Smart Motion's Terms of Service

What You Need to Access the Services

In order to access the Services, you must, among other things, have: (a) the Device; (b) an appropriate Internet connection; (c) a working Wi-Fi network that is positioned to communicate reliably with the Device; (d) a device on which the Application has been downloaded and is able to properly operate; (e) a valid account with us; (f) a bed, chair or other item of furniture with a compatible control unit; and (g) other system elements that may be specified. In addition, in order to access the voice-activated features of the Services, you must have access to Google Assistant services, which includes the Android phone, an Google Assistant enabled product (e.g. Google Home), and a valid Google account. You are responsible for making all arrangements necessary for you to have access to the Services and to ensuring that you have all required system elements and that they are compatible, up to date, and properly configured. You acknowledge that the Services may not work as described when system requirements have not been met or there is not compatibility among system elements.
We will not be liable if for any reason all or any parts of the Software or Services are unavailable at any time or for any period. From time to time, we may restrict your access to the Application of other components of the Software for maintenance or other purposes.

Limited License

The Software (including the Application) and Services are licensed, not sold, to you. Except to the extent expressly provided in this Agreement, We and our licensors shall own, on an exclusive basis, all right, title and interest in and to the Software and Services. Subject to the terms of this Agreement, we grants you a limited, non-exclusive, non-sublicensable and non-transferable license (the “License”) to make personal and non-commercial use of the Software and Services. However, you shall not:
  1. Use the Software or Services for non-personal or commercial purposes, or for any purpose other than the intended functioning of the Device;
  2. Copy the Software or Services, except to the extent permitted in this Agreement;
  3. Modify, translate, adapt, or otherwise create derivative works or improvements of the Software or Services;
  4. Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Software;
  5. Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Software;
  6. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software or Services, or any features or functionality of the Software or Services, to any third-party for any reason, including by making the Software available on a network where it is capable of being accessed by more than one device at any time;
  7. Remove, disable, circumvent, or otherwise create or implement any workaround to any security or safety features of the Device, Software or Services; or
  8. Use the Device, Software or Services in, or in association with, the operation of any safety-critical applications, including medical or life-support systems.

Details Regarding Your Account

To access the Services, you must create an account (your “Account”) through the Application, which involves, among other things, creating a user name and password and providing an email address and phone number. You agree that all information you create or provide in connection with the establishment and continued operation of your Account (your “Registration Information”) will be accurate, complete and not misleading. You agree to update your Registration Information as necessary, including your correct email address, so we may send you notifications and other account-related communications. You hereby grant us the right to use your Registration Information in order to provide the Services to you.
You are responsible for maintaining the confidentiality of the user name and password that you create. You agree to use strong passwords (e.g. that contain upper and lower case letters, numbers and symbols), and to maintain the confidentiality of your password. You are responsible for all uses of the Software and Services on your Account, whether or not authorized by you. You must notify us of any unauthorized use of your Account, user name or password, and you should immediately change your password to prevent further unauthorized use.
Your Account is subject to termination or suspension at any time if we, in our sole discretion, believe that you have violated the terms of this Agreement.

Collection and Use of Your Information

You acknowledge that when you download, install or use the Software, we may use automatic means to collect information about your mobile device and about your use of the Software, Device and Services. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Software or certain of its features or functionality. All information we collect through or in connection with the Software is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through the Software, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Software and Service Updates and Changes

We may, from time to time, update the Software, including without limitation, by providing bug fixes, new functionality or modifications (collectively “Updates”). Updates may occur automatically without additional notice to you, and you hereby consent to such Updates. We may also ask you to install Updates yourself, and you agree to do so promptly. You acknowledge that failure to install Updates may expose you to security risks or limit our ability to provide the Services to you. Updates are subject to this Agreement together with any additional terms that may be provided with such Updates. We may also change or remove, at any time and from time to time, any features or functionality of the Software or Services.

Third-Party Products

The Services are designed to interface with Google Assistant and other third-party products, software and services(collectively, “Third-Party Products”). By accessing and using the Services, you are consenting to the creation of interfaces with Third-Party Products and agreeing that we may exchange information and other data with such Third-Party Products regarding you and your use of the Services in order to enable interface and functionality with such Third-Party Products. Information and data to the extent shared with Third-Party Products will be governed by the privacy policies applicable to such Third-Party Products and not by our Privacy Policy. Moreover, use of such Third-Party Products is governed by separate terms of use issued by the providers of such Third-Party Products. You should review all terms of use, privacy policies and other agreements applicable to such Third-Party Products before using the Services. You acknowledge and agree that we does not control, is not responsible for, and makes no representation or warranty regarding the safety, security, reliability or performance of any Third-Party Products. Accordingly, we is not responsible for your use of any Third-Party Products or any personal injury, death, property damage, or other harm or losses arising from or relating to the use of Third-Party Products.

