EasyShare End User Licence and Service Agreement

  This EasyShare End User Licence and Service Agreement (hereinafter referred to as this "Agreement") is the agreement between you and vivo with respect to the EasyShare service (hereinafter referred to as the "App") and related technology and functions (hereinafter collectively referred to as the "Service"). Please carefully read and fully understand all terms and conditions of this Agreement, especially those regarding the exemption or limitation of vivo's liability, limitation of user rights, as well as content that is marked in bold format. Your use of the Service, in whole or in part, shall be deemed as your acceptance of all these terms of the Agreement, and you shall be deemed to have entered into a binding contract with vivo. If you do not agree to this Agreement, you will not be able to use the Service.

  "We" or "vivo" referred to herein shall mean vivo Mobile Communication Co., Ltd. located at No.1, vivo Road, Chang’an, Dongguan, Guangdong Province, with the Uniform Social Credit Code being 91441900557262083U registered by Market Supervision Administration of Dongguan Municipality.

1 Capacity for Civil Conduct

  1.1 You represent and warrant that you have the full capacity for civil conduct in accordance with the laws of your region when you use the Service or agree to this Agreement.

  1.2 You shall not use the Service or accept this Agreement without the consent or confirmation of your parent or guardian in the case that you are a minor or you do not have the full capacity for civil conduct in accordance with the laws of your region.

  1.3 By using the Service or accepting this Agreement, it shall be deemed that you have met the provision in the first paragraph of this section or you have obtained consent from your parent or guardian.

2 The Service

  2.1 This Service provides you with the ability to transfer files between devices. The main functions are as follows:

    2.1.1 Personal Information Settings: You may set your own nickname and avatar when using the Service.

    2.1.2 Phone Clone: You can use this Service to establish a connection with another mobile device to send or receive data such as apps, music, videos and audio in a face-to-face manner.

    2.1.3 Data backup: You can use the Service to establish a connection with your computer to back up data such as apps, music and videos from your phone to your computer, or restore backup data saved on your computer to your phone.

    2.1.4 File Transfer: You may establish a connection between your device and another mobile device through the Service to send/receive pictures, music, videos, audio and any other content accessible in File Management (collectively, "Content") to/from the other party in a face-to-face manner.

  2.2 Other

    2.2.1 The specific functions supported by this Service may vary depending on the system version and model of the device. Please refer to actual availability.

    2.2.2 You understand and agree that in order to provide you with effective services, this Service may take advantage of your terminal processors, broadband and other resources. For the cost of data traffic that may arise during your use of this Service, you need to know the relevant fee from the operator and bear the related expenses on your own.

    2.2.3 In order to improve the user experience and service contents, vivo will make efforts to develop new services and provide update services from time to time (these updates may adopt one or more forms, such as replacement, modification, function enhancement, version upgrade, content adjustment and so on). In order to ensure the safety and function of the Service, vivo has the right to update or adjust the Service without any special notice, or to change or limit all or part of its functions.

3 Licence and Proprietary Rights

  3.1 vivo hereby grants to you a non-exclusive, non-transferable, non-sublicensable, revocable and limited licence to use the Service.

  3.2 You agree that the licences vivo grants to you hereby shall not be deemed or construed to mean any sale and/or transfer of any content, product or service, in whole or in part, to you by vivo.

  3.3 vivo does not expressly or implicitly grant to you any right or interest of copyright, trademark, patent or any other intellectual property or proprietary right, save for the limited licence to the Service expressly granted to you in section 3.1 of this Agreement.

  3.4 You shall not make any commercial use of, modify, disassemble, decompile or reverse-engineer any related content of the Service.

  3.5 You acknowledge and agree that all software and content related to the Service, including but not limited to structures, source codes and related documents of the software, are properties of vivo, vivo's affiliates or their suppliers, contain valuable trade secrets and/or intellectual property, and shall be regarded as confidential information of vivo, vivo's affiliates or their suppliers.

  3.6 You agree to use the Service only in a manner consistent with all applicable laws, including, but not limited to, in accordance with the relevant copyright and other intellectual property rights regulations and/or export control regulations.

