DCK CONNECT APP User Protocol
Update date: December 1, 2023
Effective date: October 31, 2023
DCK CONNECT APP User Agreement ("this Agreement") is a legal agreement signed by and between you (or "User", which refers to an individual or organization that registers, logs in, uses and browses DCK CONNECT's products and services) and Jiangsu Dongcheng Electromechanical Tools Co., Ltd. ("We" or "DCK CONNECT") regarding your use of DCK CONNECT products and services.
DCK CONNECT reminds you to carefully read and fully understand the terms of this Agreement before using DCK CONNECT's products and services (see the scope of Article 4.1 below), especially the terms of liability exemption or limitation, the terms of jurisdiction and applicable laws, and other terms that have or may have a significant relationship with your rights and interests. We will remind you to pay attention in bold or underlined format.
1. Validation of Agreement
- 1.1 You understand and agree that, as long as you click the "Agree" button in the account registration program of DCK CONNECT mobile app ("App") and complete the registration of DCK CONNECT account, or you actually use or accept the products and services of DCK CONNECT, it will be deemed that you have accepted all the terms and conditions hereunder and you are willing to be bound by it.
- 1.2 You agree that, in case of iterative updating of DCK CONNECT's products and services, addition of DCK CONNECT business related partners, expansion of user group types, update of the DCK CONNECT APP Privacy Policy, change of applicable laws, etc., DCK CONNECT shall have the right to make unilateral changes to this Agreement and the after-sales service terms related to products ("Terms of Service") accordingly, and announce the revision on related pages. Once being published on DCK CONNECT's website or APP page, the revised Agreement or related Terms of Service will effectively replace the original ones. You can check the latest version of this Agreement in the App at any time. If you continue to use DCK CONNECT's products and services after the announcement of changes in the contents of this Agreement, it means that you have fully read, understood and accept the revised new agreement. If the modification of this Agreement or related terms of service will increase your responsibilities and reduce our service quality, we will separately seek your consent to this Agreement and related terms of service. If you don't agree with the revised content, please stop using DCK CONNECT's products and services immediately.
- 1.3 You confirm that when you start using DCK CONNECT's products and services, you should have the capability for civil conduct appropriate to your behavior as stipulated by the laws of People's Republic of China (PRC).
- 1.4 If you do not have the corresponding capability for civil conduct according to the laws of the place you are located, you should not register a DCK CONNECT account, and you can only use DCK CONNECT's products and services after your parents or legal guardian (hereinafter referred to as "Guardian") become users of DCK CONNECT's products and services. If your guardian disagrees with your use of DCK CONNECT's products and services or provision of information to DCK CONNECT according to this Agreement, please immediately stop using relevant products and services and inform DCK CONNECT in time, and DCK CONNECT will stop providing you with relevant products or services, and terminate this Agreement and other service agreements (if any) between DCK CONNECT and you after being aware of such circumstances.
- 1.5 The effective and continuous provision of our products and services depends on the third party ("our partner") that provides technical framework, servers, storage and other service functions for these products and services. The existence and participation of our partners will not affect the validity of this Agreement.
2. DCK CONNECT Account and Password
- 2.1 You are not required to register a DCK CONNECT account to browse DCK CONNECT's website www.dck-tools.com/robotic/, but you need to register a DCK CONNECT account if you want to use some functions in the app and related products and services. Your DCK CONNECT account includes account name and password. You can log in with the set account name (including mobile phone number or email address) and password or log in through a third-party account. In the process of account use, in order to ensure the security of your account, we may take different verification measures to identify your identity based on different terminals and your usage habits.
- 2.2 You understand and agree that you need to take full responsibility for the authenticity, legality and validity of your registration information. If you are not the purchaser of DCK CONNECT's products or the registrant of DCK CONNECT account, you should only use DCK CONNECT's products and services in the name of the above purchaser or registrant and use any information in the App to publish services with their consent (if applicable). You must not use the registered account in bad faith, which may lead to mistaken recognition by DCK CONNECT or other users. Otherwise, you should bear all legal responsibilities arising therefrom.
- 2.3 DCK CONNECT hereby specifically reminds you to keep your account number and password properly. You should exit in a safe way after use. You shall be responsible for the theft of number or password due to your improper custody.