Prohibited Uses of the Application and Services

You agree not to use the Application or Services in any way that violates any applicable federal, state, local or international law, rule or regulation. You agree not to use the Application or Services to impersonate any other person or infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Application or Services.
You agree not to use the Software or Services in any manner that we, in our sole discretion, may consider unlawful, unethical or inappropriate. For example, and without limitation, you shall not:
  1. Attempt to attack or undermine the security or integrity of the systems or networks of us or the providers of any Third-Party Products;
  2. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Software or Services, or any server, computer, database or other technology connected to the Software or Services;
  3. Falsify or misrepresent your identity or the information that you transmit;
  4. Provide information that is untrue, inaccurate, not current, or incomplete;
  5. Transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;
  6. Transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;
  7. Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Application or Services to anyone without our prior express written permission;
  8. Engage in “spidering,” “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
  9. Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
  10. Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Software or Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
  11. Attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the Software;
  12. Access the Software or Services if you are a direct competitor of us or access the Software or Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or
  13. Engage in any other conduct that, in our sole judgment, exposes us or any of our users, affiliates, or any other third-party to any liability, damages, or detriment of any type.
Although we are not obligated to monitor access to or use of the Application and Services, we have the right to do so for the purpose of providing the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to suspend or terminate your access to all or any part of your Account, the Software and the Services, at any time and without notice, including, but not limited to, if we, at our sole discretion, believe that you have violated these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate laws.

Feedback

We appreciate it when users communicate ideas, feedback, comments or suggestions (collectively, “Feedback”) to us, but please be aware that we may use such Feedback in any manner we choose including, without limitation, to improve the Services. By submitting any Feedback, you expressly acknowledge and agree that: (a) we are not under any obligation to you, including any obligation of payment of compensation or confidentiality, with respect to the Feedback; and (b) we may freely use, assign, transfer, distribute, exploit, and further develop and modify the Feedback for any purpose. To the extent any copyright or other intellectual property ownership interest vests in you with respect to the Feedback, you hereby grant us a worldwide, non-exclusive, royalty-free, fully paid up, irrevocable, transferrable, sublicensable, and perpetual right and license to make, use, copy, sell, distribute, otherwise exploit, and create derivative works of the Feedback. Further, you irrevocably release us from any and all liability and claims that may result from or are related to the rights to the Feedback.

Term and Termination

These Terms remain in effect so long as you continue to use the Software or Services. You can stop using the Software or Services at any time. We reserve the right to suspend or terminate your use of the Services or your access to the Application at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. We may also terminate your use at any time if we cease to support the Software or Services, which we may do in our sole discretion. Upon any termination, the License, your Account, and your right to use the Software and Services will automatically terminate. Our rights, and your obligations, will survive termination and termination will not limit any of our rights or remedies at law or in equity.
If you transfer the Device to a new owner, please note that your Account is not transferable, and the new owner will have to register for a separate account in order to use the Software and Services.

Limitations

Our aim is to make the Services highly reliable and available; however, they may not be available all of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond our control, including without limitation, your Wi-Fi and mobile network failures, service provider uptime, and acts of god. Further, the Device, Software and Services rely on or interoperate with third-party products and services, including third-parties that we use for networking, storage and cloud services. These third-party products and services are beyond our control, may not always operate in a reliable manner, and may impact the performance or operation of the Services. You acknowledge and agree that we are not responsible for any damages, liabilities or losses due to reason’s beyond our control including, without limitation, the operation, performance or failure of any third-party products or services.
Neither the Device nor the Software or Services should be used: (a) outdoors or in extreme temperatures or environmental conditions; (b) by minors without adult supervision; (c) for emergency, hospital, hospice, or other medical-related purposes; (d) in violation of any written instructions provided by us; or (e) for any purpose other than for which the Device, Software and Services are designed and intended. To the maximum extent permitted by law, neither we nor our affiliates, licensors or suppliers shall be responsible for any personal injury, death, property damage, or other harm or losses arising from or relating to (i) misuse of the Device, Software or Services including, without limitation, uses described in this paragraph or (ii) normal wear and tear or aging, or improper repair, operation or maintenance or connections to improper voltage supply or, to the extent allowed by law, attempted repair by anyone other than a facility authorized by us to service the Device.

Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WE AND OUR AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, RELATED TO THE SOFTWARE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE AND OUR AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SOFTWARE OR SERVICES WILL: (A) MEET YOUR REQUIREMENTS; (B) BE COMPATIBLE WITH ANY OTHER SOFTWARE, SYSTEM, NETWORK, COMPUTER OR MOBILE DEVICE; (C) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (D) BE ACCURATE OR RELIABLE; (E) BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Assumption of Risk

UPON COMMAND OF THE END USER BY VOICE ACTIVATION OR THROUGH USE OF THE APPLICATION, THE SERVICES ARE INTENDED TO AUTOMATICALLY AND AUTONOMOUSLY ADJUST THE POSITION OF A BED, CHAIR OR OTHER ITEM OF FURNITURE TO WHICH THE DEVICE IS PAIRED. SUCH ADJUSTMENT MAY OR MAY NOT BE STOPPED BY INTENTIONAL ENGAGEMENT BY THE END USER OR BY ANY ANTI-COLLISION SYSTEM INTEGRATED INTO THE BED, CHAIR OR OTHER ITEM CONTAINING THE CONTROL UNIT. THEREFORE, BEFORE THE ADJUSTMENT FEATURE IS ENGAGED, AND IN ORDER TO AVOID POTENTIAL LOSS OR INJURY, YOU MUST ENSURE THAT NO PERSONS OR OBJECTS ARE IN THE PATH OF, OR WILL OTHERWISE IMPACT, THE ADJUSTING COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT SUCH USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT, TO THE EXTENT PERMITTED BY LAW, NETIHER WE NOR OUR AFFILIATES, LICENSORS OR SUPPLIERS SHALL BE RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER HARM OR LOSSES ARISING FROM OR RELATING TO THE ADJUSTMENT OF ANY BED, CHAIR OR OTHER ITEM OF FURNITURE.
YOU ASSUME ALL RESPONSBILITY FOR GUESTS WHO USE THE SERVICES, INCLUDING ANY DAMAGES THAT THEY MAY CAUSE TO YOU, US, OR ANY THIRD PARTY.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS, HAVE ANY LIABILITY FOR THE FOLLOWING ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE DEVICE, SOFTWARE OR SERVICES: (A) PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; AND (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE PURCHASE PRICE ACTUALLY PAID BY YOU FOR THE DEVICE.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless us and our officers, directors, employees, affiliates, agents, licensors, and suppliers, from and against any and all damages, claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) you or your guests’ use of the Device, Software or Services including, without limitation, your or their negligence or willful misconduct; (b) your or your guests’ violation of any law, rule, regulation or third-party rights; or (c) your or your guests’ violation of these Terms. We reserve the right, at your expense, to assume the exclusive defense, control and settlement of any matter for which you are required to indemnify us and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without our prior written consent.

Notifications

We may provide notifications to you as required by law or for marketing or other purposes via (at its option) email, text, the Application or hard copy. You hereby consent to such notifications. Please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will apply. We are not responsible for any automatic filtering you or your network provider may apply to email notifications.

Force Majeure

Neither party shall be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, natural disasters, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

Assignment

These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without our prior written consent, and any attempt to do so shall be null and void. These Terms may be assigned by us without restriction. These Terms are binding upon any permitted assignee.

Injunctive Relief

Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction if you have breached or have indicated your intention to breach these Terms in any manner which violates or may violate our or any of our licensors’ intellectual property rights, or in any manner which may cause continuing or irreparable harm to us or our affiliates.

Limited Time to File a Claim

You agree that, unless prohibited by law, any claim or cause of action arising out of or related to these Terms or the use of the Services, must be filed within one (1) year after such claim or cause of action arose or be forever barred, regardless of any time limit set forth in any statute or law to the contrary.

Intellectual Property Rights

The contents, features and functionality of the Software and Services (including but not limited to all information, software, text, displays, images, video, audio, names and logos, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may use such contents, features and functionality solely for your personal, non-commercial use in connection with the Services, and may not distribute, modify, make derivative works of, misappropriate or infringe upon any of the foregoing.

Miscellaneous

This Agreement constitutes the entire agreement between you and us regarding use of the Software and Services and supersedes all prior and contemporaneous agreements, representations, warranties and understanding of any kind, whether written or oral. Any failure by us to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party. The headings and section titles in these Terms are for convenience only and have no legal or contractual effect.

Contact Us

In the event of any questions or comments or to request further information, we may be contacted at No.465 Xin Nanyang Road, Wangjiangjing Development Zone, Jiaxing, Zhejiang, China or by email at jxlhdq_wan@163.com.