End User Agreement

This End User Agreement (the “Agreement”), which includes our Privacy Policy in http://coolpad.us/privacy-policy-for-kids-watch/, is entered into between you, the end-user (or “User”), and Coolpad Technologies, Inc., a Delaware Corporation (“Coolpad”), with respect to our Coolpad Dyno watch (the “Watch”) and mobile application (the “Application”), and related services (altogether the “Services”).

Please read this Agreement fully and carefully, including the sections on Liability For Our Services (Section 5), Disclaimer of Warranty (Section 6), and Dispute Resolution – Mandatory Arbitration (Section 7), in addition to our Privacy Policy, before you choose to accept or not to accept this Agreement.  If you are a minor, you must read this Agreement accompanied by your legal guardian, and your legal guardian must agree to this Agreement as well by providing their verifiable consent through a separate onboarding process.  You should not be using the Services if you are a minor and are not supervised by a legal guardian.  We also reserve the right to revoke these services wherever the parents’ verifiable consent cannot be confirmed, or consent has been withdrawn.

Please read and follow the onboarding process, which can be found in http://coolpad.us/onboarding-process-for-kids-watch/, for the purpose of providing your consent before you use the Services. You understand that when you activate the Watch, you are required to register it with the Application installed on your wireless devices, or the Watch cannot be used and shall remain on the default “QR Code” interfaces. You must click the “End User Agreement” at the bottom of the Application upon registering and read the Agreement fully and carefully, and then check the “I have read and agreed to the End User Agreement” checkbox before you can successfully login to the Application to finish the registration and activation.

You understand and agree that our Services are based on technical support from your and your child’s mobile carrier.  Our Services are provided pursuant to your agreements with your carrier. You understand and agree that we are not responsible for the actions of your carrier.  You agree to carefully review the terms and conditions of your carrier, as a condition for your use of the Services.

At any time, Coolpad may suspend or stop providing our Service to you if you do not comply with the terms and conditions of this Agreement, including our Privacy Policy.  By your registration, login, or usage of the Services, you acknowledge that you have read and understand, and agree to accept and be bound, by the terms and conditions of this Agreement.  By your continued use of our Services, you agree to accept and will be bound by any and all of the modified terms of this Agreement.

