PawGlow Application Software Installation and License Agreement
Welcome to install the PawGlow software (hereinafter referred to as the "Software") and use our company's HONOR CHOICE Rethguado Pawphone product (hereinafter referred to as the "Product")!Before installing the PawGlow application software, please carefully read and understand this "PawGlow Application Software Installation and License Agreement" (hereinafter referred to as the "Agreement"). The PawGlow application software (hereinafter referred to as the "Software") is provided by Anhui Xinshiyun Technology Co., Ltd. (hereinafter referred to as "we", "us", or "the Company") and is specifically designed for use with the HONOR CHOICE Rethguado Pawphone (hereinafter referred to as the "Product" or "Hardware Device"). This Agreement is entered into by and between the user (hereinafter referred to as "you") and us regarding your download, copying/installation, and use of this Software. Please carefully read and understand all the rights and restrictions contained in this Agreement. If you do not accept this Agreement, you will not be able to use the Software and related services. By downloading, copying, installing, accessing, or using the Software in any way, you are deemed to have accepted this Agreement and agree to be bound by all its terms.
This Agreement includes the main body of the agreement, appendices, all current and future service specifications, activity rules, and notices (hereinafter collectively referred to as "Rules") released for the Software, as well as any supplementary agreements separately entered into by you and the Company. All Rules, notices, and supplementary agreements are integral parts of this Agreement and have the same legal effect as this Agreement.
The Company has the right to amend this Agreement and will post the amended agreement on the HONOR CHOICE Rethguado Pawphone official website (https://htracker-h5.kidswatch-eu.com) (hereinafter referred to as the "Pawphone Official Website"). The amended agreement may also be released as an attachment to a software update package. The amended agreement becomes effective immediately upon posting. If you have any questions about this Agreement, please contact us promptly. If you do not accept the amended agreement, please stop using the relevant services or products. Your continued use of the relevant services or products will be deemed as your acceptance of the amended agreement.
1. Rights Statement
All intellectual property rights of this Software and all information related to this Software, including but not limited to textual expressions and combinations thereof, icons, graphics, images, charts, colors, interface design, layout framework, related data, additional programs, printed materials, or electronic documents, are owned by the Company and are protected by copyright law, international copyright treaties, and other applicable intellectual property laws and regulations.
2. License Scope
Download, Installation, and Use
This Software is free software. Users may download, install, and use this Software for non-commercial purposes, with no limit on the number of downloads.
Copying, Distribution, and Dissemination
Users may copy, distribute, and disseminate this Software for non-commercial purposes, with no limit on quantity, provided that users ensure all copies, distributions, and disseminations of this Software are complete and authentic, including all electronic documents, copyright and trademark information (including this Agreement) of this Software.
3. Rights Restrictions
Prohibition of Reverse Engineering, Decompilation, and Disassembly: Unless explicitly permitted by applicable laws and regulations, users shall not reverse engineer, decompile, or disassemble this Software or its accompanying hardware device. This Software and its accompanying hardware device are licensed as an integrated product, and users shall not separate any part for any purpose.
Prohibition of Unauthorized Commercial Use: Without the Company's written authorization and approval, users shall not sell, copy, or distribute this Software for any commercial purpose, including but not limited to selling this Software, pre-installing this Software, or bundling this Software.
Reservation of Rights: All rights not explicitly granted in this Agreement are reserved by the Company. Users shall not exercise any rights not explicitly granted in this Agreement without the Company's written approval.
The intellectual property rights of this Software, any other software we use to provide services, and all information content related to this Software belong to their respective copyright owners and are protected by copyright law, international copyright treaties, and other intellectual property laws and regulations.
The content included in this Software and services that is not provided by you is protected by relevant international copyright conventions and relevant national copyright laws, trademark laws, patent laws, and other relevant laws and regulations. Without the consent of the Company or the relevant rights holder, you shall not use it for any commercial or non-commercial purposes; otherwise, you shall bear the relevant legal liability.
