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Terms of Use

Software License and Service Agreement

Effective Date

28.03.2024

Please read this Agreement carefully before accepting it. If you have any questions about the terms of this agreement, please consult through https://www.gs-robot.com, Gausium will explain the terms to you. If you do not agree with any content of this agreement, or cannot accurately understand the interpretation of the terms by Gausium, please do not do any subsequent operations. This software license and service agreement (hereinafter referred to as “this Agreement”) is signed by you and Shanghai Gaussian Automation Technology Development Co., Ltd. (hereinafter referred to as “Gausium”). The contents of this agreement include the body of the agreement, annexes and all kinds of business specifications, activity rules, notices, announcements, etc. that have been released or may be released in the future by Gausium (hereinafter collectively referred to as “rules”), including but not limited to: Gausium service agreement, legal terms and privacy policy, etc. All rules are an integral part of the agreement and have the same legal effect as the text of the agreement. Gausium has the right to formulate and modify this Agreement and / or various rules from time to time as required. In case of any change, Gausium will make an announcement by the means of website publicity, and will not notify separately. The changed agreement and rules shall automatically take effect upon publication and become a part of this agreement. In case of any disagreement with relevant changes, the service provider shall immediately stop using the service of Gausium; If you continue to use the service, it shall be deemed that you have no objection to the modified agreement and rules and agree to abide by them. This agreement applies to your access and use of our products and services through the official website of Gausium, the web page of Gausium Cloud Platform, mobile devices (Gausium Mobile APP, Gs Tools) and machine devices (Gmind OS).

1. Definitions

Licensed software: refers to the software system developed by Gausium for you to download from the download platform and only for installation and use in the corresponding system mobile terminal, including but not limited to Android and IOS versions.

Service: the service provided by Shanghai Gaussian Automation Technology Development Co., Ltd., You can use the service on the mobile terminal through the licensed software.

2. The content of service

Gausium provides you with intelligent life device management services, including intelligent device management, scene linkage, summary report, etc., these functional services may be optimized or modified according to the change of user needs due to different service versions or the unilateral judgment of the service provider, or due to regular or irregular maintenance, or delayed provision.

3. The scope of licensing

Gausium offers you a non-transferable, non-sublicensable and non-exclusive license for the installation and use of this software. Due to the limitation of software adaptation platform and terminal, you understand that you can only use the licensed software on the authorized system platform and terminal. If you install the licensed software on other terminal devices (including desktop computers, laptops, or other handheld mobile terminals outside the authorized terminal, televisions and set-top boxes, etc.), your hardware or software functions may be damaged. You should understand that the licensed software can only be used for non-commercial purposes. You may not install, use or run the licensed software for commercial operation purposes. If commercial reproduction, dissemination and sales are required, such as software pre installation and binding, the written authorization and license of Gausium must be obtained in advance. Gausium will change, upgrade, modify or transfer the licensed software and its related functions from time to time, and will develop new functions or other services in the licensed software system. If there is no independent agreement for the above-mentioned new functions and software services, you can still obtain the authorization for the corresponding functions or services and apply to this agreement.

4. Software or services of the third party

The licensed software may use or contain software or services provided by a third party (hereinafter referred to as such services). Such services are set up for your convenience and are legally authorized by the third party. If Gausium uses the services provided by a third party, since the third party is the provider of its software or services, you should enter into a service agreement with the third party, pay the corresponding fees and bear the possible risks. You should understand that Gausium has no right to grant you any right to use such services in this agreement, nor to provide any form of guarantee for such services. Gausium is unable to provide customer support for such services. If you need support, you can directly contact the third party. Any dispute arising from your use of such services can be directly settled through negotiation with the third party. You understand that the licensed software only currently uses or includes such services, and Gausium cannot guarantee that the licensed software will permanently use or include such services, nor can it guarantee that it will not use or include the same or different types of software or services of the third party or the software or services of other third parties in the future. Once Gausium uses or includes the foregoing software or services in the licensed software, corresponding software or services shall also be applied to this agreement.

5. Service norms

You should regulate the use of licensed software. The following methods violate the use norms:

(1) Engage in acts that violate laws, regulations and policies, undermine public order and good customs, and damage public interests.

(2) Lease, lend, copy, modify, link, reprint, compile, publish, establish mirror sites for the licensed software and its related information without authorization, and develop derivatives, works, services, plug-ins, external plug-ins, compatibility, interconnection, etc. related to it with the help of the licensed software.

(3) Use the third-party compatible software, system login or licensed software not developed, authorized or approved by Gausium, or use the plug-ins and external plug-ins that not developed, authorized or certified by Gausium for the licensed software.

(4) Delete the information and content about copyright on the licensed software and other copies. Modify, delete or avoid any technical measures set by Gausium for protecting intellectual property rights in the application products.

(5) Lease, lend or sublicense the licensed software to a third party without the written consent of Gausium, or use multiple licensed versions at the same time or transfer them separately after obtaining the license for the upgraded version of the licensed software.

