Issuance date: July 20, 2024
Effective date: July 20, 2024

Thank you for using CLOUDSMART APP (hereinafter referred to as “The Software”)!

Prior to using, please read carefully all rights and limitations set forth in this CLOUDSMART User Service Agreement (hereinafter referred to as “The Agreement”). The Software is software and services provided by CLOUDSMART, INC. (hereinafter referred to as “We” or “CLOUDSMART”) to be installed on, including but not limited to, mobile intelligent terminals, so as to bind, operate, use, and control other intelligent hardware products (“Intelligent Hardware Products”) for users of such intelligent terminals. The Agreement is a legal agreement concluded by and between User (you) and CLOUDSMART regarding User’s download, installation, use and reproduction of the Software.

Please read and judge whether or not you agree to the Agreement under the guidance of your guardian if you lack full capacity for civil conduct due to age, intelligence or other reasons.

Unless you accept the terms of the Agreement, you are not authorized to download, install or use the Software and related services. By installing, copying, downloading, accessing or otherwise using the Software, you will be deemed to accept the Agreement and agree to be bound by the terms hereof.

The Agreement includes the Agreement body and all business specifications, activity rules, notices and announcements published or to be published by the Software platform (collectively, “Rules”), as well as separate supplemental agreements reached by and between you and CLOUDSMART. All Rules and supplemental agreements shall be an integral part of the Agreement, with the same legal effect as the Agreement.
1. Services and Scope of Licensing
1.1 The Software mainly facilitates the use and control of Intelligent Hardware Products. Some functions may be enabled or disabled by default and you are free to set them up. CLOUDSMART will continuously enrich and optimize the functions and services. Meanwhile, due to business strategy arrangement or adjustments, the specific services of CLOUDSMART available to Users in different regions may vary, which shall be subject to the services provided by CLOUDSMART.
1.2 You may download, install and use the Software for non-commercial purpose as prompted by the Software. CLOUDSMART grants you a personal, non-transferable and non-exclusive license to use the Software to the extent and in a manner in accordance with this Agreement and CLOUDSMART’s other agreements, instructions and rules.
1.3 You can obtain the Software through CLOUDSMART’s official website or authorized third parties. If you obtain the Software or an installer with the same name from a third party not authorized by CLOUDSMART, CLOUDSMART shall neither guarantee the normal use of the Software, nor be liable for any loss incurred by you herefrom.
1.4 You understand and accept that CLOUDSMART shall only provide you with the relevant services hereunder, and that you shall be solely liable for the related equipment, network (such as personal computers, mobile phones, and other devices related to Internet or mobile Internet access) and fees (such as the telephone fee and Internet fee paid for accessing the Internet, the mobile phone communication fee and data fee paid for using the mobile network, etc.) required for your use of the Software and related services.