You shall use this Software in compliance with laws, regulations, and the terms of this Agreement. You are not entitled to engage in, but not limited to, the following acts:
(1) Deleting or altering all rights management electronic information on this Software;
(2) Intentionally circumventing or destroying the technical measures adopted by the copyright owner to protect the copyright of this Software;
(3) Using this Software to mislead or deceive others, or engaging in illegal or criminal activities;
(4) Violating laws, regulations, and national provisions by deleting, modifying, adding to, or interfering with the functions of this Software, causing the Software system to malfunction;
(5) Deleting, modifying, or adding to the functions of this Software without authorization;
(6) Deleting, modifying, or adding to the data and applications stored, processed, or transmitted in this Software without authorization;
(7) Disrupting the normal operation of this Software system or website, or intentionally spreading destructive programs;
(8) Any other illegal or non-compliant acts that endanger network security.
Component Segmentation: This Software is licensed as a single product. You shall not separate its parts (including but not limited to all software, electronic documents, copyrights, trademarks, this Agreement, and any statements related to this Software) for any purpose.
Individual Authorization: Without the Company's prior written consent and obtaining written authorization and permission, you shall not engage in any commercial sale, copying, or distribution, including but not limited to software sales, pre-installation, bundling, etc.
Reservation of Rights: All other rights not expressly authorized in this Agreement remain vested in the Company. You must obtain the Company's written consent to use other rights.
4. Terms of Use
Pre-use Operational Requirements
This Software can only be used on the operating systems specified on the Pawphone Official Website. This Software activates automatically with the activation of the operating system to promptly provide various required services and shorten response time. If you wish to stop using this Software, you may uninstall it by any method permitted by the system.
The Company cannot guarantee that the Software downloaded from sources other than the Company's designated website or media released by the Company is free of risks. Using such software may expose users to unpredictable risks. Therefore, we recommend that users do not download, install, or use such software, and the Company assumes no liability for any legal consequences arising therefrom.
You should purchase the Company's HONOR CHOICE Rethguado Pawphone product and download this Software through legally authorized channels. Before using this Software, you should complete account registration and login according to the software instructions and bind your account with the Product device. If you purchase this Product from an unauthorized third party or fail to complete the above operations, the Company cannot guarantee that this Product or Software will function properly and effectively.
Software Functions
This Software is a mobile application developed specifically for the HONOR CHOICE Rethguado Pawphone, aiming to ensure the proper and effective operation of the Product and to launch new features anytime to meet user needs. This Software includes functions such as location viewing, health monitoring, safe zone setting, and other device-related extended functions. The activation or enabling of relevant functions initiates the collection and processing of your personal information only with your authorization or consent.
User Registration
Users shall meet the following legal entity qualification requirements:
(1) Users shall be natural persons, legal entities, or other organizations with legal capacity and civil conduct capacity;
(2) Users shall be able to independently bear legal liability.
By registering or using the Company's services through other methods approved by the Company, users are deemed to confirm that they meet the above legal entity qualification requirements. Users bear all responsibilities arising from failure to meet the above requirements. When registering, users shall provide accurate and true basic personal information. If personal information changes, users shall update their personal data promptly.
User Account Usage Rules
1) You shall submit registration materials promptly, comprehensively, and accurately, and continuously update registration information. You shall bear full responsibility for the authenticity, accuracy, legality, and validity of the information provided. If any issues arise due to inaccurate registration information or impersonating another's identity to register an account, you shall bear the liability.
2) You shall be responsible for all actions under your account. Any loss or damage caused to yourself or any third party due to your actions shall be borne by you.
3) You have the obligation to properly keep your account and password, and please do not disclose your account or password information to any third party. If your account and password are used or suspected to be used by others, please notify us promptly to prevent loss to you. You fully understand and agree that any consequences of account/password leakage, loss, or other losses arising from your own fault (including but not limited to transferring the account, sharing with others, self-disclosure, etc.) shall be borne by you.
4) You shall not engage in any acts such as gifting, sharing, borrowing, renting, transferring, or selling the account. If you violate this provision, we have the right to suspend the account, notify you to rectify, stop services, or even cancel the account depending on the circumstances, without assuming any legal liability. Any adverse consequences arising therefrom shall be borne by you.
5) You shall not maliciously register accounts through any means, including but not limited to registering accounts for profit, hype, cash-out, etc. You shall not steal other users' accounts.
