Forza Power Service Agreement

1.1 Before using the products or services officially called Forza Power App ("Forza Power" or "Service(s)") provided by Accvent, LLC ("Accvent", "we" or "us"), please read Forza Power Service Agreement, Forza Power Privacy Policy and any documents linked therein of equal importance (collectively referred to as "Agreement") carefully and fully understand them, especially the content marked in bold including the disclaimer and limitation of liability, dispute resolution and the governing law. Unless you have fully read, understood and agreed to accept and abide by this Agreement, please do not use Forza Power. If you confirm through Forza Power or in any other express or implied way your acceptance of this Agreement, or if you use Forza Power in any way, you shall be deemed to have read and agreed to be bound by this Agreement, and this Agreement shall have legal effect between you and Accvent.

1.2 If you have any confusion about this Agreement, please inquire through our public channels. The terms and conditions of this Agreement may be modified at any time by Accvent, LLC. To the extent practicable and consistent with applicable laws and regulations, we may post the revised Agreement on Forza Power on the effective date of the revised Agreement or within a reasonable period prior to its effective date without further notice to you. Please review this Agreement from time to time and read all revisions carefully. By using Forza Power on or after the effective date of the revised Agreement, you acknowledge that you have read, understood, and agree to all the content stated in the revised Agreement and that the Agreement is legally binding on you. When you use a certain Accvent service, you shall follow the guidelines and rules related to that service (if any). All the above guidelines and rules constitute part of this Agreement.

1.3 You guarantee that you have sufficient right, capacity and authority to agree to and fulfill this Agreement. If you agree to this Agreement on behalf of your employer or customer, you declare that you have sufficient legal authorization to bind your employer or customer to this Agreement. If you do not have sufficient legal authorization, please ensure that the person authorized by your employer or customer agrees to this Agreement.

1.4 Our Services are intended for adults. We do not provide Services for minors.

1.5 You confirm that you are not the subject of trade restrictions, sanctions, legal restrictions and rules limits imposed by any organization, region or country.

2.1 Personal information protection is one of the fundamental principles to which Accvent adheres. When you use Forza Power, we may collect and use your personal information, including your location, device, identity and contact information in some functions, based on the services you require. We will collect, store, use and disclose your personal information in accordance with the provisions of the Forza Power Privacy Policy . Please read Forza Power Privacy Policy carefully and use Forza Power only on the basis that you agree with its content.

3.1 We provide you with smart life device management services, which allow you to control the smart devices connected to Forza Power, manage the smart devices, make the linkage between devices, etc. The specific content and form of Forza Power including its functions may be optimized, altered, suspended or discontinued based on changes in users' needs or our unilateral decisions.

3.2 We provide Forza Power in accordance with applicable laws and regulations, and specifications. You understand and agree that Forza Power is only provided as currently presented, and we expressly refuse to make any express or implied warranties for Forza Power, including but not limited to guarantees or warranties for commercial use and specific purposes.

3.3 In order to improve Forza Power, we will release subsequent versions of Forza Power in due course. Unless expressly stated otherwise in the Agreement, any upgraded or updated version of Forza Power shall be governed by the Agreement.

3.4 After the new version of Forza Power is released, older versions may not be available. We do not guarantee that older versions will remain available, so please download the latest version in time.

4.1 Subject to the terms and conditions hereof, we grant you a non-exclusive, limited, non-transferable, non-sublicensable, and revocable license to access and use the Services and to access the Forza Power Content (as defined in Section 7), which may be accessed only through Forza Power.

4.2 Without our (or our authorized parties') prior written consent, you shall not (and you shall not permit others to) use Forza Power for any commercial purpose in order to directly or indirectly gain any form of interest. If you have commercial operation needs, you need to enter into a separate written agreement with us or obtain our prior written permission.

4.3 We strongly recommend that you download Forza Power from our official channel or the third-party platform authorized by Accvent. If you obtain Forza Power from a third party without our authorization, we cannot guarantee the normal use of the products and will not be liable for any losses you may suffer arising thereof.

4.4 All rights related to the Services, Forza Power Content and all other rights not granted herein shall remain vested in Accvent, and this Agreement shall not be construed as conferring any other rights on you by implication or otherwise. To use other rights, you need to enter into a separate written agreement with us or obtain our prior written permission.

4.5 Although we will continuously improve the quality of our Services, there may be limitations of Forza Power due to various objective or technical reasons. Therefore, Forza Power and its functions are for your reference only, and shall not be regarded as the only basis for your judgment.

