realme Link Software License and Service Agreement

 

Thank you for using realme Link software and services!

In order to use the realme Link software (hereinafter referred to as the "Software") and its related services, please carefully read, fully understand, and comply with this realme Link Software License and Service Agreement (hereinafter referred to as the "Agreement"). Please be sure to carefully read and fully understand the terms of this Agreement, especially those related to the exemption or limitation of realme liabilities, dispute resolution, and applicable laws. Please pay particular attention to exemption or limitation clauses, which are highlighted in bold. Please read through the terms herein carefully before choosing whether or not to accept this Agreement.

Unless you have read and accepted all the terms of this Agreement, you should not download, install, or use the Software and its related services. By downloading, installing, using, registering or logging in, it will be deemed that you have read and agreed to all the terms of this Agreement, and agree to be bound by it.

If you are a minor, please read this Agreement with your legal guardian and pay special attention to the terms of use related to minors.

  1. General Provisions

1.1 This is an agreement between you (hereinafter also referred to as the "User") and realme regarding the download, installation, and use of realme Link software and realme related services by the User. "realme" (hereinafter also referred to as "we/us") refers to Shenzhen realme Mobile Communications Co., Ltd. and any affiliates of its services.

1.2 The “Software and its services” refers to the software and services provided by realme, installed on devices including, but not limited to, smart mobile devices, in order to provide the User of said devices with services such as the linking and operation of smart products.

1.3 The ownership and operational rights of the Software and its services belong to realme.

  1. Scope of the Software License

2.1 realme grants the User a personal, non-transferable, non-sublicensable and non-exclusive license to use the Software for the services covered herein.

2.2 The User can install, use, display, and run the Software on a single mobile device for non-commercial purposes. The User is not allowed to copy, alter, modify, hook, or create any derivative works from the Software, or any data released to the memory of any terminal equipment during the operation of the Software, or data interactions between the client and the server during the operation of the Software, by means including but not limited to using plug-ins, add-ons, or unauthorized third-party tools/services to access the Software and/or related systems. If commercial sales, reproduction, and distribution are required, such as software pre-installation and bundling, written authorization and permission from realme must be obtained. If you violate this Agreement, we may, at our sole discretion, suspend, restrict, or terminate your (full or partial) right to use the Software and its services.

2.3 Without the written permission of realme, the User shall not install the Software on other terminal equipment without the explicit permission of realme, including but not limited to televisions, set-top boxes, game consoles, etc.

2.4 The User may reproduce a copy of the Software for the purpose of using the Software and its services, but this copy shall only serve as a backup. The backup copy must contain the same copyright information included with the original software.

III. Acquiring, Installing, and Updating Software

3.1 The User can download and install the Software from the realme website or an approved third party. To prevent mobile devices from being infected with malicious programs that can delete user data and obtain personal information, please do not download this Software from unapproved websites. If the User obtains the Software or an installation program with the same name as the Software from a third party that has not been approved by realme, realme cannot guarantee that the Software will work properly, and will not be liable for any losses the User may incur.

3.2 The User shall select the version of the Software that matches their mobile device, and after downloading the installation program, follow the steps suggested by the program to correctly install it. Otherwise, any software problems, device problems, or damage caused by using Software that does not match the device model, or not following the installation instructions, shall be borne by the User.

3.3 In order to improve the user experience and service content, realme reserves the right to provide you with software replacements, modifications, upgrades, and functional enhancements from time to time, by automatically updating the Software and its services. The User can manage update services through the Software settings. After a new version of the Software is released, old versions of the Software may be rendered unusable, and realme does not guarantee that old versions and their corresponding services will continue to be available.

3.4 The User agrees that realme may notify the User of software updates through methods including announcements and update logs, and that realme is not required to provide any special notification to the User.

  1. Terms of Use

4.1 You understand and agree that Users must equip themselves with the equipment required for mobile devices to access the Internet and use telecommunication services. During the use of the Software, some costs may be incurred, including networking, communication, and electricity costs. You are responsible for checking with your operator what charges apply, and shall bear all costs necessary for using the Software and its services. We will not be held responsible for any unavailability of the Software or its services, or any other consequences resulting from your delayed payment of such charges.