6) Minors should use this Software under the guidance of their parents and learn to use this Software correctly. We attach importance to the protection of minors' personal information. When filling in personal information, minor users should strengthen personal protection awareness and handle it carefully, and use this Software and related services correctly under the guidance of a guardian. Minor users understand that if you violate laws, regulations, or the content of this Agreement, you and your guardian shall bear all legal liabilities arising therefrom in accordance with the law.
7) The services related to this Software may include paid services or temporarily free services, depending on the publicly announced information. If users use relevant paid services, they shall pay the relevant fees according to the billing standards and methods published on the corresponding service page. We reserve the right to charge fees for relevant services and change the charging standards and methods; if a service changes from free to paid, it will be notified in an appropriate form. Users can choose to accept or refuse the paid service independently, and guarantee that when using paid services, they will pay according to our relevant charging regulations. If payment is refused or defaulted, we have the right to stop the service and pursue recovery or claim compensation according to law.
8) When using this Software and services, you shall comply with applicable national laws and regulations; shall abide by public order and respect social morals; shall not endanger network security; shall not use the network to engage in activities that endanger national security, honor, and interests, incite subversion of state power, overthrow the socialist system, incite secession, undermine national unity, promote terrorism, extremism, promote ethnic hatred, ethnic discrimination, spread violence, obscene or pornographic information, fabricate or disseminate false information to disrupt economic and social order, as well as infringe upon others' reputation, privacy, intellectual property, and other legitimate rights and interests. Under any circumstances, if we reasonably believe that a user has engaged in such acts, we may terminate the services provided to you at any time without prior notice.
9) You fully understand and agree that you may use this Software and services to upload or publish opinions, data, text, information, usernames, images, photos, personal information, audio, video files, links, and other information content that you originally created or have the right to publish. You must ensure that you own the copyright of the information content you upload or publish or have obtained legal authorization, and that any act of using this Software and services does not infringe upon any third party's legitimate rights and interests.
Third-Party Service Providers
Explanation of Third-Party Functions and Services
4.1 To provide you with higher quality and safer services, regarding third-party products or third-party websites recommended in this Software, you decide whether to use them at your discretion, but you must do so cautiously. The links to other websites or resources contained in this Software are beyond our control, and we are not responsible for the content, privacy policies, or activities of such websites or resources. However, we will fulfill our review obligations before integration and require the provider to process your personal information in compliance with laws and regulations. Nevertheless, it is still recommended that you carefully read the terms of service and privacy policies of third-party functions or services before using them.
Users need to insert a SIM card into this Product to enable all its functions.
Location Viewing
After this Product is initialized and upon obtaining user consent or authorization, it will periodically upload location information to the Company's server.
This operation will incur data traffic charges, which will be collected by your carrier.
Remote Monitoring
After this Product is paired with one or more phones, it will establish a connection with this Software through the Company's server. Each HONOR CHOICE Rethguado Pawphone device can be paired with up to 50 phones. Remote monitoring functions include:
Device Location
When you click the device location button on the map page, we will locate it according to the terms of the "Privacy Policy" and only after obtaining your authorization or consent. The location information will be uploaded to the Company's server, and you can view this information through this Software.
This operation will incur data traffic charges, which will be collected by your carrier.
Voice Call
You can make calls to the device through this Software.
This operation will incur call charges, which will be collected by your carrier.
Automatic Alerts
This Product reports its location and battery level information to the Company's server, which then sends this information to the user. Automatic alert services include:
Low Battery Alert
When the device battery level falls below a preset threshold, the Company's server will send a notification to you.
Health Monitoring Function
When using the health monitoring function, you can view the exercise data stored on the device through this Software. This data will be uploaded via the Company's server and converted into calorie and exercise duration values through a general algorithm.
Software Modification and Upgrade
The Company provides technical support for this Software and reserves the right to modify and upgrade this Software at any time. To enhance user experience and optimize service quality, the Company will continuously develop new features and update this Software. Such updates may take the form of software replacement, modification, feature enhancement, or version upgrade. After your confirmation, this Software will be updated and upgraded.
Such update and upgrade operations may incur data traffic charges, which will be collected by your carrier.