5.1 When registering for an account of Forza Power, you need to agree to the Forza Power Privacy Policy and follow the instructions on the registration page to provide us with the information required to register an account (including your email address) and to create a password for your account. You are required to keep your information up-to-date to ensure that it is true, accurate, updated and complete. To the fullest extent permitted by applicable laws and regulations, we shall not be liable for any failure of registration and/or use of Forza Power account or any loss or damage caused to you due to untrue, inaccurate, incomplete or outdated information.

5.2 Once you have registered for a Forza Power account, you are required to keep your account information (including but not limited to the password) safe and secure and to use your account only for your own purposes. When using Forza Power, you shall at all times comply with all applicable laws, regulations, rules, norms, policies, administrative orders, and public order and good customs (collectively referred to as "applicable laws and regulations") and this Agreement. You shall not sell, give away, transfer, lease, or lend your account to any third party or allow any third party to use your account, nor shall you share any information related to your Forza Power account with any third party. To the fullest extent permitted by applicable laws and regulations, you are solely responsible for all actions and behavior that occur within your account, whether such actions have your consent.

5.3 If you become aware of any unauthorized use of your Forza Power account, password or other information, please notify us immediately. You understand that a) it may take us a reasonable period of time to act on your request; b) such action will be limited to what is reasonably practicable; and c) even if we take such action, we may not be able to prevent or stop all or part of the loss or damage from occurring or spreading.

5.4 You may only use Forza Power in the manner permitted by this Agreement, and unless otherwise expressly permitted by a written agreement or additional terms between you and Accvent, you shall not perform, agree, authorize or instruct any third party to do any of the following acts during your use of Forza Power, including but not limited to:

6.1 Forza Power may contain services from third parties. If you obtain or use any product or service provided by a third party through Forza Power, you shall evaluate whether the availability, authenticity, suitability or reliability of the product or service meets your requirements. We do not control nor provide any form of guarantee or warranty therefor.

6.2 Please exercise caution when deciding whether to use third-party services. If you decide to accept products or services from a third party, you shall bear all the results and risks arising therefrom. Disputes arising from your use of third-party products or services shall be settled between you and the third party.

7.1 You understand and agree that, unless we indicate otherwise or the relevant rights holder has rights under applicable laws and regulations, we or our affiliates own all intellectual property rights (including without limitation, copyrights, trademarks, patents, trade secrets, etc.) and all legal rights, qualifications and interests in and to the product(s), technology, software, program(s), data, text, graphics, audio, video, diagrams, interface design, layout frames, related data, electronic documents and all other information and content included with Forza Power ("Forza Power Content"), regardless of whether or not these rights have been registered, and regardless of where in the world these rights may exist.

7.2 Your acceptance of this Agreement and your use of Forza Power shall not imply the transfer of any of the foregoing intellectual property rights, and all such intellectual property rights shall remain the property of Accvent or the applicable right holder(s). Without the prior written consent of Accvent and/or the applicable right holder(s), you shall not exercise, use, transfer or license to any third party to exercise, use or transfer any of the foregoing intellectual property rights, nor shall you modify, lease, lend, sell, distribute, make derivative works of, or otherwise use any part or all of the foregoing intellectual property rights .

7.3 You shall not in any way delete, conceal, modify or replace any exclusive rights statement (including but not limited to copyright, trademark, patent, ownership statement) attached to or included in Forza Power or any copyright marks, trademarks, service marks, logos, trade names, business names, domain names, publication numbers and other obvious signs of Accvent and its partners.

7.4 You shall not use any of Accvent’s or the applicable right holders’ logos unless you have a separate written agreement with Accvent or the applicable right holders. This Agreement does not grant you the right to use Forza Power logo in any manner or for any purpose, nor does it grant you the right to use any other Accvent logo or any third party logo.

8.1 You represent and warrant that you have adequate and lawful rights, licenses or authorizations to the information that you post or upload through Forza Power (collectively referred to as "User Content"). Otherwise, Accvent may delete or block the information provided by you in accordance with applicable laws and regulations or this Agreement.

8.2 You agree to grant Accvent a permanent, worldwide, fee-free, transferable, sublicensable, irrevocable, non-exclusive license to use the User Content you provide through Forza Power. You understand and agree that the aforesaid license will remain valid after you cease to use Forza Power.

8.3 You understand and agree that, notwithstanding the above agreement, when you submit or share screenshots of problems, error correction information, problem feedback, improvement suggestions or opinions or similar content to Accvent through Forza Power, all intellectual property rights such as copyright, ownership and other legal rights stipulated by current and future laws of any of the foregoing content will be automatically transferred to Accvent at the time of your submission, and no fees shall be paid to you by Accvent.

