User Agreement

Issue Date: 2023/1/14

Effective Date: 2023/1/14

Welcome to the UGREEN service!

The UGREEN service is a service provided to you based on the UGREEN software, which allows you to connect your personal UGREEN smart device through the UGREEN software to monitor and remotely control the operating status of the smart device. The UGREEN User Agreement (hereinafter referred to as "this Agreement") is made between all subjects (hereinafter referred to as "you" or "User") who use the UGREEN service (hereinafter referred to as "the Service") and Ugreen Japan Co.,Ltd.  (hereinafter referred to as  "we", with registered office at No.205, Seijo 1-26-9, Setagaya-Ku, Tokyo, Japan) for the use of UGREEN intelligent devices, software and other services.

Please read this Agreement carefully and ensure you understand it in full before using UGREEN .We recommend you pay careful attention to important or specific terms in this Agreement, which are marked in a distinctive manner or in boldface.If you are a minor under the laws of your residence country or jurisdiction, read and understand this Agreement with your guardian and obtain their explicit consent before using UGREEN .You are deemed to have read, fully understood, and accepted this Agreement upon clicking "Agree" and using UGREEN .We may periodically update, modify, or change UGREEN  to enhance user experience, optimize services, and meet security and compliance requirements. This includes, but is not limited to, product modifications, service suspension, termination, new features, and updates.Updated versions may be provided for these changes.You are entitled to the choice to update or not.However, failure to update may result in restricted or unavailable features.You may choose to uninstall  the UGREEN .

1. Service content and use instructions
2. When you use the UGREEN service, you need to download the corresponding special UGREEN software through your relevant device (personal cell phone), complete account registration, login, authorization and bind your UGREEN smart device according to the software platform prompts to enjoy the Service of monitoring and remote control of UGREEN smart device provided by UGREEN for you.
3. The device related to the Service (such as personal cell phones, UGREEN smart devices, devices related to accessing the Internet, etc.) and the required fees are to be borne by you.
4. You shall download and install the software products from the website or in the manner specified by us. Be careful not to download the software from a website other than the designated website to prevent your mobile device from being infected with malicious programs capable of destroying user data and obtaining user privacy information. If you obtain the software or an installer with the same name as the software from a third party not authorized by us.Wecannot guarantee that the software can be used normally and will not be responsible for any damage caused to you as a result.

 

1. Guidelines for use
2. Account registration and management

(1) You should have the civil capacity to act in accordance with the laws of the People's Republic of China (or your country); if you are under the age of 18 (or in your jurisdiction, your age belongs to the category of minors), you need to register and use the UGREEN software platform account only after your guardian agrees and signs the agreement on your behalf. In the event that we collect personal information from minors with your guardian's consent to use our products or services, we will only use or disclose this information as permitted by law or regulation, as expressly agreed to by your guardian, or as necessary to protect minors.

(2) You can enjoy the Service by downloading the corresponding special UGREEN software through the relevant device (personal cell phone), registering an account on the software platform using your own cell phone number, and setting a personal password to bind your own UGREEN smart device. The ownership of the UGREEN software platform account belongs to us, you enjoy the right to use it after registration, and shall not rent, lend, transfer or give it to others for joint use.

(3) Account and Password Security and Confidentiality.You must take all possible steps to safeguard the security and confidentiality of your UGREEN  account and password.All operations performed using your account and password shall be deemed as your own actions, for which you assume full liability.Immediately report any suspected illegal account or password use or security concerns.Follow our recovery guidelines and procedures if you forget your account or password details.You understand and acknowledge that our account recovery process depends significantly on comparing the information you provide with our system records for verification purposes.We cannot ensure that you will be successful in recovering your account, nor can we verify that the complainant is the true owner of the account.Therefore, please provide accurate, complete, and updated information when registering and using your account.You shall be fully liable for any losses and risks arising from inaccurate account information and poor account safeguarding.

(4) You have the right to modify the information in your personal account on the Software Platform, and if your password is lost, you can reset your password through the registered cell phone number according to the prompt.

(5) You must ensure the authenticity, accuracy and legitimacy of the cell phone number used to register your account. The cell phone number used for registration is the only proof of your association with the software platform. Once the cell phone number is changed, lost or cannot receive the verification code, you need to update the cell phone number to continue to use the Service.