  1. Terms of Usage of Our Services
  2. User Content
  3. Rights and Obligations
  4. Third Party
  5. Liability for our Services
  6. Disclaimer of Warranty
  7. Dispute Resolution—Mandatory Arbitration
  8. Intellectual Property
  9. Modification and Termination
  10. Miscellaneous
  11. Contact Us
  12. Terms of Usage of Our Services
    • When activating your Coolpad Dyno and/or using the Application, you may be required to provide some personal information in order to use and enjoy our Services. You hereby commit and undertake the following:
  • You agree that you are over 18-years of age, or if you are a minor, that you fully reviewed these terms and conditions with your legal guardian, and that your legal guardian is over 18-years of age.
  • You agree to provide only accurate and truthful information.
  • You agree to take full responsibility for the results of any inaccurate, illegal, or invalid information that you provide.
  • You shall not post any information in the name of others, or purporting to be another person.
  • You shall use the Services in accordance with all applicable laws and take all responsibility for activities, including your statements and any loss or damage that may directly or indirectly arise.
  • You agree to continue taking good care of the registration information on the Services, including that they continue to be up-to-date, accurate, valid, and truthful.
  • You agree to immediately notify Coolpad if you find any illegal or unauthorized activities.
  • Coolpad will not be liable for damages, losses, or claims arising from a user’s non-compliance with any of the provision(s) above.
    • You shall also understand and hereby acknowledge the following:
  • The user accepts that, due to business development, Coolpad may change, suspend, restrict, terminate or revoke the rights of our Services at any time without notice.
  • We have the right to suspend, at our sole discretion or determination, any content: that violates the laws and regulations in any jurisdiction or the terms of this Agreement; that infringes, prejudices, threatens any right or safety; or that impersonates others.
  • We also retain the right to take proper legal actions, including but not limited to removing any illegal or infringing content, suspending the qualification and reporting to relevant authorities based on the applicable laws and regulations.
  • Some of our Services have to be used with other networks, including but not limited to the application market. You agree to bear all the related communications fees or fees from any third party service providers. We advise that you contact your providers for related fees if there are fee-based or value-added services involved in your activities.
  1. User Content
    • User Content refers to all the content (your information, picture, music or others) resulting from downloads, releases or other activities through our Services. You are solely responsible for such content, and bear the result from any disclosure of such User Content.
    • Once you upload, release or engage in activities through our Services, you automatically grant to Coolpad an irrevocable, non-exclusive, sub-licensable, transferrable and royalty-free global license to:
  • Develop and create new Coolpad products and services through our review, assessment, and use of your User Content.
  • Use your User Content in ways that do not personally identify you or any minors, consistent with our Privacy Policy in http://coolpad.us/privacy-policy-for-kids-watch/.
  1. Rights and Obligations
    • You only have the right to use our Service legally.
    • You have a revocable, non-exclusive, non-sublicensable, non-transferrable and limited license to right to upload, download, install, and use our Services on mobile communication devices or tablets.
    • You agree not to provide any information you regard as private and proprietary to Coolpad.
    • You have the right to review, change, and delete your and your child’s personal information, registered information, and any content posted. Please note that data or User Content saved in our servers might also be deleted when you remove related information.
    • You have the right to revoke our ability to use your information, and the information of any minors for who you are a legal guardian.
    • We reserve the rights (not obligations) to examine your content on our judgment. We have the right to delete or remove your content at any time without any reason.
    • You are responsible for the safety and integrity of your account information and password, and agree to be legally responsible for all activities under your registered accounts. You agree not to use the passwords and accounts of others under any circumstances. You agree to immediately notify Coolpad if you suspect others using your password or account.
    • Rights Limitation and Restrictions
  • You shall not sell, lease, transfer, release or make other commercial use of the content from our Services (including but not limited to the content or the advertisements or sponsored content).
  • You shall not use our Services to establish similar or competitive services.
  • Unless expressly prescribed by laws, you shall not copy, publish, download, change, translate, merge, decompose, scrape, paste or decompile any part of the Services (including but not limited to the content or the advertisement or sponsored content) in any manner.
  • You agree to bear all of the risks and take sole and full legal liability for anyone alleging that you were engaged in the following activities while using the Services: opposing the basic principles determined by any applicable laws or regulations; endangering national security, leaking state secrets, subverting the government, and undermining nation unity; harming national honor and interests; inciting ethnic hatred or ethnic discrimination, and undermining national unity; undermining national religious policy, promoting cults and superstitious; spreading rumor, disturbing social order; undermining social stability; spreading obscenity, pornography, gambling, violence, murder, terrorism or instigating others to commit crimes; insulting or slandering others, infringing upon the legal rights and interests of others; all other content prohibited by the administrative regulations and laws.
  • You shall not use Coolpad Services to engage in any behavior or activity stated below: upload or release virus, worm, and malware to damage or change computer system or data; collect the information or data of other users, such as email address, without authorization; interrupt or undermine other users’ normal use of our Services.
  1. Third Party
    • You understand and agree that Coolpad is not responsible for the services provided to you by third parties, such as our Partners, including their ability to provide you satisfactory services and competent technical support. Before you use any of our Services that may depend on services provided by our Partners, you agree to review their terms and conditions carefully.
    • When you visit the websites and advertisement of a third party, the third party’s terms and policy applies. You bear all risks and legal responsibility when you use third party’s services.
    • Coolpad Services include content provided by other users. Coolpad does not control such User Content, bear legal liability, or own the obligations to check, monitor, examine and approve such User Content. You thus bear legal liability for the risks of such interaction.
    • You authorize Coolpad to share your and your child’s personal information with third-party vendors dedicated to facilitating the Services on behalf of Coolpad. A list and explanation of these vendors can be found in https://coolpad.us/. Coolpad has obtained contractual assurances from these vendors that they would not be use the personal information other than to facilitate the Services, in a manner consistent with this End User Agreement and Privacy Policy, and that the vendors will destroy your and your child’s personal information upon termination of Coolpad’s relationship with the vendor.
  2. Liability For Our Services
    • You agree to use the Services harmlessly and help Coolpad to avoid bearing any lawsuit, complaint, loss, damage, responsibility, cost and fees (including but not limited to counsel fees) from any third party caused by the use of the Services, your user content, or your violation of this Agreement.
    • Use Content refers to all the content (your information, picture, music or others) resulting from downloads, release or other activities through Coolpad Services. You are solely responsible for such content, and bear all risks that result from your disclosure of such User Content.
    • You will not unilaterally reconcile when you and Coolpad jointly file a lawsuit against any third party without written consent from Coolpad.
    • Coolpad will reasonably notify you such lawsuit or action at law.
    • Under no circumstances will Coolpad bear any indirect, consequential, exemplary, incidental, exceptional or punitive compensation liability resulting from this Agreement.
  3. Disclaimer of Warranty
    • THE SERVICE, INCLUDING ALL INFORMATION AND CONTENT ON, OR OTHERWISE RELATED IN ANY WAY TO, THE SERVICE, INCLUDING ANY THIRD-PARTY SERVICE, PRODUCT, OR WEBSITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, AND NONINFRINGEMENT. IN ADDITION, COOLPAD DOES NOT WARRANT AGAINST DEFECTS IN ANY VEHICLE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY FOR THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COOLPAD OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY, EXPRESS OR IMPLIED.
    • IN NO EVENT SHALL COOLPAD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES OR ANY THIRD-PARTY SERVICE, PRODUCT, OR WEBSITE, OR ANY VEHICLE REFERENCED THEREIN.
    • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE EXCLUSIONS OF SECTIONS 6.1 AND 6.2 MAY NOT APPLY TO YOU.
    • BY USING THE SERVICES, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COOLPAD, ITS AFFILIATES, ITS SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF THE SERVICES. YOUR INDEMNITY SHALL INCLUDE THE PAYMENT OF ALL EXPENSES, INCLUDING ATTORNEYS’ FEES, ASSOCIATED WITH THE DEFENSE. IN THE EVENT THAT ANY CLAIMS OR DISPUTES ARISE OUT OF SUCH A TRANSACTION, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE AND NOT THE RELEASED PARTIES, AND THAT YOU SHALL RELEASE THE RELEASED PARTIES.
  4. Dispute Resolution – Mandatory Arbitration