8.4 You understand and agree that you are responsible for the authenticity, accuracy, timeliness and completeness of any information submitted, uploaded and shared by you through Forza Power. You guarantee that the above information will not infringe the legitimate rights and interests of any third party or violate any applicable laws and regulations, nor will it involve or encourage infringement or other illegal acts, otherwise, you shall bear the responsibilities and consequences arising therefrom.

9.1 To the maximum extent permitted by applicable laws and regulations, we disclaim all liability for any direct, indirect, or incidental damages that you may suffer as a result of your use of, or inability to use, all or part of Forza Power features.

9.2 While Accvent will make its best efforts to ensure that Forza Power and related information is secure, effective, accurate and reliable, Forza Power may be affected by a number of factors, including but not limited to the limitations in the available technology, causes attributable to you, causes attributable to third parties, the quality of communications network service, connectivity failures, equipment or network system maintenance, computer or communications or other system failures, power outages, strikes, riots, fires, floods, storms, explosions, wars, governmental actions, orders of judicial and administrative authorities, social circumstances, and other force majeure. Accordingly, you understand and agree that Accvent and its licensors do not provide you with any guarantee or warranty expressed or implied , with respect to the following:

9.3 Neither Accvent nor its employees shall be liable in any way, directly or indirectly, to you or any other person for any errors, inaccuracies or mistakes in the transmission or delivery of any information during the use of Forza Power.

9.4 Information provided by Forza Power shall not be used by or distributed to any person in any jurisdiction where such use or distribution would violate the laws or regulations of such jurisdiction or would cause Accvent or its third-party agents to be subject to any regulatory requirements in such jurisdiction. You warrant that you will not be subject to any local regulation that restricts or prohibits you from using or distributing the information provided by Forza Power.

9.5 You understand and agree that you shall be solely liable for any third-party claims arising from your use of the Service, breach of this Agreement, or any action taken under your account. If this gives rise to a third-party claim against Accvent and/or its affiliates, employees, customers or partners, you shall be responsible for handling it, shall assume full responsibility for it, and shall indemnify Accvent and its affiliates for all damages suffered as a result thereof.

10.1 You understand and agree that Accvent has the right to determine at its own discretion whether you have violated the usage rules set forth in Section 5 of this Agreement, to suspend or terminate your license based on such determination, and to reserve the right to pursue all remedies available at law for such violation.

10.2 In the event of any breach of the Agreement or unlawful acts by you, we reserve the right to pursue all remedies available at law. In case of any loss caused to us or any other person arising therefrom, you shall be independently liable on your own behalf, and we shall have the right to claim compensation from you, including but not limited to fines, compensation, legal fees, attorney's fees, notarial fees, evidence investigation fees paid by Accvent or its affiliates, partners as a result of such acts.

10.3 In the event that Accvent permanently terminates the provision of Forza Power, Accvent will post a notice on Forza Power or the applicable website in advance, but will not separately notify you, and Accvent reserves the right to change, interrupt or terminate the provision of Forza Power with or without notice, and to modify, suspend or terminate your use of Forza Power at any time.

10.4 Upon termination of the license to use Forza Power granted to you under this Agreement, you shall cease the use of Forza Power and destroy all copies.

11.1 Forza Power Privacy Policy released by Accvent and any linked documents in this Agreement shall be an integral part of this Agreement.

11.2 You guarantee that you are in compliance with all export control laws and regulations applicable to this Agreement, and you will not use Forza Power for purposes prohibited by applicable laws and regulations.

11.3 In the event that any provision of this Agreement conflicts with applicable laws and regulations, the other provisions of this Agreement shall remain in full force and effect.

11.4 This Agreement shall be governed by, and construed in accordance with the laws of Singapore, without regard to its conflict of law rules. Any dispute, controversy, difference, or claim arising out of or relating to this Agreement shall be settled through friendly consultations between you and Accvent. Where no settlement can be reached through consultations, any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the notice of arbitration is submitted. The place of arbitration shall be Hong Kong and there shall be three arbitrators. All proceedings shall be conducted in English, and a daily transcript in English of such proceedings shall be prepared.

11.5 The titles of this Agreement and sections are for convenience only and have no legal or contractual effect.

11.6 This Agreement does not grant you any other rights except as expressly provided by this Agreement and applicable laws and regulations.

11.7 All rights and obligations under this Agreement may be transferred by Accvent for the benefit of Accvent and its successors and assigns.

11.8 The rights and obligations of you and Accvent are determined by the English version of this Agreement, and the translated version in another language (if any) is provided for your convenience only. In case of any conflict between the different versions, the English version shall prevail.

11.9 Your opinions and suggestions about Forza Power and this Agreement can be delivered through the contact channel disclosed by Accvent.