(6)You may request cancellation of your UGREEN account.Cancellation requests are limited to your own account and must follow proper procedures to verify account ownership.Upon cancellation, we will delete or anonymize your account information, unless laws or guidelines mandate different retention or disposal methods.You will be unable to use the account to log into UGREEN or retrieve any related content or information post-cancellation.You remain liable for activities conducted on UGREEN  prior to account cancellation.

2. Use of the Service

(1) You can add your personal UGREEN smart devices in your registered software platform account to remotely monitor and control the added devices, including but not limited to: viewing battery power, power, temperature, device status, etc., setting working mode, child lock, shutdown time, low battery warning value, etc., switching DC charging current, AC output frequency, battery temperature, etc.

(2) The Service will also depend on your network environment, hardware base (personal related device with Bluetooth or Wi-Fi function), therefore, you need to ensure that all conditions and requirements have been met before using the Service, otherwise the Service may have abnormal conditions such as delay, restricted access or denied access.

(3) You have the right to share your device to a sub-account to view and operate all the permissions in the device. In order to protect your legal rights and interests, we recommend that you only add user accounts that have a genuine need for common management, such as family members, and open the corresponding scope of permissions. We have no control over your sharing account and you should use your own discretion to decide whether to use the relevant functions and bear the corresponding losses or responsibilities.

3. Product/Service Changes

The content, parameters, price, quantity and other information advertised by UGREEN products/services are subject to change at any time. Although we will do our best to ensure the accuracy of the product/service information you view, due to the existence of Internet technology, market factors and other objective reasons, the information displayed on the platform may have a certain lag or error, you are aware of this situation and understand, and agree not to pursue the responsibility of us. If you find that the product/service information is wrong or in doubt, please do not submit an order or accept the Service, and please contact us.

III. User specifications

1. In the process of using the Service, you shall not use the software platform to store, upload, copy and disseminate information containing any information that may violate national laws, regulations, policies, public order and morals and relevant rules of us, including but not limited to the information that:

(1) endangers national security and leaking national secrets;

(2) violates national, social or collective interests and the legitimate rights and interests of citizens;

(3) engages in illegal and criminal activities;

(4) incites resistance, undermine the Constitution and the implementation of laws and administrative regulations;

(5) incites subversion of state power or overthrow of the socialist system;

(6) incites secession and undermine national unity;

(7) incites ethnic hatred, ethnic discrimination, and undermine national unity;

(8) fabricates or distorts facts, spreads rumors and disturbs the social order;

(9) promotes feudal superstition, obscenity, pornography, gambling, violence, murder, terrorism or abetting crime;

(10) insults or slanders others and infringes upon their legitimate rights and interests;

(11) damages the credibility of national organs;

(12) other violations of laws, regulations, policies, and public order and morals.

2. You shall not use the Service to engage in the following activities:

(1) accessing computer information networks or using computer information network resources without permission;

(2) deleting, modifying or adding to the functions of the computer information network that you are not entitled to access without permission;

(3) deleting, modifying or adding to the data and applications stored, processed or transmitted in the computer information network that you are not entitled to access without permission;

(4) intentionally producing, spreading computer viruses and other destructive programs that interfere with normal network information services;

(5) other behaviors that endanger the security of computer information networks.

3. You undertake that any content contained in the uploads that you own or control will not infringe any intellectual property rights and any rights of third parties; if weor any third party with whom ourcooperates is subject to complaints, claims or lawsuits as a result of your infringement, you shall actively take all necessary measures to ensure that we and any third party with whom our cooperates are protected from such claims or lawsuits. You shall also be liable for any damages suffered by us and third parties with whom our cooperates as a result. The personal information involved in the information you provide will be protected in accordance with the provisions of the UGREEN Privacy Policy.
4. You agree that in the course of using the Service, you shall not have the following behaviors:

(1) interfere in any way with the normal operation of the software platform;

(2) use works, logos, logos, trademarks, etc. that we enjoys intellectual property rights without consent;

(3) obtain the registered accounts and passwords of other users through illegal or illicit means;

(4) other use of the UGREEN software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement;

(5) Other acts that damage the legitimate rights and interests of us and the image of the Company.

5. If you violate any terms of this Agreement while using UGREEN  services, or if there are reasonable grounds to believe that your actions may cause harm or legal implications for UGREEN , other users, or any third party, such actions will be deemed a breach of the Agreement.In the event of a breach, we reserve the right to take one or more of the following actions based on the nature, severity, and frequency of the breach to protect  the rights and interests of us and other users：

(1)Issue a breach warning;

(2)Requesting a written explanation;

(3)Suspending or terminating some or all services provided to you without prior notice;

(4)Freezing, restricting, or deleting your account;

(5)Requiring immediate cessation of the breach and corrective action;

(6)Filing reports with legal, administrative, and other agencies, and cooperating in any subsequent investigations;

(7)Re-verification, providing deadlines for correction, account closure, and prohibiting re-registration;

(8)Holding liable pursuant to law, and requiring you to indemnify us or any third parties against any damages incurred as a result.