2. Account Registration and Usage Rules
2.1 You need to register a CLOUDSMART account for using the Software. The Software may be logged in to via a third-party account. Upon your consent, you can use the third-party account to log in to the Software by following the prompts. In this case, you agree that CLOUDSMART can obtain your login-related information.
2.2 Upon your application to register the Software, you shall submit true, accurate, legal and valid registration information and fill in the necessary information (specific requirements are subject to the requirements on the registration and login page) in accordance with the registration rules, to meet the requirements of relevant laws and regulations and to enable CLOUDSMART and relevant third parties to contact you when necessary.
2.3 You shall submit the registration materials in a timely, detailed and accurate manner, and update the registration information continuously. You shall assume full responsibility for the authenticity, accuracy, legality and validity of the information provided. CLOUDSMART shall not be responsible for any problems caused by false registration information or false account registration in the name of others. You shall be liable for compensation if you cause infringement or damage to CLOUDSMART or to any third party.
2.4 You understand and undertake that no illegal or bad information exists in your account name, profile photo, profile and other registered information, and that there is no fraudulent use, association, or unauthorized use of information regarding related organizations or celebrities, or damage to the legal rights and interests of others such as copyrights and trademark rights.
2.5 CLOUDSMART shall be entitled to review your submissions and decide whether or not to approve your application for registration. Any incomplete or inaccurate information submitted may cause a failure in registration, or unavailability or limited use of all services of the Software.
2.6 You shall be responsible for all actions under your account and CLOUDSMART shall not be liable for any loss or damage to you or any other third party arising out of your actions. You are obliged to keep your account and password properly, and please do not disclose such information to any third party. If your account or password is, or suspected to have been used by others, you may notify CLOUDSMART immediately, so as not to compromise your interests. You fully understand and agree that, you shall be solely responsible for the leakage or loss of your account password, or other losses caused due to your own fault, including but not limited to the transfer of your account, sharing with others, or disclosure of your own account, or your computer or mobile phone being infected with a virus or Trojan, and that CLOUDSMART shall not be liable for any consequences whatsoever.
2.7 You shall not donate, share, borrow, rent, transfer or sell your account. In case of any breach of this provision, CLOUDSMART shall have the right to suspend the use of the account, notify you to correct it, terminate the service, or even cancel the account as appropriate, without any legal liability, and you shall be solely liable for any adverse consequences resulting therefrom.
2.8 You may not register your account maliciously by any means, including but not limited to the purpose of making profits, speculation, cash out, etc. You may not hack other users' accounts.
2.9 You shall immediately notify CLOUDSMART of any illegal use of your account or any security vulnerabilities in your account.
2.10 If you need to cancel your account, please submit an application for cancellation and undergo the review process as stated in the CLOUDSMART announcement. However, please be aware that canceling your account does not exempt you from the responsibilities you have during your use of this software service. Once your account is canceled, unless required by local laws and regulations, all data, functions, and records under your personal account will not be recoverable. Please use the account cancellation function with caution. Additionally, you will be solely responsible for any liabilities arising from the cancellation of your account.
2.11 The ownership of your registered account for the Software shall be reserved by CLOUDSMART. Upon account approval, you shall have the right to use your account. But CLOUDSMART shall reserve the right to recall your account in accordance with legal provisions, supervision department’s requirements, and business requirements.
2.12 If your account name violates laws, regulations or CLOUDSMART’s rules on account names, CLOUDSMART shall reserve the right to suspend the use of the account, notify you to correct it, terminate service, or even cancel the account as appropriate, without any legal liability, and to report to the competent authority. You shall be liable for any adverse consequences resulting therefrom, including but not limited to communication interruption, data and content clearing, forfeiture of proceeds, etc.

3. User Instructions
3.1 To facilitate your use of the Software services, you understand and accept that CLOUDSMART may send you the notices of public copywriting, order information, promotional activities, advertising and other information in the form of email, SMS, phone call, in-site letters, pop-up messages, and push notifications in the App.
3.2 A separate agreement and relevant business rules may be provided when you use a specific service of the Software or add Intelligent Hardware Products. Please read and agree to such separate agreements before using the Software.
3.3 Minors shall use the Software under the guidance of their parents and learn to use the Software properly. CLOUDSMART values the protection of minors’ personal information. Upon completing personal information, minor users shall be keenly aware of personal information protection and be cautious, and use the Software and related services properly under the guidance of their guardians. For minor users, you understand that, if you violate laws and regulations or the content of the Agreement, you and your guardian shall bear all legal liabilities caused therefrom in accordance with laws and regulations.
3.4 Services related to the Software may include paid services or services temporarily free of charge, which shall be subject to the information published to the public. For the paid services, the User shall pay the related fees according to the rate of charges and charging mode published on the corresponding service page. CLOUDSMART shall reserve the right to charge for such services and to change the rate and mode of charging such services. CLOUDSMART shall notify Users of the change of related service from free of charge to paid service in a proper form. In this case, the User shall choose to accept or reject the paid service and warrant that, when using the paid service, he or she shall pay the fee in accordance with the relevant charge rules of CLOUDSMART. In case of refusal to pay or payment in arrears, CLOUDSMART shall have the right to terminate the service, and to recover or claim for compensation in accordance with the law.
3.5Your use of the Software and services shall comply with the laws and regulations of the applicable countries, observe public order and respect social ethics, without endangering network security, or using the Internet to perform any act that endangers national security, honor and interests, inciting to subvert state power and overthrowing the socialist system, inciting to split the country and undermine national unity, or promoting terrorism and extremism, or promoting ethnic hatred and discrimination, or spreading violence, pornographic information, or fabricating and spreading false information, disturbing economic order and social order, or infringing upon others’ reputation, privacy, intellectual property rights and other lawful rights and interests. In any case, CLOUDSMART may terminate the service at any time without prior notice provided that it reasonably believes that the User has the above behavior.
3.6You fully understand and agree that, if you use the Software and services to upload or publish views, data, texts, information, user names, pictures, photos, personal information, audio and video files, links and other information which are created by you or you are entitled to publish, you must guarantee that you own the copyright of the information you uploaded or published or are legally authorized to do so, and that your use of the Software and services does not infringe upon the legitimate rights and interests of any third party.
3.7 During the use of the Software, you must abide by the following principles:

Abide by the relevant laws and regulations of the State;
Abide by all network protocols, regulations and procedures related to network services;
Do not use the network service system for any illegal purpose;
Do not use the Software service system to perform any behavior that may adversely affect the normal operation of the Internet or mobile network;
Do not use the Software and services to upload, display or spread any false, harassing, insulting, defamatory, abusive, threatening, vulgar, obscene or any other illegal information; and
Do not infringe upon the patent rights, copyrights, trademarks, reputation rights or any other legitimate rights and interests of CLOUDSMART or any other third party.

3.8 To ensure the normal and legal operation of the Software and the good experience of Internet Users, you are not allowed to use the Software for the following activities:

To involve any sexual or sexual connotation and other vulgar and feudal superstition information;
To perform any commercial promotion, including but not limited to harassment, spam and other forms of advertising, commercial promotion, and brand promotion, without the consent of CLOUDSMART;
To include any illegal content involving the privacy, personal information or data of others;
To infringe upon others’ reputation right, portrait right, intellectual property rights, business secrets and other legal rights;
To include other contents that interfere with the normal operation of the Software or infringe upon the legitimate rights and interests of other registered users or third parties;
To submit or publish false information, or pretend or use the name of others to conduct related activities;
To fabricate facts or conceal the truth to mislead or deceive others;
To infringe upon others’ reputation right, portrait right, intellectual property rights, business secrets and other legal rights;
To access the Software using plug-ins, add-ons, or third-party tools and services without the written permission of CLOUDSMART;
To use the Software to conduct illegal or criminal activities, to produce and publish methods and tools related to the above behaviors, or to operate or disseminate such methods and tools; and
Other behaviors violating laws and regulations and provisions hereof, infringing upon the legitimate rights and interests of Internet users, or interfering with the normal operation of CLOUDSMART, or other behaviors not in line with the software specifications.

3.9 You shall abide by laws and regulations during the use of the Software and shall not use the Software to engage in illegal behaviors, including but not limited to:

Violating the basic principles established in the Constitution;
Endangering the unity, sovereignty and territorial integrity of the State;
Divulging State secrets, endangering State security or harming State honor and interests
Inciting ethnic hatred or discrimination, undermining ethnic unity, or infringing upon ethnic customs and habits;
Propagating evil cults and superstitions;
Spreading rumors, disturbing social order and undermining social stability;
Promoting obscenity, pornography, gambling, violence, or abetting a crime;
Insulting or slandering others or infringing upon the lawful rights and interests of others;
Violating social morality; and
Including other contents prohibited by laws, administrative regulations or State regulations.

