Service Agreement of MakeSafe™ Platform
Welcome to MakeSafe™ Platform!
Before accepting the Agreement, you are supposed to thoroughly read all contents of the Agreement, and fully know its terms, especially restrictive clauses or exceptions. Restrictive clauses or exceptions are bold or highlighted in other forms to catch your attention. In case of any doubt for the terms of the Agreement, please contact relevant business department of MakeSafe™. You are not allowed to use the service before you have read and accepted all terms of the Agreement, relevant agreements and rules, etc. Once you select “agree and submit the Agreement” (see registration page for detailed wordings) and complete the registration procedure, or you use the service in any form, it will be deemed that you have read and agreed with the restriction of the Agreement and rules above. In case of any breach of the Agreement, Make Safe Pty Ltd has the right to unilaterally restrict, suspend or terminate the service for you, and has the right to investigate your relevant responsibilities.
- Definitions of Terms
1.1 Licensed software refers to software system developed by MakeSafe™, downloaded from the platform, and installed and applied in specified system mobile terminals.
1.2 Services refer to services provided for you by Make Safe Pty Ltd. You can use such services on the mobile terminal with the licensed software.
2.1 Make Safe Pty Ltd offers you intelligent life equipment management services, based on which you can access to the intelligent terminal, and realize interlinkage among intelligent equipment. Service contents include intelligent equipment management, scene interlinkage and analysis report, etc. Such functions may be optimized or modified according to changes of users’ demands or judgment of service supplier, and service supply may be suspended due to regular and irregular maintenance.
III. Scope of Service
3.1 Make Safe Pty Ltd grants you with the right to use the product based on this software.
3.2 You are prohibited to license, sell, lease, transfer, issue the product in any form, or use the product for other commercial purpose. 3.2 Due to limitations on software adaptation platform and terminals, you can only use the licensed software in the authorized system platform and terminal; if you install the licensed software on other terminal equipment, it may damage your hardware or software function.
3.3 You acknowledge that the licensed software can only be used for non-commercial purpose and installation, application and running of the licensed software is prohibited. If such commercial operation is necessary, prior written authorization and permission from Make Safe Pty Ltd shall be obtained.
3.4 Make Safe Pty Ltd may change, upgrade or transfer the licensed software or relevant functions from time to time, and may add new functions or services in the licensed software system. If no separate agreements are accompanied with the aforesaid new functions or services, you are entitled to the corresponding functions and services, which is also subject to the Agreement.
3.5 You shall be responsible for the accuracy, reliability, integrity and legality of input data and legality of the way in which you obtain the data and shall back up data and information from time to time. You shall bear all risks for damage and loss of such information.
3.6 You shall properly keep your account number and password. In case of any safety loophole for your account (including but not limited to divulgence of user password), you shall notify Make Safe Pty Ltd in time, and Make Safe Pty Ltd will assist you in taking relevant measures. Otherwise, all behaviours related to your account shall be assumed by you and you will bear all responsibilities. **
- A Third Party
4.1 You acknowledge that certain service of Make Safe Pty Ltd is based on software or services provided by a third party. Such service is set to facilitate your application and necessary legal authorization is obtained from the third party.
4.2 The product includes certain information and services of the third party. Make Safe Pty Ltd neither controls nor bears responsibility for information and services of the third party.
4.3 You acknowledge that Make Safe Pty Ltd cannot guarantee that the licensed software always uses or contains such services, or that other software provided by the same third party will be used in future. Likewise, it may use similar services supplied by another third party. Upon application, the aforesaid corresponding software or services are subject to this Agreement. **
- Service Application Standard
5.1 You shall use the licensed software in a normal manner. The following ways are in breach of the application standard:
1) Issue or share computer virus, worms, malicious codes, or software that deliberately damages or changes computer system or data;
2) Collect information or data of other users without authorization, for example, email address and the like;
3) Maliciously use the product in an automatic way, causing overload to the server, or interfere with or damage web server and network links in other forms.
4) Attempt to visit server data or communication data of the product without authorization;
5) Interfere with or damage the production application by other users.