(6) Copy, disassemble, modify the licensed software or any part thereof or create derivative works thereof; Copy, modify, connect and run the licensed software or any data released in the terminal during the operation of the licensed software and the interactive data between the terminal and the server during the operation of the licensed software, or create any derivative works, including using plug-ins, external plug-ins or unauthorized third-party tools / services to access the licensed software and related systems.

(7) Conduct any act endangering the security of the information network, including damaging the licensed software or making it unable to run or overload or interfering with the use of the licensed software by a third party in any way when using the licensed software; Enter other people’s computer systems without permission and delete, modify or add stored information; Deliberately spreading malicious programs or viruses and other acts that destroy or interfere with normal network information services.

(8) Use the licensed software to publish, transmit, disseminate and store contents that infringe upon other people’s intellectual property rights, trade secret rights and other legitimate rights, or engage in illegal and criminal activities such as fraud, misappropriation of other people’s accounts and funds.

(9) Add, delete or change the functions or operation effects of the licensed software by modifying or forging the instructions, data and data packets in the operation of the licensed software, and / or disseminate or operate the software with the above purposes to the public through the information network.

(10) Otherwise use the licensed software in any illegal way, for any illegal purpose, or in any way inconsistent with this agreement.

You understand and agree:

(1) Gausium will determine whether you are suspected of violating the above use norms, and suspend or terminate your use license or take other restrictive measures according to the determination results.

(2) When you use the licensed software, Gausium will directly delete the information that is suspected of violating laws or legal rights of others or this agreement.

(3) For any damage to any third party caused by your violation of the above use norms, you need to bear the legal liability independently in your own name, and should ensure that Gausium is free from any loss or increased cost incurred thereby.

(4) If you violate relevant laws or the provisions of this Agreement and cause Gausium to suffer any loss, or suffer any claim from any third party, or be punished by any administrative department, you shall compensate Gausium for the losses and / or expenses incurred thereby, including reasonable attorney fees, investigation and evidence collection expenses.

6. Rules of Information

You promise you will not use this service to carry out any illegal or improper activities, including but not limited to the following acts:

(1) Upload, transfer, or share information containing one of the following:

(a) Opposing the basic principles defined in the constitution;

(b) Endangering national security, divulging state secrets, subverting state power and undermining national unity;

(c) Harming the honor and interests of the state;

(d) Inciting ethnic hatred, discrimination and undermining ethnic unity;

(e) Undermining the state religious policy and propagating cults and feudal superstitions;

(f) Spreading rumors, disrupting social order and undermining social stability;

(g) Spreading obscenity, pornography, gambling, violence, murder, terror or abetting a crime;

(h) Insulting or slandering others and infringing upon the lawful rights of others;

(i) Contains false, fraudulent, harmful, coercive, invasion of others’ privacy, harassment, infringement, slander, vulgar, obscene, or other morally offensive content;

(j) Containing other contents restricted or prohibited by Chinese laws, regulations, rules and any legally effective norms;

(2) Pretend to be any person or institution, or state or falsely claim to be related to any person or institution;

(3) Forge the title or manipulate the identification data in other ways, so that people mistakenly believe that the content is transmitted by Gausium;

(4) Upload, transmit or share any content that is known under any law or contract or legal relationship (such as internal information, exclusive and confidential information obtained or disclosed due to employment and confidentiality contract) but has no right to transmit;

(5) Upload, transmit or share the content suspected of infringing the rights of others (including but not limited to copyright, patent, trademark, trade secret and other intellectual property rights);

(6) Track or harass others in other ways, or send a large amount of information to friends or other users through this service;

(7) Upload, transmit or share any advertising, promotional information, promotional materials, “spam”, “junk mail”, “chain mail”, “direct selling” or any other form of persuasion materials; Except for special areas or special functions used for the foregoing purposes;

(8) Since this service is not designed for certain specific purposes, you may not use this service in important fields including but not limited to nuclear facilities, military purposes, medical facilities, transportation and communication. If the above operations failed due to software or services, resulting in casualties, property losses and environmental damage, Gausium will not bear any legal responsibility;

(9) Conduct any behavior beyond the purpose of internal or external information communication and exchange between normal friends or users;

(10) For the purpose of exceeding the internal or external information communication and exchange between normal friends or users (including but not limited to the purpose of sending advertising, garbage, harassment or illegal information), make yourself form a friend relationship with other users by adding or inducing others to add (friend relationship includes but not limited to one-way friend relationship and two-way friend relationship, the same below);

(11) Send a large amount of information to friends or other users through this service;

(12) Acts in violation of the requirements of the “seven bottom lines” such as compliance with laws and regulations, the socialist system, national interests, citizens’ legitimate interests, public order, social morality and the authenticity of information;

(13) Engage in any act in violation of Chinese laws, regulations, rules, policies and normative documents.