- 2.4 In case of the loss of account information due to your personal reasons, if you need to retrieve the account information, please provide the corresponding information according to the requirements of DCK CONNECT account retrieval, and ensure that the information is provided in a legal, true and effective way. If the information provided does not meet the requirements and cannot pass DCK CONNECT security verification, DCK CONNECT shall have the right to refuse to provide account retrieval service. In principle, DCK CONNECT does not charge extra for the service of dealing with this problem. However, DCK CONNECT reserves the right to make a charge for the unreasonable repeated retrieval of DCK CONNECT account number in a short period of time to make up for the extra processing costs.
- 2.5 If you are aware of any illegal or abnormal use of your account or password, you can contact DCK CONNECT through our website www.dck-tools.com/robotic/ to inform DCK CONNECT of the situation, and submit relevant proof that the account is owned by yourself, so as to apply for freezing the use of account. You can apply to unfreeze these accounts after removing related security risks. You agree that, if the above situation is not caused by DCK CONNECT's failure to provide information security protection or take emergency measures according to law, DCK CONNECT will not be liable for any direct or indirect losses. In principle, DCK CONNECT does not charge extra for the service of dealing with this problem. However, DCK CONNECT reserves the right to make a charge for the unreasonable repeated account freezing or unfreezing in a short period of time to make up for the extra processing costs.
- 2.6 You need to equip yourself with the mobile phone or other communication equipment needed to register your DCK CONNECT account and use the network. You should properly keep and use the DCK CONNECT account and password. If you log in with the correct user account and password, you will be regarded as user of the account, and any behavior made by the user will also be regarded as your own behavior, and you should be responsible for all actions of the account user.
- 2.7 DCK CONNECT employees (including but not limited to App administrators and after-sales personnel) will not ask any information on your DCK CONNECT account, including password, in any way.
3. Protection of User's Personal Information
- We will properly protect, collect, use, store and share your personal information in compliance with applicable laws and regulations and the provisions in DCK CONNECT APP Privacy Policy. Please be aware that, the DCK CONNECT App Privacy Policy is an integral part of this User Agreement and has the same effect as this Agreement. Please read the terms of the DCK CONNECT App Privacy Policy carefully. In case of any conflict between the provisions of this Agreement and the DCK CONNECT App Privacy Policy in terms of the protection of personal information, or where there is no explicit provision on the protection of personal information in this Agreement, the contents of DCK CONNECT App Privacy Policy shall prevail.
4. Products, Services and Charges of DCK CONNECT
- 4.1 The products and services provided by DCK CONNECT to you include, but are not limited to, DCK CONNECT brand intelligent mowing robot products and the business functions related to its supporting App, including mowing path planning of intelligent mowing robot products, pairing with specific DCK CONNECT accounts, control of intelligent mowing robot products through App and feedback questions. In order to use the above functions, you may need to provide or agree to provide certain personal information in the App (see the DCK CONNECT APP Privacy Policy for details), otherwise you may not be able to use related products or services or be restricted in the use.
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4.2 If you have successfully registered an App account, you should always comply with the following requirements:
- (1) The registration information such as your App account name, nickname, profile picture and profile, and the information generated, published and disseminated in the App shall not contain any of the following characteristics that violate laws and regulations of the People's Republic of China (PRC): being opposed to the basic principles determined by the Constitution; Endangering national security, revealing state secrets, subverting state power and undermining national unity; Damaging the honor and interests of the state; Inciting national hatred and discrimination and undermining national unity; Destroying the state's religious policy and propagating cults and feudal superstitions; Spreading rumors, disrupting social order and undermining social stability; Spreading obscenity, pornography, gambling, violence, murder, terror or abetting a crime; Insulting or slandering others and infringing upon their legitimate rights and interests (including but not limited to other legitimate rights and interests such as reputation rights, portrait rights, privacy rights, intellectual property rights and trade secrets); Containing other contents prohibited by laws and administrative regulations of the People's Republic of China (PRC), including but not limited to those prohibited by the Regulations on Ecological Governance of Internet-Generated Content.
