisions of this Terms of Use are for convenience of reading only and do not have any actual meaning in themselves and therefore cannot be used as the basis for the interpretation of the meaning of this Terms of Use.
11.2If any term in this Terms of Use is wholly or partially invalid or cannot be enforced for any reason, the remaining terms of this Terms of Use shall still be valid. The parties are obliged to cooperate in order to replace the invalid or unenforceable provision with a valid or enforceable provision that comes as close as possible to the economic result of the invalid or unenforceable provision.