7. Privacy policy and data

Protecting your personal information is very important for Gausium. Gausium has formulated the legal statement and privacy policy, which makes important disclosure on the ownership and protection of intellectual property rights, your information collection, use, sharing, storage, protection and other aspects related to your vital interests. Gausium recommends you to read the legal statement and privacy policy completely in order to help you protect your personal information better. 

8. Disclaimer of warranties and limitation of liability

Unless otherwise specified by laws and regulations, Gausium will try its best to ensure that the licensed software and the technology and information involved are safe, effective, accurate and reliable. However, limited by the existing technology, you understand that Gausium cannot guarantee the aforementioned. You understand that Gausium cannot be liable for your direct or indirect losses caused by force majeure and third parties.

(1) Use or failure to use the licensed software;

(2) Unauthorized use of licensed software or change of your data by a third party;

(3) Expenses and losses arising from the use of licensed software

(4) Your misunderstanding of the licensed software;

(5) Other losses related to the licensed software not caused by Gausium. Personal injury or incidental and indirect damages, including but not limited to loss of profits, loss of information, business interruption or other business damages or losses, caused by or related to any of the following circumstances shall be borne by you:

Any other software derived from the licensed software that is not developed and officially released by Gausium or authorized by Gausium is illegal. Downloading, installing and using such software may lead to unpredictable risks. The resulting legal liabilities and disputes have nothing to do with Gausium. Gausium has the right to suspend and terminate the use license and / or all other services.

9. Intellectual property right

Gausium owns the software copyright, patent, trademark, trade secret and other related intellectual property rights of the licensed software, including various documents related to the licensed software and the intellectual property rights therein. The relevant logo, logo and name of the licensed software belong to the intellectual property rights of Gausium and are protected by relevant laws and regulations. Without the explicit authorization of Gausium, you shall not copy, imitate, use or release the above logo, nor modify or delete any logo or identity information that reflects Gausium in the application product. Without the prior written consent of Gausium, you shall not implement, utilize, transfer or license any third party to implement, utilize or transfer the above intellectual property for any profit-making or non-profit purpose.

10. Termination of the agreement and liability for breaching the agreement

You should understand that using the licensed software according to the scope of authorization, respecting the intellectual property rights of the software and its contents, using the software according to the norms, and performing the obligations as agreed in this Agreement are the prerequisites for you to obtain the licensed software of Gausium. If you seriously violate this Agreement, Gausium will terminate the license. Your use of the software depends on the supporting services provided by Gausium. If you violate the terms, agreements, rules, announcements and other relevant provisions of Gausium and are terminated by any of the above websites, you may not be able to use the licensed software normally, and Gausium has the right to terminate the license. You understand that for the purpose of maintaining the order of the platform and protecting the rights and interests of consumers, if you make any form of commitment to Gausium, and relevant companies have confirmed that you have violated the commitment and notified Gausium to deal with it according to your relevant agreements, Gausium can take restrictive measures against your use license and other rights and interests that Gausium can control in the way of your commitment or agreement, including suspension or termination of your license. You should understand that using the licensed software according to the scope of authorization, respecting the intellectual property rights of the software and its contents, using the software according to the specifications, and performing the obligations as agreed in this Agreement, and the aforementioned are the prerequisites for you to obtain the licensed software of Gausium. If you seriously violate this Agreement, Gausium will terminate the license. The licensed software is downloaded by you from the download platform, you need to abide by the agreement of the download platform, system platform and terminal manufacturer on the way and restriction of your use of the licensed software. If the above third party confirms that you violate the agreement and need Gausium to deal with it, Gausium may terminate your use license at the request of the third party. Upon termination of this use license, you shall stop using the licensed software and destroy all copies of the licensed software. If you violate the terms of this Agreement and cause losses to Gausium or other users, you must bear all compensation liabilities incurred thereby. If Gausium bears the above responsibilities, you agree to compensate relevant expenses and losses of Gausium, including reasonable attorney fees.

11. Governing law and severability

The validity, interpretation, alteration, execution and dispute resolution of this Agreement shall be governed by the laws of the people’s Republic of China. In the absence of relevant laws, the general international business practices and / or industry practices shall be referred to. Any dispute arising from or in connection with this Agreement may be settled through friendly negotiation with Gausium or submitted to the court located in Shanghai China for adjudication. Any provision of this agreement is ruled invalid by the court with jurisdiction, which shall not affect the effectiveness of other provisions or any part thereof, you and Gausium shall still perform in good faith.

12. Miscellaneous

Gausium may change the entity providing software services to you according to business adjustment. The changed entity will perform this agreement together with you and provide services to you. The above changes will not affect your rights and interests under this agreement. In the event of a dispute, you may determine the subject of your performance and the other party to the dispute according to the service you use and the specific behavior object that affects your rights and interests. All the headings of this Agreement are only for the sake of striking and easy reading. They have no actual meaning and cannot be used as the basis for interpreting the meaning of this agreement.