5.2 You understand and agree that:
1) Make Safe Pty Ltd will determine whether or not you are involved in violation of standards above and suspend or terminate your application license according to determination results or take other restrictions according to agreements.
2) Make Safe Pty Ltd will directly delete information in breach of laws, or infringing others’ legal rights, or in breach of the Agreement issued by you when using the licensed software.
3) If a third party suffers from damage due to your breach of application standards, you shall independently bear legal responsibility in your name, and protect and indemnify Make Safe Pty Ltd from losses or additional expenses generated therefrom. Otherwise, Make Safe Pty Ltd has the right to claim compensation.
4) If Make Safe Pty Ltd suffers from any loss due to your breach of relevant laws or the Agreement, you shall compensate Make Safe Pty Ltd for losses and (or) expenses generated therefrom.
- Information Content Standard
6.1 You promise that you will not conduct any act in breach of laws or improper behaviours by using the service, such act and behaviour include (but not limited to):
6.1.1 Uploading, transferring or sharing information containing one of the following contents:
1) Opposing the basic principles determined in the relevant Country/State/Region;
2) Endangering Country/State/Region safety, disclosing state secret, subverting state power and sabotaging state unity;
3) Damaging Country/State/Region honour and benefit;
4) Inciting national hatred and discrimination and sabotaging national Country/State/Region unity;
5) Destroying religious policy of the Country/State/Region and advocating heresy and feudalistic superstition;
6) Spreading rumours, disturbing social order and destroying social stability;
7) Spreading obscenity, porn, gambling, violence, murder and terror or abetting a crime;
8) Insulting or slandering others and infringing on the legal rights and interests of others;
9) Containing contents of sham, defraudation, harm, threat, infringement to others’ privacy, harassment, infringement, slander, coarseness, indecency, or morally repulsive contents;
10) Containing other contents restricted or forbidden by Country/State/Region, regulations, rules, provisions and other legal standards.
VII. Private Policy and Data
VIII. Exception Clauses
8.1 Unless otherwise specified in laws and regulations, Make Safe Pty Ltd will do its best to ensure the security, validity, accuracy and reliability of the licensed software and technologies and information involved, but Make Safe Pty Ltd is unable to guarantee the same due to restriction by available technologies nowadays.
8.2 You understand that Make Safe Pty Ltd will not assume responsibility for direct or indirect losses caused by force majeure and default of a third party.
8.3 You shall be responsible for personnel injury or incidental or indirectly injury caused by or related to one of the following accidents: 1) A third party uses the licensed software or changes your data without permission; 2) Expenses and losses produced by using the licensed software; 3) Your misunderstanding of the licensed software; 4) Other losses related to licensed software caused by reasons not attributable to Make Safe Pty Ltd.
8.4 Any other licensed software-derived software not developed and released by Make Safe Pty Ltd or the development and release are not granted by Make Safe Pty is illegal software. Downloading, installing and using such software may cause unpredictable risks. Make Safe Pty Ltd shall be free from legal responsibilities and disputes generated therein and Make Safe Pty shall have the right to suspend or terminate application license and/or other all services.
8.5 You have been informed of that the usage of MakeSafe™ Platform involves in Internet service, which may be affected by unstable factors in all links. Although Make Safe Pty Ltd has taken safeguard measures, the service may be suspended, terminated, delayed, suffered from application restriction or application failure due to inherent defects of Internet and e-communication as well as factors beyond reasonable control of any party to the Agreement (including but not limited to fire, flood, terrorist attack, pestilence, natural disasters, riot, terminal virus, hacker attack, network fault and terminal fault). You hereby agree to bear foregoing risks and agree that Make Safe Pty Ltd is free from any responsibility when normal running of services is influenced by the occurrence of foregoing risks.
- Agreement Termination and Breach of Agreement
9.1 You should understand that you shall use the licensed software according to authorization scope, respect intellectual property of software and contents contained in the software and perform obligations according to the Agreement when using Make Safe Pty Ltd services. Make Safe Pty Ltd will terminate the application license if you are in material breach of the Agreement.
