EasyAcc App Terms and Conditions

Acknowledgment

These Terms set out the rights and obligations of all users regarding the use of the App. Your access to and use of the App is conditioned on your acceptance of and compliance with these Terms and with our EasyAcc App Privacy Policy, which explains how we process personal information in the App.

By downloading, accessing or using the App you agree to be bound by these Terms. If you disagree with any part of these Terms, you must not access or use the App. If you use the App on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.

Interpretation and definitions

Words with an initial capital letter have the meanings set out below. These definitions apply whether the term appears in singular or plural form.

• Account means the unique account created for you to access the App or parts of it.
• App means the software program provided by the Company and installed on your device, named EasyAcc.
• Application Store means the digital distribution service from which the App was downloaded, such as the Apple App Store or Google Play.
• Company (referred to as "the Company", "We", "Us" or "Our") refers to HIBRAND BRAND MANAGEMENT CO., LIMITED, Room 2508A, 25/F, Bank of America Tower, 12 Harcourt Road, Central, Hong Kong.
• Connected Device means a compatible EasyAcc smart device that you pair with your Account.
• Content means text, images or other information that can be posted, uploaded, linked to or otherwise made available by you through the App.
• Country refers to Hong Kong SAR, China.
• Device means any device that can access the App, such as a smartphone or tablet.
• Feedback means feedback, innovations or suggestions you send us regarding the attributes, performance or features of the App.
• Service means the App and the related cloud services, notifications, reports and firmware update services we provide through it.
• Third-party Service means any services or content provided by a third party that may be displayed, included or made available through the App.
• You means the individual accessing or using the App, or the company or other legal entity on whose behalf that individual is accessing or using the App.

Eligibility

You must be at least 13 years old, or the minimum age at which digital consent is valid where you live, to use the App. If you are under the age of majority in your jurisdiction, you may use the App only with the involvement of a parent or legal guardian who agrees to these Terms on your behalf.

The App is intended for general monitoring and control of compatible EasyAcc smart devices in ordinary indoor environments, such as viewing device readings and status, adjusting device settings and receiving the alerts you configure. It is not designed or intended for use in medical, life-support, safety-critical, industrial control or other applications where a failure or inaccuracy could result in injury, loss or significant damage.

Licence to use the App

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, for your own non-commercial use.

You may not, and may not permit anyone else to:

• copy, modify, translate, adapt or create derivative works of the App;
• reverse engineer, decompile, disassemble or attempt to derive the source code of the App, except to the extent permitted by applicable law;
• rent, lease, lend, sell, sublicense, distribute or otherwise make the App available to any third party;
• remove, alter or obscure any proprietary notices in the App;
• interfere with, disrupt, overload or attempt to gain unauthorized access to the App, our servers, networks or other users' Accounts and Connected Devices;
• use the App to develop a competing product or service, or to scrape or extract data relating to devices or accounts that are not yours;

Your Account

You may sign in using an email one-time password or with a third-party account you already have. When you create an Account, you must provide accurate, complete and current information and keep it up to date. Failure to do so is a breach of these Terms and may result in suspension or termination of your Account.

You are responsible for safeguarding the credentials and devices used to access your Account, and for all activity that occurs under your Account, whether carried out by you or by anyone else. You agree not to disclose your sign-in credentials to any third party and to notify us immediately if you become aware of any unauthorized use of or security breach affecting your Account.

Accounts are personal to you. You may not use the name of another person or entity, a name that is not lawfully available to you, or a name that infringes any third party's rights or is otherwise offensive as your account name.

Connected Devices, setup and sharing

• Pairing and setup: the App uses Bluetooth to discover and pair compatible EasyAcc devices. During setup, the Wi-Fi network name and password you enter are sent through Bluetooth to the device you select so that it can join that network. You are responsible for the accuracy of the network details you provide and for the security of your own network.
• Device compatibility and updates: features depend on the model, firmware and connectivity of your Connected Device. We may release firmware or App updates that change, add or remove features, and some features may require you to install an update. Devices that are not updated may not work correctly with the App.
• Connectivity requirements: the App requires a compatible mobile device and an internet connection. To set up and control a device you also need a compatible EasyAcc device and, for some features, Bluetooth and notification permissions. Readings, alarms, reports and remote controls may be delayed or unavailable if a Connected Device loses power or connectivity or if our cloud services are unavailable.
• Sharing: you may invite other people, such as family members, to access a Connected Device. Anyone you invite can see that device's readings, history, status and controls. You are responsible for choosing recipients carefully and for removing sharing when it is no longer wanted. Only share devices you own or are authorized to share.
• Readings and alarms: readings, status, trends, reports and alarm notifications provided by your devices are for information only. Alarm delivery depends on network availability, device status, your operating system's notification settings and the thresholds you configure. Do not rely on App alarms as the sole safeguard for property, health, plants, pets, equipment or any perishable goods.

Orders for goods and fees

The App is not a storefront for EasyAcc products. Any product purchase you make through the EasyAcc online store, including shipping, returns, refunds and warranty claims, is governed by the store's own terms, returns policy and warranty terms rather than these Terms. Where the App links to the EasyAcc online store or to third-party retailers, those sites apply their own terms and policies.

The App is currently provided free of charge and does not offer in-app purchases or subscriptions, so no payment is collected through the App. If we introduce paid features or subscriptions in the future, we will update these Terms and the App will show the price and the applicable Application Store terms before any purchase is made.

Your content

The App may allow you to submit Content, such as device names, invitee email addresses and messages sent to support. You are responsible for the Content you submit, including its legality, reliability and appropriateness.