(9)Any other actions deemed necessary.

6.You shall be liable for any consequences resulting from your breach of this Agreement, including without limitation UGREEN account functionality restrictions, account deletion, or infringement or any rights associated with your account.We are not obligated to restore content in accounts deleted or restricted due to penalties unless required by law or administrative orders.

 

1. Restrictions on use

1.You agree to abide by all applicable local laws when using UGREEN services, including export control and sanction laws, regulations, rules, and policies, including the US Export Control Regulations and sanctions imposed by the Office of Foreign Assets Control of the US Department of the Treasury or the European Union, as well as all other applicable national or international sanctions.

2.You covenant not to directly or indirectly export, re-export, or transmit UGREEN  information to any countries, individuals, or entities subject to applicable export controls or sanctions.You covenant not to use UGREEN for activities involving restricted technologies, such as weapons of mass destruction, missiles, or chemical or biological weapons.

3.You agree to assume sole liability and all risks, including without limitation legal action, fines, or penalties, resulting from your noncompliance with the covenants in this Agreement, including without limitation those related to export controls and compliance.UGREEN shall not be liable for such noncompliance under any circumstances.

4.We may update this section periodically, given the dynamic nature of global export control and sanctions laws.We recommend reviewing this Agreement periodically to ensure that your actions always comply with the latest compliance requirements.

 

1. Ownership and intellectual property protection
2. Except for personal information uploaded by you while using the UGREEN service, wehas exclusive ownership and rights in the visual interface, graphics, design, firmware, software, services and all elements thereof, including but not limited to all content, data, technology, software, code, user interfaces, software platform logos, and any derivative works related thereto, of UGREEN products/services. intellectual property rights ("Our Intellectual Property"). No one may use, copy or imitate Our Intellectual Property in any way, including our trademarks or product names, logos, domain names or other distinctive brand features (except as otherwise expressly provided in these terms), or indicate to any third party, expressly or impliedly, that you have the right to use, copy or imitate Our Intellectual Property without ourwritten permission.
3. All rights in any software (including, without limitation, any images, video, audio, music, text, additional programs, etc. contained in the software) created/used to provide the Service belong to us, and you may not reverse engineer, decompile or disassemble, or otherwise discover the original code of, such software without the written permission of us, and commit any alleged infringement of intellectual property rights.

 

1. Privacy Protection

1.We fully respects your private information and promises to take reasonable measures to protect your private information to the fullest extent in accordance with the UGREEN Privacy Policy published by the UGREEN software platform. Please read the Privacy Policy in detail to help you better protect your personal privacy.

2. Weattaches great importance to the protection of the personal information of minors. If you are a minor under the age of 18 (or in your jurisdiction, your age falls under the category of minors), you must sign this Agreement, use the UGREEN service and provide personal information with the consent of your guardian; if your guardian does not agree with you to do so, please immediately stop using the UGREEN service and promptly notify us; if you are the guardian of a minor and the person under your guardianship has used the UGREEN service or provided personal information without your consent, please also promptly inform us, and wewill promptly perform operations such as information deletion and account closure upon your request.
3. The content of this Agreement includes the body of this Agreement, the UGREEN Privacy Policy, which is an integral part of this agreement, and your acceptance of this agreement is deemed to be your acceptance of the UGREEN Privacy Policy.

 

VII. Changes, Interruptions and Termination of services

1. In order to better improve user experience and services, wewill provide software updates or change services from time to time (including but not limited to software modifications, upgrades, feature enhancements, development of new services, software replacements, etc.). In order to ensure the safety of the software and related services and to enhance user services, after the Software and related services are updated or part of the services are updated, where possible, wewill prompt the user by means including but not limited to system prompts, announcements, in-site letters, etc. The user has the right to choose to accept the updated version or services, if the user does not accept, some functions will be restricted or cannot continue to use.
2. Wewill do its best to provide you with consistent and secure services. However, you understand and agree that UGREEN cannot at any time foresee and protect against technical and other risks, including but not limited to force majeure, viruses, trojan horses, hacker attacks, system instability, third party service defects or various other security issues that may result in service interruption, data loss and other losses and risks.
3. We may suspend, cancel or limit your access, in whole or in part, temporarily or permanently, at any time in accordance with the law, without liability to any person or third party. We will make every effort to notify you before taking any of the foregoing actions. However, we may immediately and permanently or temporarily restrict, cancel or terminate all or part of your privileges without prior notice to you, including the cancellation of the relevant outstanding order, the termination of a contract, or the cancellation of your account, when any of the following occurs:

(1) you breach, or UGREEN has reason to believe that you are about to breach, this Agreement, including any covenants, policies or guidelines contained therein;

(2) fraudulent or illegal activity by you or anyone acting on your behalf, or providing false or misleading information to UGREEN;

(3) respond to requests from law enforcement or governmental authorities in accordance with valid legal process.

(4) to perform urgent system or hardware maintenance updates;

(5) for unforeseen technical, security or operational reasons;

(6) You repeatedly post information in the comment section or inquiry area that is not related to the goods or services sold, or repeatedly make negative comments with malicious intent, in violation of the platform's credit rating system;

(7) Seeking benefits through improper means (such as external tools, network attacks, bank card theft, etc.) or other illegal or infringing third parties' interests;

(8) Engaging in claims or resale business through account shopping (e.g., wholesale, retail);

(9) Abusive, personal attacks on sellers or customer service personnel without cause;

(10) Repeatedly rejecting goods or refusing to accept services within a short period of time for reasons other than the quality of the goods/services;

(11) you provide order information (including but not limited to name, phone number, ID number, email address, etc.) that is untrue, inaccurate or incomplete;

(12) you have other acts that affect the normal operation order of the platform or violate the law.

4. The expiration or termination of this Agreement shall not affect the provisions of this Agreement that are expressly stated to be operative or continue in force after its expiration or termination, nor shall it affect any accrued interest or obligation or any right or obligation that shall continue in force after the expiration or termination of this Agreement.
5. Any provision of this Agreement that is expressly stated to or by its nature shall survive termination of this Agreement shall remain in full force and effect after termination of this Agreement until the conditions in such provision are satisfied or by its nature shall expire.

 

VIII. Disclaimers

1. Our services (including but not limited to the website, materials, user submissions, any products or services offered on our services and all information, software, facilities, services, related communications and other content) are provided on an "as is", "as available" and provided on an "as is", "as available" and "without warranty of any kind" basis.Wemay be affected by a variety of factors in the course of providing the service, including, but not limited to, failure of the underlying communications network, technical defects, coverage limitations, force majeure, computer viruses, hacker attacks, user location, user shutdown or other events not within the technical capabilities of the service, which may result in interruption of the service, loss of content, garbled code, and other losses and risks affecting normal use. You understand and agree that we arenot responsible for the above-mentioned situations.
2. The software platform may contain products or services provided by third parties, and information and services in the relevant third-party websites or applications are provided by third parties. When you use the products or services provided by third parties in the software, you shall comply with the user agreement of the third party in addition to this Agreement. The legality, security and authenticity of the information and services in the third-party website or application are not under the control and responsibility ofusand shall be the responsibility of the operator of the third-party website or application, and you shall carefully judge the legality of the third party website or service in the application, etc. You shall negotiate with the operator of the third-party website or application to resolve the following situations:

(1) the third-party website or application acts against your interests;

(2) a dispute arises when a third-party website or application uses your cell phone number information;

(3) you suffer losses in the process of using the third-party website or application;

(4) other cases where the third-party website or application infringes on your personal interests.

3. In order to use the Service, you are required to pay for the network communication fees that may be incurred by third parties providing network access services (e.g., Internet, phone communication) and to equip yourself with all necessary devices (e.g., phone) required to use the Service. The normal costs incurred in this way are your responsibility and you should not ask usto bear them.
4. We aim to provide high-quality, stable, and secure UGREEN  Products and Services.However, due to external factors, technological complexity, and unpredictability, we cannot guarantee that UGREEN  Products and Services will never be uninterrupted or unaffected.Therefore, you should understand and agree that, to the fullest extent permitted by law, we shall not be liable for interruptions, suspensions, delays, or instabilities in services, resulting in any losses to you or third parties under the following circumstances:

(1)Force majeure events, including without limitation:

①Natural disasters, such as floods, earthquakes, hurricanes, blizzards, fires, or droughts;

②Government action, policy changes, or emergency orders;

③International or domestic conflicts, wars, terrorist attacks, or riots;

④Civil unrest events, including strikes, demonstrations, and public health crises (including epidemics);

⑤Other unforeseeable and uncontrollable events.