4 User Behaviour

  4.1 You hereby covenant that, during your use of the Service, you will abide by all the applicable laws and regulations and will not use this Service to conduct any illegal or infringing act, including but not limited to:

    4.1.1 Hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating or sharing:

        • any illegal, defamatory, insulting, discriminatory, provocative, terrorist, aggressive, violent, hateful, obscene, pornographic, racially or ethnically objectionable content, content that is insulting or harassing on the basis of gender, content that threatens national security, integrity, sovereignty or public order, or other offensive content in any form;

        • any content that is paedophilic or harmful to children;

        • any content containing a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

    4.1.2 Fraud, money laundering, illegal transactions, gambling and so forth, or acts otherwise inconsistent with or contrary to the laws in force;

    4.1.3 Infringing on the right to name (such as impersonating another person), reputation, personal information, privacy, and trade secret, copyright, patent right, trademark and other proprietary rights of others;

    4.1.4 Intentionally communicating false or misleading information with the intent to violate the law and/or infringe others rights and interests; and

    4.1.5 Any other act that violates applicable laws and regulations, infringes upon the rights of others and/or harms minors in any way.

  4.2 If you are in violation of the preceding paragraph, vivo will have the right to unilaterally terminate the Service, remove infringing/illegal content and take necessary legal measures.

5 Personal Information Protection

  We attach importance to your privacy and personal information so that our collection and processing of your information will be conducted in accordance with our "Privacy Policy". Before you use the Service, please read the Privacy Terms for EasyShare in detail.

6 Disclaimer

  6.1 The Service is for your personal use only and you shall not provide it to any third party. You understand and agree that you shall be solely responsible for the results of your use (that is illegal or in violation of this Agreement) of the services, performance or functions provided by vivo. You agree to take all risks of your use of the Service.

  6.2 Notwithstanding anything to the contrary, the Service and all information, products, software, programs and contents related to the Service, including but not limited to the App, are provided on an "as is" basis, without guarantees and warranties of any form or kind. vivo disclaims all representation or warranties, whether explicit, implied, statutory and otherwise, including but not limited to representations and warranties of security, stability, accuracy, merchantability, fitness for a particular purpose and non-infringement of ownership and intellectual property, to the maximum extent permitted by law.

  6.3 vivo hereby disclaims, and you hereby irrevocably, perpetually and unconditionally discharge and release vivo, its affiliates, and employees, directors and officers of vivo or its affiliates from all responsibilities for any indirect, incidental, special or other damage or loss you have suffered arising out of or related to the Service or related contents, to the maximum extent permitted by law.

  6.4 vivo shall not be liable for failure to provide the Service or fulfil the obligations in this Agreement that is on account of:

    6.4.1 Force majeure, including but not limited to earthquake, flood, storm, tsunami, epidemic, war, terrorist attack, riot, strike, and governmental order;

    6.4.2 Repair, update of software or upgrade of hardware operated by us or by a third party at our instance;

    6.4.3 Interruption of data transmission due to an issue with the network operator or the user's network connection;

    6.4.4 Any problem due to software or services provided by third parties or acts of third parties;

    6.4.5 Other situations in which vivo shall suspend or terminate the Service in accordance with laws and regulations or other uncontrollable reasons, such as vivo's business adjustment.

7 Contact

  If you have any complaints, questions, comments or suggestions, you can refer to the vivo official website (https://www.vivo.com) to contact vivo via online Customer Care, or submit your questions via "Help & Feedback".

8 Miscellaneous

  8.1 This Agreement constitutes the entire agreement between you and vivo, superseding all prior agreements between you and vivo as to the subject matter hereof.

  8.2 If any provision of this Agreement is held invalid or unenforceable, the remainder shall continue in full force and effect.

  8.3 Any provision of this Agreement that is not enforced shall not constitute a waiver of right by you or vivo.

  8.4 Licences vivo grants to you shall be limited to those expressly granted herein. vivo reserves all rights not expressly granted to you.

  8.5 If you are in breach of this Agreement, vivo will have the right to unilaterally terminate this Agreement and cease the relevant services, without bearing any responsibility for damages. For the avoidance of doubt, any provision of this Agreement which is expressed or intended to continue in force shall survive the termination of this Agreement until the expiration of the agreed conditions or termination by its nature.

  8.6 vivo reserves the right to modify this Agreement from time to time. You can check the latest version of the terms of the Agreement on the relevant page. Your continued use of the Service shall be deemed as your acceptance of such modified version of this Agreement.

  8.7 You agree to abide by the laws, ordinances, by-laws, and other regulations of local authority, state, autonomous region, federation and country where you are located during your use of the Service.

Copyright ©2021 vivo Mobile Communication Co., Ltd. All Rights Reserved

Updated in June 2021