3.10 You are not allowed to use or target the Software and related services for any behavior that endangers computer network security, including but not limited to:

Performing activities endangering network security, such as illegally hacking into others’ networks, interfering with the normal functions of others’ networks, or stealing network data;
Providing programs or tools specially used for hacking into the network, interfering with the normal functions and protective measures of the network, or stealing network data and other activities endangering network security;
Providing technical support, advertising promotion, payment settlement and other assistance to others who you are aware of is engaging in activities endangering network security;
Using unauthorized data or accessing servers/accounts without permission;
Accessing a public computer network or other’s computer system without permission and deleting, modifying or adding stored information;
Attempting to search, scan, or test the vulnerability of the Software system or the network, or conduct other activities that undermine the network security without permission;
Attempting to interfere with or disrupt the normal operation of the Software system or website, deliberately spread malicious programs or viruses or conduct other acts that disrupt and interfere with normal network information services;
Forging TCP/IP packet names or partial names;
Reversing engineering, disassembling, decomplying or otherwise attempting to discover the source code of the Software and related services;
Registering the account of the Software and related services for malicious purposes, including but not limited to frequent and batch registration of accounts; and
Other behaviors that violate laws and regulations, the Agreement, the relevant rules of the Company and infringe upon the legitimate rights and interests of others.

3.11 Without the written permission of CLOUDSMART, you may not conduct, or authorize, permit, or assist any third party to conduct, the following actions on the content in the Software without lawful authorization:

To copy, read and use the information in the Software for commercial purposes, including but not limited to publicity, increase of reading and page views;
To edit, sort out and arrange the information in the Software without authorization and display it in channels other than the source page of the Software;
To use any form of identification methods, including but not limited to special marks, special codes, etc., to generate traffic, reading volume guidance, transfer, hijacking and other adverse effects on the content of the Software by yourself or by assisting a third party; and
Other acts to access the content of the Software illegally.

3.12 Without the authorization of CLOUDSMART, no one is allowed to view or access any information, data, etc. related to CLOUDSMART, CLOUDSMART partners or users in the Software by using any third-party software, plug-ins, add-ons, systems, etc. Meanwhile, anyone must observe relevant protocol rules published by CLOUDSMART.
3.13 Under no circumstances shall you use any trademarks, service marks, trade names, domain names, website names, brands and other intellectual property rights and other legal rights of the Software, CLOUDSMART, and its affiliates. Without the prior written consent of CLOUDSMART, you may neither display, use, or apply for trademark registration or domain name registration of CLOUDSMART and the Software in any way, nor perform acts that express or imply the right to display, use, or other rights to process, CLOUDSMART and the Software to others. Otherwise, you shall be liable for any loss incurred by CLOUDSMART or others.
3.14 For the purpose of improving user experience, enhancing service security, and ensuring the consistency of functions, CLOUDSMART shall reserve the right to update the Software or to modify some of the functional effects. CLOUDSMART will automatically upgrade the Software once a new version is released. Older versions of the Software therefore may not work. CLOUDSMART does not guarantee the continuous availability of older versions of the Software or the provision of customer service and maintenance services for older versions. Please check and download the latest version of the Software at any time to ensure your normal use.
3.15 For the Software downloaded from an unspecified site or obtained from a media not officially issued by CLOUDSMART, no guarantee will be provided that the Software is not infected with computer viruses, disguised Trojan horses, or hacker software. The use of such software may lead to unpredictable risks. Therefore, you are advised not to download, install or use such software. CLOUDSMART will not be liable for any legal liability arising therefrom.
3.16 User Experience Improvement Program: For the purpose of improving the user experience, CLOUDSMART may conduct statistics on the use of functions (generally the number of uses of each function) of the Product as required. Analyzing the statistical data can improve the Product quality and also help to introduce new and useful security services to users. The statistics only focuses on the content of CLOUDSMART product itself, excluding the personal data of users. The statistics are performed when a page of the CLOUDSMART server is visited, the server counts the number of visits based on the number of times the page has been accessed.
3.17 Report program error log: When an unexpected error or crash occurs in the program, an error log is automatically generated. The Software may report error logs to CLOUDSMART Security Center as required to determine the cause of program errors or crashes and improve the Product quality. The Software will ask whether the User agrees to report the error log when he or she needs to do so. If the User agrees to report, the Software will report the error log to CLOUDSMART Security Center; Otherwise, the Software will not report it. The error log is the operation information recorded when CLOUDSMART program fails or crashes, which only contains the error information of the program itself, without any personal data of users.
3.18 You can uninstall the Software if you no longer need to use it or need to install a new version of the Software.
3.19 You agree that, you are obliged to notify CLOUDSMART promptly of any discovery of any content of the Software that does not comply with the provisions of law or the Agreement. Please inform CLOUDSMART in the event that your personal information has been used by others or that your copyright or other rights have been violated; meanwhile you should make a complaint according to the published complaint guidelines, and CLOUDSMART will deal with it upon receipt.