- (2) We have the right to supervise users' use of App, establish and improve the information and content audit management mechanism, take timely disposal measures to eliminate illegal information, keep relevant records and report to the competent authorities according to applicable laws. If the name, profile picture and profile of the App account you applies for violate Article 4.2 (1) above, we may refuse the account registration; If you violate the above Article 4.2.(1) in other ways, we may, according to the seriousness of the violation, take appropriate measures such as removing relevant prohibited content without notice, marking your relevant prohibited content as inappropriate for display, warning you to rectify within a time limit, restricting functions, suspending use, suspending updates, canceling accounts, etc., so as to terminate or revoke your right to access to the App, and we will have the right to file a claim against you in accordance with Article 12.
- 4.3 In addition to purchase of products, DCK CONNECT may provide you with corresponding supporting products and services in the future and charge you a fee. DCK CONNECT will place the information on tariff standards, charging methods, purchasing methods or other tariff policies of products and services in a prominent position in the related web pages of the products and services or the App. If you refuse to pay such fees, you will not be allowed to use corresponding supporting products and services, but it won't affect usability of the products you have purchased.
- 4.4 DCK CONNECT may modify and change the charging standards and methods of charging services according to actual needs, and DCK CONNECT may also start charging for some free services. DCK CONNECT will release a notice or an announcement in a prominent position on the corresponding service page before the above modification, change or commencement of charges. If you don't agree with the above modifications, changes or charges, you can stop receiving the service.
- 4.5 In order to protect your legitimate rights and interests and the right to make full use of DCK CONNECT's products and services, you should buy and obtain related products and services through DCK CONNECT's official channels or designated dealers. DCK CONNECT shall not be liable for the products and services that cannot be identified as DCK CONNECT's products and services.
- 4.6 Although DCK CONNECT's products and services can be used or accessed worldwide, DCK CONNECT's products and services are not applicable to everyone or in all countries/regions. If you choose to use the App in a place other than the countries/regions where DCK CONNECT supports products and services (that is, the countries/regions where there are products sold under the DCK CONNECT brand product line, or the countries/regions which are clearly indicated to be applicable in the App, hereinafter referred to as the "Target Countries/Regions"), you should use the APP on your own initiative and you should be solely responsible for observing the applicable local laws of the countries/regions. You understand and agree that, DCK CONNECT's products and services are not designed for non-target countries/regions, and some or all functions of products and services may not be available or suitable for use in such countries/regions. DCK CONNECT shall not be liable for any damage or loss caused by your visit or use of DCK CONNECT's products and services in non-target countries/regions.
5. Intellectual Property Rights
- 5.1 Unless otherwise specified, for the products and services provided by DCK CONNECT under this Agreement (including but not limited to pages, words, pictures, audio, video, charts, etc.), the apps on which the products and services are provided, and the trademarks and other business logos used in the products and services, the copyright, patent right, trademark right or other relevant intellectual property rights and legitimate rights and interests shall be owned by DCK CONNECT.
- 5.2 The intellectual property rights of the above-mentioned and any other products and services of DCK CONNECT are protected by law. Without the prior written permission of DCK CONNECT or related obligees, no one may use or create related derivative works in any form.
6. Software-based Services
- You may need to download apps to use DCK CONNECT's products and services, and DCK CONNECT grants you a personal, non-transferable and non-exclusive license. You may only use these apps for the purpose of accessing or using DCK CONNECT's products and services.
7. Products or Services Provided by Third Parties
- Please be aware that products or services provided by third parties may be accessible in DCK CONNECT's products or services. In such cases, you should not only abide by this Agreement, but also abide by the product or service agreement between the third party and you. DCK CONNECT and the third party shall bear their respective responsibilities for possible disputes within the scope stipulated and agreed by law.
8. Change, Interruption and Termination of Services
- 8.1 DCK CONNECT may change the content of products and services, or may interrupt or terminate the services.
- 8.2 You understand and agree that, DCK CONNECT shall have the right to decide its own business strategy. In the event of DCK CONNECT's merger, division, acquisition or asset transfer, DCK CONNECT can transfer relevant assets to a third party, and we will issue eye-catching notices by email and/or on the homepage of App.