4.2 In order to use the Software and its services, you may need to register for an account. If you already have an account, your account may access the Software and its services, either directly or indirectly. Your registration and use of your account are subject to the account user agreement.

  • The User may use the Software and its services in accordance with the provisions of this Agreement, subject to applicable laws and regulations, as well as this Agreement. The User must not engage in or assist others in any of the following:
    • Delete any copyright information in the Software or copies of the Software; copy, modify, reverse-engineer, disassemble, decompile, or attempt to export the source code or algorithms of the Software; decode and analyze or copy any source code, structure, or concept from the Software, or engage in similar behavior; or circumvent or attempt to bypass any technical protection measures in or involving the Software;
    • Add, delete, or change the functions of the Software or the way it operates by modifying or falsifying instructions or data during its operation; or operate or disseminate software and methods used for the above purposes, regardless of whether or not this is for commercial purposes;
    • Gift, rent, lend, copy, modify, sell, reallocate, redistribute, copy, export, import, or otherwise process or sublicense the Software and information it contains without realme's written consent or permission;
    • Display, decipher, or modify the system components of the Software, or provide support to or facilitate any third party that engages in such acts through non-realme channels;
    • Commit any act that is harmful to you or others, the Software or its services, or computer network security, including but not limited to: using unauthorized data or entering unauthorized servers/accounts; entering a public network or another person's operating system without authorization and deleting, modifying, or adding to the data stored within; attempting to check, scan, or test the vulnerability of this Software system or the network without authorization, or performing other acts that may harm network security; attempting to interfere with or harm the normal operation of this Software system or network, intentionally disseminating malicious software or viruses, or performing other acts that may damage or disrupt normal network services; forging TCP/IP packet headers or parts of headers;
    • Log in or use the Software and its services through third-party compatible software or systems developed, authorized, or approved by non-realme entities, or make, publish, or disseminate the aforementioned tools;
    • Use this Software to publish, transfer, disseminate, or store information that endangers national security, national unity, or social stability, or contains information that may be illegal or offensive (such as defamatory, pornographic, or violent information), or any information that is slanderous or could cause public unrest, or violate the applicable laws, regulations, or policies of any jurisdiction; or configure any screen name or nickname containing the above information; or post, pass, or transmit any advertising information, marketing information, or spam messages that include the above information;
    • Use the Software to publish, deliver, disseminate, or store content that infringes upon the legitimate rights of others, such as intellectual property rights, trade secrets, privacy, or reputation rights;
    • Maliciously fabricate facts or conceal the truth to mislead or deceive others, or engage in fraudulent, false, misleading, or deceptive conduct;
    • Engage in commercial activities such as advertising or selling goods, or other illegal activities that may harm our interests, such as by using or engaging in the above activities through unauthorized third-party plug-ins or tools, or by publishing or providing said plug-ins or tools;
    • Use any improper method to generate traffic, or guide, transfer, or forcibly control the Software, or negatively impact the Software or the Software experience of other Users;
    • Any other use of this Software or other services provided by realme that is itself illegal, conducted for illegal purposes, or is in any way inconsistent with the uses permitted by this Agreement.

 

4.4 To the extent permitted by law, you are responsible for your use of the Software and its related services, and/or your failure to comply with your obligations under this Agreement or the consequences of your actions (including any losses or damage we may suffer); we are not liable to you or any third party for this.

4.5 The following terms apply to any content in the Software and its related services:

  • You may use the Software to publish opinions, text, information, pictures, audio and video, links, and other content that you authored, or have the right to publish. You must guarantee that you own, or have been granted a license to the intellectual property rights of the content you have uploaded, and that any use of this Software and its services by you does not infringe the legitimate rights and interests of any third party.
  • When you use this Software to publish content, you must comply with local laws and regulations.
  • When using the Software, you may not engage in activities that include, but are not limited to, the following:

4.5.3.1 Produce, copy, publish, disseminate, and store content that violates local laws and regulations;

4.5.3.2 Publish, deliver, disseminate, or store content that infringes upon the legitimate rights of others, such as reputation rights, portrait rights, intellectual property rights, and trade secrets;

4.5.3.3 Fabricate facts or suppress the truth to misguide or deceive others;

4.5.3.4 Publish, transmit, or disseminate advertising information or spam;

4.5.3.5 Use improper methods to generate traffic, guide, transfer, or forcibly control redirects, or otherwise negatively impact page views of message content;