You fully acknowledge and agree that you shall bear full responsibility for all actions conducted under your account, including all content you post, all services accessed and/or used, and all consequences arising therefrom. If the Company discovers or receives third-party reports of your illegal or non-compliant activities, the Company has the right, without prior notice to you, to delete or block the relevant content, or take measures including but not limited to restricting, suspending, or terminating your account access rights and part or all of the services under your account. If such activities cause losses to the Company, the Company has the right to demand compensation from you and pursue legal liability against relevant parties.
User use of this Software shall comply with applicable laws and regulations and the terms of this Agreement. Users shall not engage in, but are not limited to, the following acts:
Intentionally circumventing or destroying any technical measures adopted by the copyright owner to protect the copyright of this Software;
Using this Software to mislead or deceive any third party;
Violating legal provisions by deleting, modifying, adding to, or interfering with system functions, causing the system to malfunction;
Accessing the network or using network resources without authorization;
Deleting, modifying, or adding to network functions without authorization;
Deleting, modifying, or adding to data and applications stored, processed, or transmitted in the network without authorization;
Impeding the normal operation of this Software system or website, or intentionally spreading destructive programs;
Other acts that endanger network security.
Users shall not use this Software or this Product to upload, transmit, publish, or disseminate any sensitive information or information that violates applicable laws, regulations, and government policies (including text, images, voice, video, etc.). Such information includes but is not limited to:
Information that endangers national security or discloses state secrets;
Information that harms national honor and interests;
Information that incites ethnic hatred or discrimination, undermining ethnic unity;
Information that undermines national religious policies, promoting cults and feudal superstitions;
Information that spreads rumors, disrupts social order, or undermines social stability;
Information that promotes obscenity, pornography, gambling, violence, murder, terrorism, or incites crime;
Information that insults or defames others, infringing upon their legitimate rights and interests;
Information that infringes upon others' reputation rights, portrait rights, intellectual property rights, trade secrets, and other legitimate rights and interests;
Other information that violates laws, regulations, policies, public order, good customs, or social moral standards.
5. Privacy Protection
The Company has established strict rules and security measures regarding information uploading and processing, ensuring that user information is collected only within necessary and permitted scopes, guaranteeing the security of uploaded user information, and preventing information misuse. Unless obtaining explicit user permission or as required by law, the Company will not disclose any user-uploaded files or information to any third party. The Company has established the following four privacy protection principles to guide the handling of user privacy or personal information related to this Software and other products:
Using collected information to provide valuable products and services;
Developing products that meet privacy standards and practices;
Ensuring the transparency of personal information collection processes and accepting supervision by authoritative third parties;
Making the best efforts to protect the security of the information we hold.
Program Error Log Reporting: If the program encounters an unexpected error or crash, an error log will be generated. After obtaining necessary user authorization, the software will report this error log to the Company's Security Center to identify the cause of the error or crash and improve product and service quality. When error log reporting is required, this Software will first seek user consent. If the user consents, this Software will report the error log to the Company's Security Center; if the user does not consent, this Software will not report it. The error log only records operational data when the Company's program errors or crashes, containing only error information of the program itself and not involving any user personal data.
Program Update Detection, Analysis, and Security Guarding Needs: Before performing program update detection, the hardware device information and version information of the Pawphone device will be reported to the Company's server. The device's hardware information will be irreversibly encrypted before reporting (i.e., the original information cannot be recovered from the uploaded information). Based on the uploaded information, the Company will analyze the number of software installations and version distribution to optimize products and services. The uploaded information is limited to specific hardware device information and program version information and does not involve any user personal data.
6. Disclaimer and Limitation of Liability
Users acknowledge that they understand all functions of this Software and all operations required by the Company to realize the software functions, and decide to use this Software and related services based on their own needs and free will. Therefore, users shall bear full responsibility for all risks or consequences arising from using this Software and related services, and the Company assumes no liability for such.
This Software has undergone comprehensive testing, but the Company cannot guarantee its full compatibility with all software and hardware systems, nor can it guarantee that the software is entirely error-free. If software incompatibility or program errors occur, users can seek technical support from the Company via contact email or other means. If incompatibility issues cannot be resolved, users may uninstall this Software.