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8.3 Under any of the following circumstances, DCK CONNECT shall have the right to interrupt or terminate the service provided to you without notice:
- (1) You violate relevant laws and regulations or the Agreement;
- (2) There are relevant legal provisions or mandatory requirements of competent authorities.
- 8.4 You should back up the data stored in DCK CONNECT's products and services by yourself. If we terminate the provision of App and related services to you, DCK CONNECT will inform you by system announcement or email within ninety (90) days before the termination of services.
9. Canceling of Account
- 9.1 Unless otherwise stipulated by laws and regulations or this Agreement, after canceling the account for DCK CONNECT's products or services, your personal information under this account will be deleted or anonymized, and the products and services previously associated with this account will no longer be associated. Once the account is canceled, it will not be restored. Please be careful in canceling.
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9.2 You acknowledge and agree that, after your account is canceled, there will (possibly) be the following results (including without limitation) which need to be borne by you:
- (1) You will not be able to log in and use this account;
- (2) Unless otherwise stipulated by laws and regulations or this Agreement, your personal information under this product account will be deleted or anonymized. You can't retrieve your personal information, and you have no right to ask us to retrieve it. The aforementioned personal information includes but is not limited to: profile picture, nickname, address, map, usage data, purchase records, etc. (if any);
- (3) Once the account number of product or service is canceled, the service agreement signed by and between you and us on the product or service will be terminated (except those that have been agreed to remain in effect). However, the termination of aforementioned service agreement does not affect your responsibilities for using the product or service before the account is canceled, and you still need to bear corresponding responsibilities for using this product or service before the account is canceled, including but not limited to possible liability for breach of contract, liability for damages and performance obligations.
- (4) Other results caused by account cancellation (possible).
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9.3 Before you apply for/continue to apply for cancellation of your account with us, in order to protect your account security and related rights and interests, you need to check first:
- (1) The account is legally owned and logged in by you for use;
- (2) The account is in a safe state, in normal use, and not in the violation treatment period;
- (3) Relevant rights and interests in the account have been settled or properly handled;
- (4) There is no pending orders under this account;
- (5) There is no dispute about the account number.
- 9.4 You need to cancel on the related function setting page according to the cancellation process and operation guidelines provided through our official channels.
- 9.5 We have the right to make a comprehensive judgment on whether your account meets the cancellation conditions according to the security status of your account and your use of related products and services. Even if we judge that you meet the cancellation conditions, it is a formal review based on your commitment (that is, your own commitment to ensure that the account meets the above cancellation conditions). You shall still be responsible for ensuring that the account meets the above cancellation conditions, and we will not bear corresponding legal responsibilities. The specific cancellation procedures and rules shall be subject to the account cancellation rules officially explained for this product or service.
- 9.6 However, please be aware that if you use this account to log in and use this product or service during the agreed account cancellation application processing, it will be deemed that you have canceled the account cancellation application. At the same time, you understand and agree that, before deleting or anonymizing the personal information under this account, in order to protect the legitimate rights and interests of you and other users to the greatest extent, we need some time to sort out and process the personal information under this account, so there may be a delay in deleting or anonymizing the personal information under this account.
- 9.7 You understand and agree that, during your account cancellation application, if we need to verify related transactions, complaints or other matters related to your account, or we have any other reasonable reason, we will have the right to freeze your account cancellation application and suspend the cancellation service for you.
- 9.8 You acknowledge and agree that, even if your account number of this product (or service) is canceled, it will not relieve or exempt you from relevant responsibilities that you (may) have to bear according to relevant laws and regulations, relevant agreements and rules.
10. Update
- You understand and agree that, we have the right to upgrade the firmware or software of the product and the App software based on your personal and property safety considerations, or to fix major problems, or to ensure operation of the basic functions of the product you purchased. You can browse the update log in the App at any time to learn about the specific content of automatic update.