(2)Technical or external events, including without limitation:

①Power outages, unstable power supply, or grid faults;

②Network communication failures, delayed or lost data transmissions;

③Third party service instability, interruptions, or terminations;

④Cyberattacks such as hacking, viruses, malware, and phishing;

⑤Hardware failures, system crashes, or unavoidable software defects.

(3)To ensure the long-term and stable operation of UGREEN Cloud Products and Services, we may:

①Perform system checks, repairs, or maintenance;

②Update, upgrade, or optimize software;

③Replace, maintain, or upgrade hardware;

④Temporarily restrict certain features for security or performance reasons;

⑤Conduct data migration or backups while ensuring data security.

5. If weundergoes bankruptcy, mergers and acquisitions or other major changes, wehas the right to transfer part or all of the Service, temporarily discontinue or permanently terminate the Service according to the actual situation, without any liability to you or any third party, but UGREEN shall notify you of the relevant news through the service platform or UGREEN's website in advance as far as possible, without separately notifying users.
6. It is the joint responsibility of usand you to maintain the security and normal use of the system and software, and wewill take the necessary technical measures to protect the security of your information and data in a reasonably prudent manner in accordance with industry standards, but you and we jointly confirm that we shall not be held responsible for the following circumstances:

(1) the UGREEN service does not meet your requirements for non-routine use;

(2) disputes or losses suffered as a result of your authorization to third parties (including third-party applications) to use your account.

7. Weshall not be liable for any direct, indirect damages for loss of profits, business reputation, any loss of use, loss or interruption of business, loss of revenue content or loss or destruction of data, or other tangible or intangible losses arising out of:

(1) your infringement or violation of law;

(2) your improper use of UGREEN's products/services;

(3) damage to the device related to this product/service that is at your sole expense;

(4) unauthorized use or modification of your data;

(5) any natural disaster, such as a flood, earthquake, global pandemic or epidemic;

(6) any social event, such as war, unrest or government action;

(7) any computer virus, Trojan horse or other damage resulting from malicious programs or hacking attacks;

(8) any failure or malfunction of our software or your software, system, hardware or connection;

(9) your failure to save or back up any data or other content;

(10) any loss resulting from any content, programs or services provided by any party (other than us or our affiliates);

(11) any loss or damage that is beyond our reasonable control, unforeseen, indirect, special, consequential, exemplary or punitive. For the purposes of these Terms, loss or damage is foreseeable if it is obvious that it will occur or if, at the time of entering the contract, we and you both know that such loss or damage is likely to occur.

8. The UGREEN software service is provided to you free of charge and neither wenor its affiliates, subsidiaries, directors, agents, employees or other representatives shall be liable for any damages, including direct, indirect, special, incidental, punitive damages, arising out of the service, use or reliance on the contents of the service.
9. The total cumulative liability of us and our affiliates for all claims arising out of this Agreement or UGREEN in any event shall not exceed the higher of the following amounts: the amount paid by you for the use of UGREEN services six months prior to the date of your last claim; and, the price paid for the PowerRoam Portable Power Station.
10. Notices and Agreement Amendments

1.Agreement Amendments and Updates:

(1)Reasons and Basis for Amendments: To maintain legal compliance, respond to technological advancements, and provide superior customer service, this Agreement is regularly reviewed and may be amended as necessary.

(2)Amendments as Part of the Agreement: All amendments, updates, or supplements shall be deemed integral parts of this Agreement once issued.

(3)Notice and Review of Amendments: We will publish the latest version of this Agreement on our app and official website following any amendment.We may also use other appropriate methods, such as announcements and notifications in the app, to ensure you are aware of any amendments.Additionally, you may access and review the latest Agreement terms on the UGREEN client or our official website at any time.

(4)Recommendations on Accepting or Objecting to Amendments: your use of the UGREEN app constitutes your acknowledgment and acceptance of the amended agreement.If you disagree with any part of the amendment, you should refrain from accessing UGREEN  services and consider discontinuing use.

2.Notice Methods and Their Significance:

(1)Notice Means and Methods: We may send important messages and notices through various means, including without limitation: system notifications within UGREEN, pop-ups on specific pages, application or website announcements, site messages, email, and text messages.We will select one or more notification methods based on the nature and importance of the message.