4. Third-party Functions and Services
4.1 You shall use, at your sole and prudent discretion, any third-party products or websites recommended by CLOUDSMART for a better and more secure service. For links to other websites or resources contained in the Software, CLOUDSMART shall have no right to control, review, or modify the content, privacy policies, or activities of such websites or resources. Except as expressly provided by law, CLOUDSMART, under normal circumstances, shall not be responsible for links to other websites or resources contained in the Software. CLOUDSMART recommends that you carefully read its Terms of Service and Privacy Policy before leaving the Software to visit other sites or resources.
4.2 During the provision of services by CLOUDSMART, the information release, brand promotion services or other forms of advertising may be displayed, and you hereby agree to display such advertising or commercial information of CLOUDSMART and/or third parties. However, you shall use and judge the content of any advertising at your own discretion. CLOUDSMART shall make no warranties or promises with respect to goods or services provided by third parties other than CLOUDSMART, and it shall have nothing to do with CLOUDSMART in the event of any dispute.
4.3 You understand and accept that CLOUDSMART may, on its own or by a third party authorized by you, send or display advertising or other information (both commercial and non-commercial) to you in the forms such as SMS, email or electronic message. The form, frequency and content of advertising or other information to be sent and displayed shall be subject to those actually provided by CLOUDSMART. You agree that you shall carefully judge the truthfulness and reliability of such advertising appearing in the Software, and you shall be responsible for your actions performed resulting from such advertising, except as expressly provided by law.
4.4 For the purpose of improving user experience and providing you with better services, CLOUDSMART may display information about the services of relevant third parties in the Software or provide links to third-party services. In this case, you are aware that CLOUDSMART is not involved in the operation of the services of any third party and that CLOUDSMART makes no warranties or commitments regarding such services or products. In case of any dispute, it shall have nothing to do with CLOUDSMART, and you may contact the third-party service provider directly to resolve the dispute through negotiation.
4.5 When using products or services provided by a third party during the operation of the Software, you shall abide by the User Agreement of the third party in addition to the provisions hereof. CLOUDSMART and the third party shall be responsible for any possible disputes to the extent prescribed and agreed by law.

5. Personal Information Protection Policy
5.1 When using the Software services, you may need to fill in some necessary information or the Software may obtain some necessary information. You acknowledge and agree that CLOUDSMART may keep your necessary information to implement the features and services of the Software, and may send you information relating to such features and services. However, CLOUDSMART shall warrant that the Software does not contain any malicious code to destroy your data and obtain your private information, nor does it contain any functional code to control or monitor you, nor will the Software transfer or disclose your personal information to any third party, unless:

Relevant laws and regulations or judicial and administrative authorities require doing so;
Such transfer is for the purpose of merger, division, acquisition, asset transfer or business change;
Such transfer is necessary to provide the service you requested; or
Lawfully transferable or disclosable to any third party with your permission or pursuant to other applicable agreement rules.