9.2 Your application of the software relies on supporting services supplied by Make Safe Pty Ltd related companies. Breach of terms, agreements, rules, annunciation and other relevant regulations of Make Safe Pty Ltd and its related companies may cause failure in normal usage of licensed software, in which case, Make Safe Pty Ltd shall be entitled to terminate the application license, or take measures to restrain your application license or other rights and interests controlled by Make Safe Pty Ltd as agreed in the Agreement, including suspension or termination of your application license.
9.3 In case of your breach of the Agreement or other agreements signed with Make Safe Pty Ltd, Make Safe Pty Ltd shall have the right to notify the related companies, requiring them to take restrictive measures to your rights and interests, including requiring related companies to suspend or terminate supplying part or whole services for you, and legally announce your breach of agreement on websites run or actually controlled by them.
9.4 The licensed software is downloaded from the downloading platform and you shall abide by stipulations of the download platform, system platform and terminal manufacture on application ways and restrictions of the licensed software. If the above mentioned third party confirms that you are in breach of the agreement and Make Safe’s Pty Ltd treatment is required, Make Safe Pty Ltd may terminate your application license at the third party’s request.
9.5 When the application license terminates, you shall stop using the licensed software and destroy all copies.
9.6 You must bear all compensation responsibilities if Make Safe Pty Ltd and other users suffer from losses caused by your breach of terms in the Agreement.
- Governing Laws and Severability
10.1 Effectiveness, explanation, change, execution and dispute settlement of the Agreement are subject to the relevant laws of the Country/State/Region. If no relevant laws and regulations are available, reference to general international business practices and (or) industrial practices shall be apply.
10.2 Dispute arising from or in connection with the Agreement may be settled by you and Make Safe Pty Ltd through friendly negotiation or submitted to and apply this Agreement according to the Laws of South Australia, excluding from such law the rules regarding choice of law and the parties submit to the exclusive jurisdiction of the Courts of South Australia.
10.3 When any term of the Agreement is judged to be invalid law the rules regarding choice of law and the parties submit to the exclusive jurisdiction of the Courts of South Australia it will not influence the effectiveness of other terms or any part thereof, and you and Make Safe Pty Ltd shall perform the valid terms in good faith.
Come into force date：2018.5
What information is collected and how do we use it?
In order to provide our services to you, we will ask you to provide necessary personal data that is required to provide those services. If you do not provide your personal data, we may not be able to provide you with our products or services.
- MakeSafe™ Account Information
Personal data that are collected while creating a MakeSafe™ Account may include PII information like your email address or mobile phone number. These information help to activate, manage and get service of Make Safe Pty Ltd. Your nickname, profile picture, country and time zone will be connected to your account so that you can visit our product and service conveniently.
- User Device Information
Your device model, operation system, unique device identifier, IP address, Make Safe Pty Ltd software version number, access type and model etc. will be collected for you can receive PUSH. And those are very necessary basic information which we have to collect from you.
- Device Information
All the smart device information will be collected so that you can control them via APP remotely.
The picture or video acquired by your camera will be collected and they are used to afford mobile monitoring and alarm service to you.
We are always here to receive your feedback or suggestion so that your problems or device failure will be solved at the first time.
- Infrared Information
Your infrared remote-control information will be collected, and it will enable you to control another infrared equipment by App.
- User scenario
While you use functions like scenario, automation and so on, we will collect your setting information which support to afford intelligent scenario service to you.
How the Personal Data is used
You can use what we collected to MakeSafe™ devices you have purchased from us.
- To provide you with our products and services, processing your orders, performing contractual obligations between you and us, to ensure the functions and safety of our products, to verify your identity, to prevent and trace fraudulent or inappropriate usage.
- To develop our products and services, together with general and statistical information.
- To communicate with you, including providing you with notifications on products and services that are updated or launched.
- To provide marketing and promotional materials to you on our products and services (please note that you may unsubscribe anytime).
- To personalise product design and to provide you with services tailored for you, for example, recommending and displaying information and advertisements regarding products suited to you, and to invite you to participate in surveys relating to your use of MakeSafe™ devices.
- To conduct investigations regarding our products and services.
- If you participate in our lottery, contest or other promotions, we may use your personal data to manage such activities.