Please read this provision of the Agreement carefully.

You have the right to reject the Mandatory Arbitration terms as set forth in this Section (Dispute Resolution – Mandatory Arbitration).  If you reject, your use of the Services will no longer be subject to an arbitration provision.  You can reject arbitration by contacting Coolpad (as provided below), and stating that you would like to reject the arbitration provision.  To be effective, your e-mail must be sent within thirty (30) days of your use of the Service.  We will not reject your participation in the Service if you reject this arbitration provision. You do not have the right to reject any other provisions in these Terms, other than this arbitration provision.

This section provides that disputes between you and us may be resolved by binding arbitration.  Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. This section is governed by the Federal Arbitration Act (FAA), and shall be interpreted in the broadest way the law will allow.

  • Covered Claims

You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to your use of the Service or these Terms (“Claims”). If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim.

Except as set forth below, all Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present, or future conduct; and Claims made independently or with other Claims. This also includes Claims made by or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as an agent, representative or an affiliated/parent/subsidiary company.

  • Arbitration Limits

Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter remains in small claims court.

If you assert a Claim against us related to the Service, we can choose to arbitrate. You may arbitrate on an individual basis Claims brought against you.

Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any Claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of two (2) or more persons may not be combined in the same arbitration.

  • Administration

The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures before a single neutral arbitrator. For a copy of JAMS procedures, to file a Claim or for other information, contact JAMS by calling 1-800-352-5276 or by visiting www.jamsadr.com. A copy of the current JAMS rules is available from the JAMS website at www.jamsadr.com/rules-comprehensive-arbitration/. Any award by an arbitrator shall be binding and final. Judgment on the award may be entered in any court having jurisdiction.

  • Paying For Arbitration Fees

The arbitrator may determine how the costs and expenses of the arbitration will be allocated between the parties, and may award attorneys’ fees.