5.2 You may refer to the separate "Personal Information Protection Policy" published by the Software for specific personal information protection policies

6. Declarations
6.1 The Software and any other software used by CLOUDSMART to provide services, and all information relating to the Software, including but not limited to, words and their combination, ICONS, graphic decoration, images, graphs, color, interface design, layout, framework and relevant data, additional programs, printed materials or electronic documents and other related intellectual property rights, are owned by the corresponding copyright owners and protected by copyright law, international copyright treaties and other intellectual property laws and regulations.
6.2 The content contained in the Software and services that are not provided by you are protected by relevant international copyright conventions and other relevant conventions, as well as the copyright law, trademark law, patent law and other relevant laws and regulations of applicable countries. Without the consent of CLOUDSMART or the relevant rights owners, you may not use such content for any commercial and non-commercial purposes; otherwise you will assume relevant legal liabilities.
6.3 You shall use the Software in compliance with laws, regulations and the Agreement. You are not entitled to perform any of the following actions, including but not limited to:

To delete or change all electronic information regarding rights management on the Software;
To deliberately avoid or destroy the technical measures taken by copyright owners to protect the Software copyright;
To use the Software to mislead or deceive others, or engage in illegal or criminal activities;
To delete, modify functions of, or add functions to, or interfere with the functions of the Software in violation of laws, regulations and national regulations, causing the Software system to fail to operate normally;
To delete, modify functions of, or add functions to the Software without permission;
To delete, modify or add data and applications stored, processed or transmitted in the Software without permission;
To disrupt the normal operation of the Software system or website, or to deliberately spread computer viruses and other destructive programs; and
Any other actions in violations of laws and regulations such as endangering computer information network security.

6.4 Reverse engineering, decompilation and disassembly are prohibited: You may not reverse engineer, decompile or disassemble the Software or modify any resources compiled within the program files. Unless such activities are expressly permitted by laws and regulations, you must abide by the restrictions hereof.
6.5 Component segmentation: The Software is licensed for use as a single product. You may not use each part (including but not limited to all software, electronic documents, copyrights, trademarks, the Agreement and any representations relating to the Software) separately for any purpose.
6.6 Individual authorizations: Without the prior written consent and written authorization and permission of CLOUDSMART, you may not make any commercial sale, reproduction, distribution, including, but not limited to, sale, preinstallation, and bundling of the Software.
6.7 Reserved rights: All other rights not expressly authorized by the Agreement shall remain the property of CLOUDSMART, and you must use such rights with the written consent of CLOUDSMART.