By submitting Content you grant us the right and licence to use, host, reproduce and display that Content solely as needed to operate and provide the App, including making it available to people you invite to a Connected Device. You retain ownership of your Content and are responsible for protecting your rights in it.

You represent and warrant that you own or have the necessary rights to the Content you submit, and that submitting it does not violate the privacy, publicity, intellectual property, contractual or other rights of any person.

Acceptable use

You agree not to use the App to transmit Content, or to engage in any activity, that is unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable. Examples include:

• content that is unlawful or promotes unlawful activity;
• defamatory, discriminatory or hateful content targeting any group or individual;
• spam, unsolicited advertising, chain letters, lotteries or gambling;
• viruses, malware or any code designed to disrupt, damage or gain unauthorized access to software, hardware, networks or another person's data;
• content that infringes any party's patent, trademark, trade secret, copyright or other proprietary rights;
• impersonating any person or entity, including EasyAcc and its employees or representatives;
• violating the privacy of any third person, including sharing a device without authorization.

We may, but are not obliged to, review Content and may refuse, remove or restrict access to Content or to the App where we reasonably believe these Terms have been breached. Because we cannot control all user activity, you use the App at your own risk.

Intellectual property

The App and its original content (excluding Content provided by you), features and functionality are and remain the exclusive property of the Company and its licensors. The App is protected by copyright, trademark and other laws of Hong Kong SAR, China and other countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

We respect the intellectual property rights of others. If you believe that Content made available through the App infringes your copyright, please send a written notice with a description of the alleged infringement to support@easyacc.com, and we will review and take the action we consider appropriate. Please note that you may be held liable for damages if you knowingly misrepresent that Content is infringing.

Feedback

If you send us Feedback, you assign to us all rights, title and interest in that Feedback. If that assignment is ineffective for any reason, you agree to grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and licence to use, reproduce, disclose, sublicense, distribute, modify and exploit the Feedback without restriction. This does not give us any rights in your personal information beyond those described in our EasyAcc App Privacy Policy.

Third-party services and links

The App may contain links to third-party websites or services, and some functions of the App depend on services provided by third parties.

We have no control over, and assume no responsibility for, the content, privacy policies or practices of any third-party website or service. You acknowledge that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on such content, goods or services. We recommend that you read the terms and privacy policies of any third-party site or service you visit.

Privacy

Your use of the App is also subject to our EasyAcc App Privacy Policy, which describes what information the App processes, why, how it may be shared, how long it is retained and the choices available to you. To request deletion of your Account and associated data, use our EasyAcc App Account & Data Deletion Request page.

Termination

We may suspend or terminate your access to the App immediately, without prior notice or liability, if you materially breach these Terms, if we are required to do so by law, or if we discontinue the App or a feature in your region. We may also suspend access where we reasonably suspect fraud, abuse or a security risk to other users or to our systems.

Upon termination, your right to use the App ceases immediately. You may stop using the App and request deletion of your Account at any time. Sections that by their nature should survive termination, including intellectual property, disclaimers, limitation of liability and governing law, will continue to apply.

Disclaimer of warranties

The App is provided to you "AS IS" and "AS AVAILABLE", with all faults and defects and without warranty of any kind. To the maximum extent permitted by applicable law, we and our affiliates, licensors and service providers expressly disclaim all warranties, whether express, implied, statutory or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Without limiting the above, we make no representation or warranty that the App will meet your requirements, achieve any intended result, be compatible with any other software, device or service, operate without interruption, meet any performance or reliability standard, be free of errors, or that any error or defect will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

Limitation of liability

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms, and your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by you through the App, or USD 100 if you have not purchased anything through the App.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the App, third-party software and/or third-party hardware used with the App, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

Governing law and disputes

These Terms and your use of the App are governed by the laws of Hong Kong SAR, China, excluding its conflict of law rules. Your use of the App may also be subject to other local, national or international laws.

If you have a concern or dispute about the App, you agree to first try to resolve it informally by contacting us at support@easyacc.com before starting formal proceedings. Nothing in these Terms prevents you from bringing a claim in a court of competent jurisdiction where mandatory consumer law gives you that right.

Regional provisions

• European Union and United Kingdom consumers: if you are a consumer resident in the EU or UK, you benefit from any mandatory provisions of the law of your country of residence, and nothing in these Terms affects your statutory rights.
• United States: you represent and warrant that you are not located in a country subject to a United States government embargo or designated by the US government as a "terrorist supporting" country, and that you are not listed on any US government list of prohibited or restricted parties.
• Apple App Store: if you downloaded the App from the Apple App Store, these Terms are between you and EasyAcc only, not with Apple. Apple has no obligation to provide maintenance or support for the App, and Apple is a third-party beneficiary of these Terms with the right to enforce them against you.
• Google Play: if you downloaded the App from Google Play, your use of the App is also subject to the Google Play Terms of Service, and Google is not responsible for the App or its content.

Severability and waiver

If any provision of these Terms is held to be unenforceable or invalid, that provision will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Our failure to exercise a right or to require performance of an obligation under these Terms does not affect our ability to exercise that right or require that performance later, and a waiver of a breach is not a waiver of any subsequent breach.

Translation

These Terms may be translated and made available in languages other than English. In the event of any conflict or inconsistency between a translated version and the English version, the English text prevails.

Changes to these Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice before the new terms take effect, for example through an in-App notice or an update to this page. By continuing to access or use the App after revisions take effect, you agree to be bound by the revised Terms. If you do not agree with the new Terms, in whole or in part, please stop using the App.