4.5.3.6 Arbitrarily edit, collect, or arrange message content, and display said content in channels outside of realme Software and its related services;

4.5.3.7 Engage in other acts that violate local laws and regulations.

  • You understand and agree that:

4.6.1 realme has the right to determine whether the User is suspected of violating the above-mentioned Terms of Use or the provisions of this Agreement based on our own reasonable judgment, and may suspend or terminate your license, or take other restrictive measures permitted herein based on the results of such determination;

4.6.2 realme has the right to directly delete content published by the User through the Software or its service that is suspected of violating the law, infringing the legal rights of others, or violating this Agreement;

4.6.3 If a User’s violation of the Terms of Use or this Agreement cause damage to third parties, the User shall assume sole liability, and must ensure that realme and realme's affiliates, as well as their directors, employees, and representatives incur no losses or additional costs;

4.6.4 If, as a result of a User’s violation of relevant legal provisions or agreements, realme suffers losses, is subject to a third-party claim, or is punished by an administrative authority, the User shall compensate realme for any losses and/or costs incurred, including reasonable attorney fees, and the costs of conducting an investigation and obtaining evidence.

  1. Privacy and Personal Data Protection
  • We respect and are committed to protecting your privacy. Please see our privacy policy for specific measures we take to protect your personal information

 

  • We (or third-party advertisers) may contact you for marketing purposes and send you advertising, marketing, or promotional information in accordance with our privacy policy.
  1. Service Risks and Disclaimer

6.1 realme (and its affiliates) shall not be liable for any losses suffered by the User due to any third party, such as communication line failures, technical problems, network problems, mobile device failures, system instability, and other force majeure events.

6.2 As with most Internet software, this Software may be impacted by a range of factors, including but not limited to user factors, network service quality, and the broader social environment. This can result in various security threats, such as user data being used to harass people in real life, and Users downloading and installing other software or visiting websites that contain viruses, including Trojans, that may compromise data security on the User’s device and prevent the Software from working properly. To avoid suffering losses or experiencing harassment, users should familiarize themselves with data security and data protection risks and implement strong password protection.

6.3 Third-party Products and Services

6.3.1 The User's use of this Software may involve applications provided by third parties that are designed to access third-party services and websites (referred to as third-party applications and services). realme is not a provider, sponsor, or guarantor of third-party applications and services. You acknowledge and confirm that all third-party applications and services, as well as third-party content, are provided independently by third parties, and that we do not make any promises, guarantees, warranties, or representations concerning the content, authenticity, accuracy, reliability, security, or any other aspect of third-party applications and services, or any matter beyond our control, including any rights arising therefrom, and we accept no responsibility for any consequences resulting from your use of such third-party services. Third-party applications and services are not under our control, and we have no intention of supporting or making any changes or edits to them. You access these third-party applications and services at your own risk.

6.3.2 Please note that when you use third-party applications and services, you may need to comply with other terms of use imposed by the relevant third party (including the terms of use and other contractual terms of the relevant application or service). We are not a party to any disputes between you and these third parties as a result of any agreement or other arrangements reached between you and those third parties, and we will not be held liable to you or such third parties.

6.3.3 When the User uses the Software or requests realme to provide specific services, the Software may call up third-party systems or third-party software, and the results of such use or requests are provided by third parties. realme does not guarantee the security, accuracy, effectiveness, or any other aspect of results provided by third-party systems or third-party software, nor does it assume responsibility for any disputes or damages arising therefrom.

6.4 Without limiting any other provisions of this Agreement and to the extent permitted by applicable law, we and our subsidiaries, as well as the relevant legal entities, have not and do not make any express or implied warranties or guarantees regarding the Software, including any warranty or guarantee of merchantability, quality standards, suitability for a particular purpose, and non-infringement. The Software and its services are provided on an "as is" and "availability" basis and should not be relied upon for any particular purpose. We do not warrant that the Software and services are free of errors, accurate, uninterrupted, timely, and secure. This disclaimer and exclusion apply even if any of the express warranties set forth above have not been fulfilled.

6.5 realme reminds Users that, in order to protect the company's business development and autonomy of products and services, realme has the right to modify or discontinue services at any time without notifying Users; realme's right to modify or discontinue services is not liable to the User or any third party.