7. Disclaimer and Limitation of Liability
7.1 You acknowledge that you are aware of all the functions of the Software and the necessary operations to implement the functions of the Software, and that you voluntarily choose to use the Software and related services based on your own requirements, and that the risks and consequences in connection with the use of the Software and related services are entirely borne by you and CLOUDSMART shall not be liable for any of such risks and consequences.
7.2 The Software will provide services to the extent enabled by the technologies available and the existing conditions. CLOUDSMART shall give its best to ensure the consistency and security of the services. However, CLOUDSMART cannot foresee and prevent legal, technical and other risks at any time, and CLOUDSMART shall be exempted from such risks to the extent permitted by law, including but not limited to possible service interruption, data loss, and other losses and risks caused by force majeure, viruses, Trojan horses, hacking attacks, system instability, third-party service defects, government actions and other reasons.
7.3 CLOUDSMART shall not guarantee that the services will meet your requirements, or guarantee the timeliness, security, or accuracy of the services. You shall use your own judgments on the illegal, unethical, erroneous or other inappropriate information to which you may access, and the misclassified or deceptive information posted. Under any circumstances, with respect to any information, including but not limited to any errors or omissions thereof, CLOUDSMART shall not be liable in any way for any loss or damage arising from or as a result of the use of information published, privately communicated, communicated or otherwise disseminated through the Software or elsewhere.
7.4 CLOUDSMART shall be responsible for providing you with this Software services. Unless otherwise agreed, CLOUDSMART makes no warranties, express or implied, regarding the Software services, including but not limited to the applicability, no errors/omissions, continuity, accuracy, reliability and fitness for a particular purpose. In addition, CLOUDSMART makes no promises or warranties regarding the validity, accuracy, correctness, reliability, stability, completeness or timeliness of the technology and information involved in the Software services.
7.5 CLOUDSMART does not guarantee the accuracy, validity and integrity of external links, or the opening of linked addresses, the successful access to linked pages and content, etc. Furthermore, CLOUDSMART assumes no responsibility for the content of any web pages, software, players or resources to which such external links redirect to that are not under CLOUDSMART’s control.
7.6 Even though the Software has been tested in every aspect, it is not guaranteed to be completely compatible with all software and hardware systems, or completely error-free. In case of incompatibilities and Software errors, you can contact CLOUDSMART for support. If such compatibility problems failed to be resolved, you can uninstall and delete the Software.
7.7 When you use the Software or request CLOUDSMART to provide specific services, the Software may call third-party systems to support your use or access, the results of which shall be provided by such third parties. Therefore, CLOUDSMART does not warrant the safety, accuracy, validity or other uncertain risks of the results obtained with the support of the third-party systems, and any dispute or damage arising therefrom shall have nothing to do with CLOUDSMART, and CLOUDSMART shall not be held responsible for it.
7.8 You understand and agree that your use of the Software services may be affected by force majeure and other risk factors. Force majeure refers to unforeseeable, insuperable and unavoidable objective events that have a major impact on either party or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics and storms, or social events such as wars, social turmoil and government actions. Considering the special nature of the Internet, the force majeure also includes the following situations affecting the normal operation of the Internet: hacker attacks; the major impact from technical adjustments by the telecommunications sector; temporary closure caused by government control; virus invasion, etc. In the event of such a situation, CLOUDSMART will endeavor to cooperate with the relevant authorities as soon as possible to deal with it in a timely manner. However, CLOUDSMART shall not be liable for any loss caused to you.
7.9 You understand and agree that you may encounter risks arising from network information or other users’ actions when you use the Software, and that CLOUDSMART shall not be liable for the authenticity, applicability, legality of any such information, nor for damages caused to you by infringement. These risks include but are not limited to:

Information containing threatening, defamatory, objectionable, or illegal content from an anonymous person or the one taking a false name;
Any psychological or physical injury or economic loss resulting from or likely to result from being misled, deceived or otherwise by others; and
Other risks resulting from network information or user behaviors.
- To the extent permitted by law, CLOUDSMART shall not be liable for any interruption or disruption of services caused by:

Damages by computer viruses, Trojan horse or other malicious programs or hacker attack due to telecommunication system or Internet network failure, mobile phone failure or virus, information damage or loss, or mobile phone system problem;
Failure of software, systems, hardware, and communication lines on your or CLOUDSMART’s computer;
Your improper operation or your unauthorized use of the Software by CLOUDSMART;
Outdated versions of program, aging of equipment and/or compatibility problems; and
Other circumstances out of the CLOUDSMART’s control or reasonably foreseen.

7.10 CLOUDSMART shall not be responsible for any failure to delete or store your data in the Software. Therefore, please back up your information when you publish it. CLOUDSMART shall have the right to determine the maximum storage period of your uploaded content data in the Software and allocate the maximum storage space on the server as needed. You shall back up the relevant data in the Software according to your own needs.
7.11 CLOUDSMART is not responsible for the deletion or storage failure of your relevant data in this software. Please make sure to back up the information content when posting. CLOUDSMART has the right to store relevant data according to the actual requirements of laws, regulations, policies, etc. in your country or region, and store relevant data according to the required methods, deadlines, etc. You can decide the longest storage period for the content data you upload in this software and allocate the maximum storage space for it on the server. You need to back up the relevant data in this software according to your own needs.