  1. Intellectual Property
    • All text, picture, image, audio and/or video information contained in the Services provided by Coolpad shall be protected by copyright, trademark and/or other property ownership laws. The above-mentioned information shall not be used for any commercial purposes without the consent of Coolpad or the owners of the intellectual property.
    • All information used in the Services provided by Coolpad including but not limited to any image, picture, animation, video, audio, music, words and additional procedures, as well as attached help information contained in software belong to the corresponding software copyright owner. Without the permission of the copyright owner, you may not copy, reverse engineer, decompile or disassemble the software.
    • Graphics, words and composition involved in our Services and Coolpad logos, product and service name are the trademarks of Coolpad. Without the prior written consent, you cannot display or use them in other manners in any way. By no means can any entity or individual use, copy, change, spread, transcribe any part of the trademark or sell with other products.

8.4. DMCA Takedown Notice.  If you believe that someone has made your copyrighted work available in the Services without your permission, you may notify us in writing.  Pursuant to the Digital Millennium Copyright Act, such notice must include the following:

  1. An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work you claim has been infringed;
  3. A description of the material you claim is infringing and where it is located in the Services;
  4. Your contact information, such as your telephone number and email address;
  5. A statement that you have a good faith belief that use of the complained of material in the Services is not authorized by the copyright owner, the owner’s agent, or the law; and
  6. A statement, made under penalty of perjury, that the information you provide is accurate and that you are or are authorized to act on behalf of the copyright owner.

Submit your notice to Coolpad by email to support@coolpad.com or by mail to ATTN: Coolpad DMCA Agent, legal.us@coolpad.com.

  1. Modification and Termination
    • Modification
  • We may change or modify terms of this Agreement at any time, and will notify you through your email address of record, or through notification via the Services. Your use of the Services after modifications to the terms indicate that you agree to such changes.
  • Coolpad reserves the right to modify, keep and suspend the Services without notification from time to time.
  • You agree that Coolpad will not take any responsibility for changing, reserving or suspending Services.
  • Any future version, update or other changes of the Services shall be bound by this Agreement.
    • Termination
  • This Agreement becomes valid and stays valid during your use of our Services, until the termination according to this Agreement.
  • We may terminate this Agreement at any time for any reason without notice, if we believe that you violated our acceptable policies or other terms of this Agreement.
  • Not subject to the preceding provisions, Coolpad reserves the right to terminate this Agreement if the user infringe the copyright of the third party and receive the notice from the owner or legal representative of the owner.
  • Once this Agreement terminated, your right to use the Service will also be terminated. You shall understand this means your User Content will be removed from our database and deleted, unless you request access to your information prior to destruction. Coolpad will not take any responsibility for terminating this Agreement, including terminating your user account and removing your User Content.
  • Upon the termination of this Agreement, the provisions of Sections 4, 5, 6, 7, and 8 shall survive and continue to apply.

 

  1. Miscellaneous
    • Privacy Policy. Please review our Privacy Policy in http://coolpad.us/privacy-policy-for-kids-watch/, which is indivisible from and a material part of this Agreement.
    • You must provide the latest, most used and valid email address. Coolpad will not take any responsibility if we are unable to reach you through the email address you provide.
    • Applicable Law
  • This Agreement is effective on October 1st, 2017. This Agreement shall be governed and interpreted according to the laws of the State of California, USA.
    • If any of the provisions of this Agreement cannot be enforced, the other provisions shall remain applicable.
    • Integrality
  • This Agreement (including the Privacy Policy) is the exclusive agreement between you and Coolpad, in relation to any matter relating to Coolpad Services, which supersedes and combines all the previous negotiations and agreements regarding to such matters.
  • The title of each paragraph is written only for the convenience of reading and does not have any legal or contractual obligations.
  • Without written consent from Coolpad, you cannot transfer, assign, or sell the rights and obligations stated in this Agreement. Any activity violating this provision is invalid.
  1. Contact Us

The copyright of this Agreement (including the Privacy Policy) belongs to Coolpad. If you have any questions, comments, or suggestions, including how to access, review, modify, or delete your or your child’s personal information collected, or for you to revoke our ability to collect personal information, please feel free to contact us by:

  • Calling our customer service hotline at: 1-877 606 5753
  • Email us at: support@coolpad.com
  • Or writing or visiting us at: 10188 Telesis Court, Suite 550, San Diego, CA 92121