6.6 Except as expressly provided by laws and regulations, we will do our best to ensure that the Software as well as the technology and information it uses are secure, effective, accurate, and reliable; but due to the limitations imposed by existing technologies and given the inherent risks of using Internet services and software (including data privacy and security risks), the User understands that this cannot be guaranteed by realme.

6.7 For any loss caused or related to events (including but not limited to the following situations) that the User may suffer during the use of the Software and its services (including but not limited to loss of property, loss of income, loss of data files, loss of personal information, incidental, indirect economic damages, or other business damages or losses), the User shall bear all resulting responsibilities:

6.7.1 Use or failure to use the Software or its services;

6.7.2 Unauthorized use of the Software by third parties or alteration of User data;

6.7.3 Expenses and losses arising from the User's use of the Software;

6.7.4 The User's possible loss or liability for illegal or improper use of the Software or violation of the provisions of this Agreement;

6.7.5 The malfunctioning of the Software, or its failure to operate normally due to force majeure events such as typhoons, earthquakes, tsunamis, floods, power outages, wars, network problems, and terrorist attacks;

6.7.6 The interruption, delay, malfunctioning, or inoperability of the Software or any connected systems due to computer viruses, Trojans, other malicious programs, hacking attacks, technical changes, failure of telecommunications operators or Internet service providers, system maintenance, or any other reason beyond our control;

6.7.7 The interruption, delay, malfunctioning, or inoperability of the Software or any connected systems due to changes in applicable laws and regulations, or orders from judicial, administrative, or other agencies;

6.7.8 The interruption, delay, malfunctioning, or inoperability of the Software or any connected systems due to Internet connectivity issues; or

6.7.9 Other software-related losses not caused by realme.

6.8 We cannot control all network outages, delays or disruptions, and it is possible that certain events may cause you to be temporarily or permanently unable to recover your content or other data stored in the Software, its related services, or related accounts. You store such content and data at your own risk, and we are not responsible for any data loss you suffer. We recommend that you back up your content and data.

6.9 To the extent permitted by applicable law, and in accordance with Articles 6.10 and 6.12 below, if we shall assume any liability related to the operation of this Agreement or the Software, and the terms of this Agreement do not limit or exclude those liabilities, then our liability is limited to reasonably foreseeable damages. In accordance with Articles 6.10 and 6.12 below, our total liability to you is limited to the amount you paid for using the Software and its services in the month in which the loss or damage occurred (or if the Software is free to use, up to a maximum of USD $10).

6.10 If we fail to comply with this Agreement, we will be responsible for the reasonably foreseeable loss or damage you suffer as a result of our breach of this Agreement or our failure to use reasonable care and skill, but we will not be responsible for any loss that cannot be reasonably foreseen. A reasonably foreseeable loss or damage is a loss or damage that could obviously occur, or that you and we were aware of as probable, occurring at the time of your acceptance of this Agreement.

6.11 To the extent permitted by applicable law, this Software is intended for home and private use. We are not responsible for lost profits, lost business, business interruption, or lost business opportunities.

6.12 We will not exclude or limit our liability to you in any way that violates applicable law. These responsibilities include liability for death or personal injury caused by the negligence of us or our employees, agents or subcontractors; liability for fraud or fraudulent misrepresentations; liability for damages due to intentional or gross negligence; or liability for breach of obligations implied by applicable consumer protection laws.

6.13 To the extent permitted by applicable law, different liability limitations and exclusions apply to liabilities arising from the provision of certain other products or services provided to you.

6.14 If you have a legal basis to make any claim against us with respect to this Agreement, this Software, or any software or services related to it (including our alleged violation of this Agreement), you agree that the only remedy you have is limited to recovering your direct loss from us. We are not responsible for any indirect, consequential, special, incidental, or punitive loss or damage you suffer. This limitation of liability applies to the maximum extent permitted by applicable law.

VII. Statement of Intellectual Property Rights

7.1 realme is the intellectual property right holder of this Software. All copyrights, trademarks, patents, trade secrets, and other intellectual property rights of the Software, and all content related to the Software (including but not limited to text, pictures, audio, video, graphics, interface design, layout framework, related data, or electronic documents) are protected by your local laws and regulations as well as corresponding international treaties, and realme enjoys all the above intellectual property rights. Except as expressly provided in this Agreement, no provision shall be deemed to grant you any right or interest in any patent, proprietary technology, copyright, trade secret, trademark, or other intellectual property rights that we own or control.