To the maximum extent permitted by law, the Company shall not be liable for any damages or risks arising from the use or inability to use this Software, including but not limited to any direct or indirect personal injury, loss of profits, business interruption, loss of commercial data, or any other economic losses.
The Company shall not be liable for any failure to provide normal services or any losses caused to users due to force majeure events. Force majeure events include but are not limited to telecommunication system or network failures, system failures, information destruction or loss, system defects, natural disasters, government regulations, network interruptions, etc.
The information provided by this Product and this Software is for reference only and does not represent the Company's endorsement of any statement or declaration contained in such information. Such information does not constitute professional advice in any field or aspect. The Company does not guarantee the legality, authenticity, accuracy, or validity of any information obtained by users through using this Product or related services.
If a user violates the terms of this Agreement, the Company has the right to take measures including but not limited to terminating the license, ceasing to provide related services, restricting user access, and may pursue the user's liability for breach of contract.
7. Agreement Termination and Assignment
The Company may terminate this Agreement by sending a written notice to the user 15 days in advance and will make best efforts to minimize inconvenience caused to the user by the termination. You agree that if, due to laws, government policies, or competent authority requirements, or due to breach of contract by the HONOR CHOICE Rethguado Pawphone product manufacturer or third-party service providers, or due to termination of cooperation between the Company and the aforementioned manufacturer or third-party service providers, the HONOR CHOICE Rethguado Pawphone product or related services are terminated or suspended, the Company shall not bear any liability for breach of contract. If a user violates the terms of this Agreement, the Company may terminate this Agreement immediately and pursue the user's legal liability.
The Company, with your prior consent, may assign all its rights and obligations under this Agreement to an affiliate. In the event of such assignment, the Company will notify you by sending a notice or other reasonable means.
8. Applicable Law and Dispute Resolution
This Agreement is governed by the laws of the People's Republic of China.
Any dispute arising from or in connection with this Agreement shall be resolved through friendly negotiations between the parties. If negotiations fail, the dispute shall be submitted to the Beijing Arbitration Commission for arbitration in accordance with its effective arbitration rules then in force. The arbitration award shall be final and binding on both parties.
9. Disclaimer
9.1 You acknowledge that you understand all functions of this Software and the necessary operations to realize its functions. You choose to use this Software and related services voluntarily based on your own needs. All risks and consequences arising from using this Software and related services shall be borne entirely by you. The Company assumes no liability for any consequences arising from your own use.
9.2 The services provided by this Software are based on the capabilities achievable with current technology and conditions. The Company will make best efforts to ensure service continuity and security, but we cannot anticipate or prevent all legal, technical, and other risks. To the extent permitted by law, we disclaim liability for such risks, including but not limited to service interruption, data loss, and other losses and risks caused by force majeure, system failures, third-party service defects, government actions, etc.
9.3 We do not guarantee that network services will meet your requirements, nor do we guarantee the timeliness, security, or accuracy of network services. You shall make your own judgment regarding illegal, immoral, erroneous, or otherwise inappropriate information you may encounter, as well as misclassified or deceptive published content. Under no circumstances shall we be liable in any way for any information, including but not limited to any errors or omissions therein, or for any loss or damage incurred as a result of using information published, messaged, transmitted, or otherwise disseminated through this Software or elsewhere.
9.4 We are responsible for providing this Software service to you. Unless otherwise agreed, we make no express or implied warranties regarding this Software service, including but not limited to its suitability, freedom from errors or omissions, continuity, accuracy, reliability, fitness for a particular purpose. Additionally, we make no commitments or warranties regarding the validity, accuracy, correctness, reliability, stability, completeness, or timeliness of the technology and information involved in this Software service.
9.5 We do not guarantee the accuracy, validity, or completeness of external links, nor can we guarantee that linked addresses can be opened or that linked pages, content, etc. can be successfully accessed. Furthermore, we assume no responsibility for the content of any web pages, software, or resources not under our actual control that are pointed to by such external links.