(2)Changes in Contact Information: To ensure effective receipt of notices, please promptly update your contact information, such as email address and phone number, in UGREEN if it changes.You shall be solely liable for any consequences arising from the non-delivery or delayed delivery of any notices due to your failure to update your contact details.

(3)Significance of Notices: Notices may involve changes to your rights and obligations within UGREEN.Therefore, please ensure your contact information is current and regularly check the above notices to fully understand your rights and interests.

1. Other
2. Based on developments and changes in business, products, laws, policies, etc., we will do our best to cover and explain your rights and obligations with us, but cannot fully guarantee that the terms of this Agreement completely cover all your rights and obligations with us, or that it fully meets the needs of developments. Legal Notices of us, UGREEN Privacy Policy, Product Terms of Use, Product Manuals, Notices, Announcements, Operating Rules, Help Documents, and Warm Tips are all supplementary agreements to this Agreement, and are inseparable from and have the same legal effect as this Agreement. If you use our service, you are deemed to agree to the above supplementary agreement.
3. Should any term in this Agreement be deemed invalid due to a conflict with applicable law, it shall be interpreted and enforced in a manner as close as possible to the original purpose of this Agreement without violating such law, without affecting the remainder of the Agreement.
4. The laws of mainland China (excluding Hong Kong, Macao and Taiwan) shall apply to the conclusion, performance, interpretation and dispute resolution of this Agreement. Any dispute arising from or in connection with this Agreement shall be submitted to the Shenzhen Court of International Arbitration (the SCIA) for arbitration.
5. This Agreement constitutes the entire agreement between youand us with respect to the matters agreed herein and related matters, and does not confer any other rights on the parties hereto except as expressly provided herein.
6. If you have any questions about the content of this agreement or in the process of using UGREEN services, you can contact us through the "Technical Support" on the UGREEN software platform. You can also send an email to cntech@ugreen.comat any time, and we will answer you as soon as possible.

 

 

Other countries’ user-specific terms

United States

If you are a user in the United States, the following additional terms apply to you; in the event of any inconsistency between the following terms and the above terms, the following terms shall prevail.

If you reside (or have your principal place of business) in the United States, you and we irrevocably agree that the parties hereto irrevocably waive any and all rights to a trial by jury or to participate in a class action lawsuit in any legal proceeding arising out of or relating to these terms or the transactions under these terms.

In the event of a dispute, you and we agree to attempt to resolve it informally within the 60-day period. If you and we are unable to reach an informal resolution within the 60-day period, you and we agree to arbitrate and not to litigate in court before a judge or jury. Instead, a neutral arbitrator will render an award, and that arbitrator's award will be final. The parties agree not to pursue class actions, class arbitrations, private attorney-general actions, and any other actions acting in a representative capacity, or to permit the consolidation of individual actions without the consent of the parties. If any other provision of the arbitration clause is found to be unlawful or unenforceable, that provision will be severed, but the remaining provisions of the arbitration will still apply.

 

If you are a California resident, then (except to the extent prohibited by applicable laws) you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party”.

 

European Union

If you are a user in the European Union, the following additional terms will apply to you; in the event of any inconsistency between the following terms and the terms above, the following terms will prevail.

If any service or feature we provide causes damage to your device or digital content due to our failure to use reasonable care and skill, we will repair the damage or pay you reasonable compensation for such damage. However, we will not be liable for damages that could have been avoided if you had used the updates provided to you free of charge in accordance with our recommendations, or for damages caused by your failure to properly follow the installation instructions or our recommended minimum system requirements. If you use UGREEN or the services and features for any commercial or business purpose, we will not be liable to you for any lost profits, loss of business, business interruption or loss of business opportunity.

 

Australia

If you are a user in Australia, the following additional terms will apply to you; in the event of any inconsistency between the following terms and the above terms, the following terms will prevail.

To the maximum extent permitted by applicable law or regulation, all warranties, guarantees, representations or other terms and conditions, express or implied, relating to these terms or their subject matter, but not included in these terms, are excluded from these terms.

Nothing in these terms shall exclude, limit or modify any warranty, guarantee, term or condition, right or remedy implied or imposed by any applicable law or regulation which cannot be lawfully excluded, limited or modified.

If any applicable law or regulation implies or imposes any warranty, condition, guarantee or term that cannot be excluded ("non-excludable provision"), our liability for breach of the non-excludable provision is limited to one or more of the following, at our option.

In the case of services, the re-provisioning of services or payment for the re-provisioning of services.