7.2 Without realme's written consent, the User shall not, for any commercial or non-commercial purpose, implement, utilize or transfer the above intellectual property rights, or license any third party to do so; realme reserves the right to pursue legal responsibility for the above acts.

VIII. Changes to the Agreement

8.1 We reserve the right to amend this Agreement if necessary (in accordance with the terms described in these Agreements and applicable law) or to incorporate any terms from time to time by reference. We will inform you of any amendments to the terms of this Agreement through relevant page displays, notifications in this Software and other means, and these amendments will take effect from the date that is specified. You can browse the latest version of this Agreement in the Software settings, and we recommend that you regularly check our website and platform for the latest version of any other agreements incorporated by reference into this Agreement. If you do not agree with the changes, you shall actively cancel this service. If you continue to use this service, you are deemed to accept the changes made to the terms of this Agreement.

If you are located in Germany (if applicable): We will also inform you of these changes via email and provide you with a two-month period during which you can dispute the terms of such changes in writing or via email. If you do not explicitly object within the two-month period, you are deemed to have accepted any changes. We will inform you in writing of the changes and the consequences of not raising an objection within the period specified in the preceding paragraph. Changes to this Agreement shall apply from the time specified in the notice about such changes. If the time is not notified, any changes will become applicable when the two-month period from the time the notice about the changes was made expires, whereby you have not disputed those changes. If you dispute those changes, you will be deemed to have terminated this Agreement.

8.2 realme reserves the right to charge for the Software license and related services, and has the right to modify or change the chargeable services, rates, charging method, service fees, and service terms as required. If the Software or service begins charging or undergoes any changes to its fees, we will notify you in advance by means such as announcements and system notifications to obtain your consent. If you refuse to pay the new fees, you can no longer continue to use the related services after the change is implemented.

  1. Applicable Laws and Resolution of Disputes

9.1 This Agreement is governed by the laws of the People's Republic of China (excluding the laws of Hong Kong, Macao, and Taiwan), but if any mandatory applicable laws in your jurisdiction provide otherwise, the laws governing all or specific rights and obligations of both parties shall be that of your place of habitual residence.

9.2 To the extent permitted by applicable law, you and we shall first resolve any disputes or issues related to the Software and its services arising from this Agreement through friendly negotiations. If no agreement can be reached through negotiation within 30 days from the date when either party first submitted such disputes, either party shall have the right to submit the disputes (possibly contractual or non-contractual disputes) to the People's Court of Nanshan District, Shenzhen, PRC, to be resolved; the only exception being, if your country's compulsory laws and courts stipulate that you have the inalienable right to consider the dispute locally, or you are not allowed to agree to the jurisdiction of the People's Court of Nanshan District, Shenzhen, PRC, or if the courts in your country believe that the agreement of the foregoing jurisdiction is unfair, then in such cases, the courts of your habitual residence will have jurisdiction over the disputes related to this Agreement. This does not affect your right to sue for your legal rights.

9.3 The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

  1. Miscellaneous

10.1 When the User uses a specific service of the Software or this Software as a portal to use other services provided by realme affiliates (such as retail stores, official websites, and communities), such services may be governed by a separate agreement and their own terms of use (hereinafter collectively referred to as "Separate Agreements"). Please read and agree to any Separate Agreements before using such services.

10.2 The titles of all terms herein are provided only for ease of reading, have no actual meaning, and shall not be used as a basis to interpret the meaning of this Agreement.

10.3 You must follow any and all stipulations of applicable domestic and international export control laws and restrictions, including any restrictions on the destination, end users, and end uses. We reserve the right to suspend, restrict, or terminate your use of the Software or any part thereof for the purpose of complying with any such export control laws and restrictions.

10.4 If any term of this Agreement shall, for any reason, be partially invalid or unenforceable, the remaining terms herein shall continue to be valid and binding on both parties.

 

Contact Us:

If you have any questions or complaints about this Software or this Agreement, please contact us using the contact information below.

Email: apps_link@realme.com

 

Effective date: June 2020

 

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