11. Force Majeure and Other Exemptions
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11.1 You understand and agree that, DCK CONNECT's products and services are provided according to the status quo that can be achieved with the existing technology and conditions. DCK CONNECT will do its best to provide you with services to ensure consistency and security of services. However, DCK CONNECT cannot foresee and prevent legal, technical and other risks at any time, including but not limited to service interruption, data loss and other losses that may be caused by viruses, Trojans, hacker attacks, system instability, third-party service defects, government actions, etc. Therefore, you understand and agree that, within the scope permitted by law, DCK CONNECT will not be liable for the service interruption or obstruction caused by the following reasons that still appear after performing its information security protection obligations and taking reasonable preventive measures according to law:
- (1) Damages caused by computer viruses, Trojans or other malicious programs and hacker attacks;
- (2) Technical failures of users or DCK CONNECT, including but not limited to software, system, hardware and communication lines of users or DCK CONNECT;
- (3) Your improper operation;
- (4) Natural disasters such as floods, earthquakes, epidemics and storms, and social events such as strikes, wars, unrest, government actions, etc.;
- (5) Your use of DCK CONNECT's products and services in a way that is inconsistent with this Agreement or the instructions for the use of products or services;
- (6) Other circumstances beyond DCK CONNECT's control or reasonable foresight.
- 11.2 You understand and agree that, in the process of using DCK CONNECT's products and services, you may encounter risks caused by network information or other user behaviors. If DCK CONNECT has fulfilled its obligation of protecting information security according to law and taken reasonable preventive measures, DCK CONNECT will not be liable for any losses caused by these risks.
- 11.3 To the fullest extent permitted by applicable laws, DCK CONNECT shall not be liable for any accidental, non-direct, special or indirect damages or requests caused by your use of DCK CONNECT's products and services or related to DCK CONNECT's products and services in any way.
- 11.4 You understand and agree that, DCK CONNECT's products and services are not designed for some specific occasions and purposes outside the general lawn environment, including but not limited to nuclear facilities, military uses, medical facilities, transportation and communication and other important areas. If you use your products or services for the above-mentioned specific purposes, DCK CONNECT will not be liable for the adverse consequences such as property losses and environmental damage arising therefrom.
12. Comply with Local Laws and Regulations
- 12.1 When you use DCK CONNECT products and services, you must abide by all applicable laws and regulations, and you shall not use the products and services to engage in illegal activities.
- 12.2 If you violate Article 10.1, relevant state organs or institutions may bring a lawsuit against you, impose a fine or take other sanctions, and ask DCK CONNECT for assistance.
- 12.3 If you violate Article 10.1 and cause any damage to any third party, you shall bear the responsibility independently; If DCK CONNECT suffers any loss as a result, you should also provide compensation.
13. Liability for Breach of Contract
- You agree to protect and safeguard the interests of DCK CONNECT and other users. If you violate relevant laws and regulations or any terms under this Agreement and cause any loss to DCK CONNECT or any other third party, you agree to be liable for the damages caused thereby. You agree to compensate DCK CONNECT's parent company, subsidiaries, affiliates, employees and all related personnel for all damages (including but not limited to direct economic losses, attorney fees and legal fees) and responsibilities arising from your violation of relevant laws and regulations or this Agreement.
14. Dispute Resolution and Application of Laws
- 14.1 The establishment, validity, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China (PRC).
- 14.2 In case of any dispute or controversy between you and DCK CONNECT, it should be resolved through friendly negotiation first; If negotiation fails, both parties agree to submit the dispute to the people's court with jurisdiction at the domicile of Jiangsu Dongcheng Electromechanical Tools Co., Ltd.
- 14.3 Notwithstanding the foregoing, the provisions in this section will not prevent DCK CONNECT from seeking injunctive relief in any corresponding jurisdiction under any of the following circumstances: (i) infringement of DCK CONNECT's intellectual property rights or other relevant legitimate rights and interests; (ii) recognition or enforcement of any award or order.
15. Notice and Delivery
- All notices under this Agreement can be made through important page announcements, e-mails or regular letters. The notice shall be deemed to have been delivered to you on the date of sending.
16. Miscellaneous
- 16.1 The titles of all clauses in this Agreement are made for convenience of reading only, which have no actual meaning, and cannot be used as the basis for the interpretation of the meaning of this Agreement.
- 16.2 If any provision of this Agreement is invalid or unenforceable in whole or in part for any reason, the remaining provisions of this Agreement shall remain valid.