8. Liquidated Damages
8.1 In case that you breach the provisions hereof or CLOUDSMART discovers an anomaly during your use of the services, CLOUDSMART shall have the right to take actions, including but not limited to, discontinuing the license, terminating the services, restricting the use, and taking legal actions. Furthermore, if you violate laws, regulations, the Agreement and/or other agreements and rules of CLOUDSMART, you shall be liable for any temporary or permanent failure to use the Software services or any loss to you as a result of any action or measure against you or your use of the Software services.
8.2 CLOUDSMART shall not be liable for any indirect, consequential, punitive, incidental, special or penal damage, or for any damages or risks arising out of the use or inability to use the Software, including but not limited to, direct or indirect personal damages, loss of business profits, interruption of trade, loss of business information or any other economic losses.
8.3 You understand and agree that If CLOUDSMART discovers by itself or based on the information from relevant departments or complaints from the right owner, that you may have violated the legitimate rights and interests of others, CLOUDSMART shall have the right to make an independent judgment on your infringement upon the lawful rights and interests of others. If CLOUDSMART judges that you have violated the legitimate rights and interests of others, CLOUDSMART shall have the right to unilaterally take one or more of the following measures at any time:

To request you to immediately replace or modify related content that infringes upon the legitimate rights and interests of others, provided that such modification does not affect CLOUDSMART’s right to take any other measures;
To take measures such as closing the entry for new users and restricting the login by old users for the products that infringe upon the legitimate rights and interests of others or all online products;
To held you liable;
To make public your conduct and provide your valid information to the competent authority or the right owner;
To prohibit you from accessing any future services of the Software; and
Other measures that CLOUDSMART considers appropriate.

9. Applicable Law and Dispute Resolution
9.1The validity and interpretation of the Agreement shall be governed by the laws of the People’s Republic of China. In the absence of relevant provisions of laws, international business practices and/or business practices may be used as references.
9.2Any dispute arising from or in connection with the Agreement shall be settled by both parties through friendly negotiation. If negotiation fails, the dispute shall be submitted to the court with jurisdiction in the place where the Agreement is signed (i.e. Chaoyang District, Beijing) for settlement through litigation.

10. Notification
10.1 All notices to you by CLOUDSMART hereunder may be sent by notice on the Site, email, SMS or regular letter transmission. Such notice shall be deemed to have been served to you on the date of sending.
10.2With respect to any disputes arising from your behavior on the Software, you agree that CLOUDSMART and judicial authorities may serve complaints and legal documents (including but not limited to litigation documents) to you by modern communication methods such as SMS, email or mail. The mobile phone number and email account which you specify to receive such legal documents shall be the mobile phone number and email account provided by you for account registration or information update on the Software. Complaint and legal documents sent by judicial authorities to the above contact information shall be deemed as served to you. Your designated mailing address shall be your legal contact address or the valid contact address provided by you.
10.3You agree that judicial authorities may serve the legal documents to you by taking one or more of the above-mentioned service methods in line with the provisions of the Procedure Law. In case the judicial authorities serve legal documents to you via various methods, the time of service shall be whichever is served first.
10.4You must ensure that the contact information provided is accurate, valid and updated in real time. If such legal documents cannot be served or not served in time due to incorrect contact information provided or your failure to inform about the changed contact information in time, you shall bear the possible legal consequences herefrom.

11. Miscellaneous
11.1If any provision hereof is held to be invalid or unenforceable in whole or in part for any reason whatsoever, or violates any applicable law, such provision shall be deemed to be deleted, provided that the remaining provisions of the Agreement shall remain valid and binding.
11.2CLOUDSMART shall have the right to amend the Agreement from time to time as per the changes in applicable laws and regulations, and adjustments to the company’s business conditions and business strategies. The amended Agreement shall be published in a timely manner and attached to the new version of the Software. Any dispute shall be subject to the latest version of the Agreement. If you disagree with the amendments, you may uninstall or delete the Software by yourself. If you continue to use the Software, you shall be deemed to have accepted the changes to the Agreement.
11.3CLOUDSMART shall be entitled to assign all rights and obligations hereunder to Affiliates without your prior consent. In this case, CLOUDSMART shall give you notice by announcement or other appropriate means.

CLOUDSMART, INC.