- To provide maintenance services, monitor software licenses, to improve our products or analyse the efficiency of our operations.
Who do we share your information with?
Disclosure to Make Safe Pty Ltd affiliated companies and Third-Party Service Providers
- In order to conduct business operations smoothly, the Make Safe Pty Ltd entity which collects your personal data may disclose your personal data from time to time to other Make Safe Pty Ltd group companies (in communications, social media, technology or cloud business), or our third party service providers which are our mailing houses, delivery service providers, telecommunications companies, data centres, data storage facilities, and customer service providers, agents, related corporations, and/or other third parties (together “Third Party Service Providers”). Such Third-Party Service Providers would be processing your personal data on Make Safe’s Pty Ltd behalf or for one or more of the purposes listed above.
- Personal data will only be shared by Make Safe Pty Ltd to provide or improve our products or services and will not be shared for use for marketing purposes.
Disclosure to Others
Make Safe Pty Ltd may disclose your personal data without further consent if required or permitted by law in the following cases:
- cases in which the disclosure is required or authorized based on the applicable laws and/or regulations;
- cases in which the disclosure is necessary to respond to an emergency that threatens the life, health or safety of the individual or another individual;
- cases in which the disclosure is necessary for the prevention of crime or legal proceedings;
- cases in which the purpose of such disclosure is clearly in the individual’s interests, and if consent cannot be obtained in a timely way;
- cases in which the disclosure is necessary for any investigation or proceedings;
- cases in which the disclosure is to any officer of a prescribed law enforcement agency upon production of written authorisation signed by the head or director of that law enforcement agency, or a person of a similar rank, certifying that the personal data is necessary for the purposes of the functions or duties of the officer; and/or
- cases in which the disclosure is to a public agency and such disclosure is necessary in the public interest.
We use statistical data that does not specifically identify you (non-personal data) to help in our operations and improve our products and services and provide a better user experience for you. Here are some of the non-personal data we may collect and how we use them:
- When you create a MakeSafe™ Account, download our software, register in our e-commerce website, participate in online surveys or interact with us in other ways, we may collect your language preferences, postal code, area code number and time zone in which you use our products and services, and your profession.
- When you opt-in to participate in our User Experience Improvement Program, we may gather statistics relating to your use of our products functions, on an anonymous basis. This may include information relating to your use of our official website, products and services. If there is an abnormal shutdown or breakdown, we may collect information relating to your mobile device to diagnose the problem.
- When you use our services or functions that are based on location information, e.g. carry out a location search, take advantage of advertising, use weather functions, access information based on maps, etc., we may collect your geographical information.
- When you use the Internet browser in using our products and services, we may collect log information, e.g. IP address, browser type, language, reference source, operating system, date and time marking and click rate data. When you first use and activate your Make Safe Pty Ltd device, the device’s unique identification code and approximate geographical information may be collected.
As you like, you can delete all the following information via “Profile – Personal centre — Terminate the account”
- MakeSafe™ Account Information
- User Device Information
- Device Information
- Infrared Information
- User scenario
- Body Fat Data
If your APP version is before 3.2, you can contact us via email@example.com for help.
Information Safety Safeguards
Various preventive measures will be taken to protect your personal information from loss, theft and misuse, as well as unauthorized access, disclosure, alteration or destruction. In order to ensure the security of your personal information, our company has strict information security regulations and procedures, and has a dedicated information team to strictly implement the above measures within the company. Your information is stored on the servers in China. For security and backup purposes, we may store your information and data on the servers of other affiliated companies.
Information retention period
We will retain your information for the period necessary to achieve the purposes set out in this personal information protection policy, unless required or permitted by law to do so for a longer period.
Complaints and feedback
If you have any questions or concerns about our personal information policy or data processing, just let us know by firstname.lastname@example.org
We may revise and update this policy at any time and issue a notice on the website 30 days in advance. If you continue to use the related services of the MakeSafe™ platform on the date when the amendment update officially takes effect, you will be deemed to agree to our revision update.
Legal application and jurisdiction
This policy is formulated as a broad requirement and shall be governed by the laws of the Country/State/Region.