9.6 This Software has undergone detailed testing, but compatibility with all software and hardware systems cannot be guaranteed, nor can it be guaranteed that the Software is completely error-free. If incompatibility or software errors occur, you may contact us for support. If compatibility issues cannot be resolved, you may uninstall and delete this Software.
To the maximum extent permitted by law, the Company reserves the right to interpret and amend this Agreement.
10. Breach and Compensation
10.1 If you violate the provisions of this Agreement or if the Company discovers anomalies in the service process, the Company has the right to take measures including but not limited to interrupting the license, ceasing service, restricting use, and pursuing legal action. Moreover, if you violate laws, regulations, this Agreement, and/or other Company agreements, rules, etc., and the Company takes any action or measure against you or the Software services you use, resulting in your temporary or permanent inability to use the Software services or causing losses to you, you shall bear the consequences.
10.2 The Company shall not be liable for any indirect, consequential, punitive, incidental, special, or penal damages, nor for any damages and risks arising from the use or inability to use this Software, including but not limited to direct or indirect personal injury, loss of business profits, business interruption, loss of commercial information, or any other economic losses.
10.3 You understand and agree: If the Company discovers on its own or based on information from relevant authorities, complaints from rights holders, etc., that you may be infringing upon the legitimate rights and interests of others, the Company has the right to make an independent judgment based on general knowledge to determine whether you are infringing upon the legitimate rights and interests of others. If the Company determines after judgment that you are infringing upon the legitimate rights and interests of others, the Company has the right to unilaterally take one or more of the following measures at any time:
(1) Require you to immediately replace or modify the relevant content infringing upon the legitimate rights and interests of others, provided that such modification does not affect the Company's right to take any other measures;
(2) Take measures such as closing the new user entrance or restricting login for existing users for the product that infringes upon legitimate rights and interests or for all launched products;
(3) Pursue your legal liability;
(4) Publicly announce your actions, and provide your valid information to competent authorities or rights holders;
(5) Prohibit you from enjoying any platform services in the future;
(6) Other measures deemed appropriate by the Company.
11. Law and Dispute Resolution
11.1 The validity and interpretation of the terms of this Agreement are governed by the laws of the People's Republic of China. If there are no relevant laws, international business practices and/or commercial practices shall be referenced.
11.2 Any dispute arising from or in connection with this Agreement shall be resolved through friendly negotiations between the parties; if negotiations fail, the dispute shall be submitted to the Beijing Arbitration Commission for resolution.
12. Notices
12.1 All notices from the Company to you under this Agreement may be sent via in-app announcements, emails, SMS, or regular mail, and such notices shall be deemed delivered on the date of sending.
12.2 For any dispute arising from your actions on this Software, you agree that the Company and judicial authorities may serve complaint documents and legal documents (including but not limited to litigation documents) to you via SMS, email, or other modern communication methods or by mail. The mobile phone number, email address, and other contact information you designate to receive legal documents are the mobile phone number and email address provided by you when registering or updating on this Software. Complaint documents and legal documents sent by the Company or judicial authorities to the above contact information shall be deemed served. The mailing address you designate is your legal contact address or a valid contact address provided by you.
12.3 You agree that judicial authorities may serve legal documents to you using one or more methods of service that comply with procedural law requirements. If judicial authorities use multiple methods to serve legal documents on you, the time of service shall be the earliest of the above service methods.
12.4 You shall ensure that the contact information you provide is accurate and valid, and update it in real time. If legal documents cannot be served or are not served in a timely manner due to inaccurate contact information provided or failure to promptly notify changes in contact information, you shall bear the potential legal consequences arising therefrom.
If any term of this Agreement is partially or fully invalid or unenforceable for any reason, or violates any applicable law, that term shall be deemed deleted, and the remaining terms of this Agreement shall remain valid and binding on both parties.
The Company may amend this Agreement from time to time based on changes in applicable laws and regulations in the region or country, or adjustments to its own operating conditions and strategies. The amended agreement will be notified through this Software and may also be released as an attachment to a software update package. All disputes shall be resolved based on the latest version of the agreement. If a user does not accept the amended agreement, they may uninstall this Software, and both parties shall still be bound by the terms of the previously signed agreement. Your continued use of this Software constitutes your acceptance of the amended agreement.