Updated: January 12, 2024
Effective Date: January 12, 2024
(Including Software License Agreement and Service Agreement)
“Unix Fitz” respectfully requests that the User carefully read and fully understand the Software License and Service Agreement (this "Agreement"). Users should read and fully understand the terms of this Agreement, in particular, the provisions regarding waiver or limited liability, dispute resolution and applicable law. Please read carefully the provisions on the waiver or limited liability in bold. Please read carefully and choose to accept or not accept this Agreement (minors should be accompanied by their legal guardians when reading this Agreement). By downloading, installing, and using the Software, and by obtaining and logging into your account, you agree to accept this Agreement and be bound by its terms.
“Unix Fitz” reserves the right to modify this Agreement. Any updates to the terms of this Agreement will be posted on the website, app store, or software and will be effective from the date of posting. Please download and install the Software on any major app stores again or review the latest version of this Agreement. If you do not accept the revised terms of this Agreement, please stop using the "“Unix Fitz”" software and services provided by “Unix Fitz” immediately following the revision of the terms of this Agreement by “Unix Fitz”; Users who continue to use the "“Unix Fitz”" software and services will be deemed to have accepted the revised terms of this Agreement.
1.1. This Agreement is an agreement made by and between you (hereinafter referred to as the "User") and “Unix Fitz” and its operating partners (hereinafter referred to as the "Partners") with respect to the User's download, installation and use of the “Unix Fitz” software "“Unix Fitz”" (hereinafter referred to as the "Software") and use of “Unix Fitz” related services.
1.2. The Software and Services are provided by “Unix Fitz” and are installed on (including but not limited to) mobile smart devices for use in synchronizing data collected by “Unix Fitz” products and tracking movement information.
1.3 The ownership and operation rights of the Software and Services shall remain with “Unix Fitz”.
2.1. “Unix Fitz” grants the User a personal, non-transferable, non-exclusive license to use the Software, but the User has no right to sublicense the Software.
2.2. The User may install, use, display and execute the Software on a single mobile terminal device for non-commercial use. However, the User may not install, use or execute the Software for commercial operation. The User may not copy, alter or modify any data of the Software, or any data sent to the memory of any terminal device during the execution of the Software, or the interaction data between the client and the server during the execution of the Software, or use plug-ins to execute the Software, or create any derivative work in any form (including but not limited to plug-ins), or access the Software and related systems through unauthorized third-party tools/services. If you need to sell, copy or distribute the Software for commercial purposes, such as pre-installation of the Software and bundled sales, you must obtain written authorization and permission from “Unix Fitz”.
2.3. The User may not install the Software on other terminal devices not expressly permitted by “Unix Fitz”, including, but not limited to, set-top boxes, game consoles, televisions, DVD players, etc., without “Unix Fitz”'s permission.
2.4. The User may store copies of the Software for the purpose of using the Software and Services, but only for backup purposes. The backup copy must contain all copyrighted data of the original Software.
2.5. “Unix Fitz” grants no other rights to the User unless expressly authorized by this Agreement. The User should obtain prior written consent from “Unix Fitz” if he/she intends to exercise any other rights.
3.1. The User shall download and install the Software from the website specified by “Unix Fitz” or in the manner specified by it. Please kindly refrain from downloading the Software from non-designated websites to prevent the mobile device from being infected with malicious software that may corrupt the User's data and obtain the User's private data. If you obtain software or installers with the same name as the Software from a third party not authorized by “Unix Fitz”, “Unix Fitz” cannot guarantee its proper use and “Unix Fitz” will not be liable for any damages caused to you as a result.
3.2. The User must select the version of the Software that corresponds to the terminal device installed. Otherwise, the User shall be solely liable for any software problems, device problems or damage arising from the discrepancy between the software version and the device model.
3.3. “Unix Fitz” reserves the right to provide replacement, modification and upgrade versions of the Software for the purpose of improving user experience and optimizing service content, and reserves the right to charge for such replacement, modification or upgrade, provided that your prior consent will be obtained for such charges. The Software enables the "Upgrade Alert" function for users by default. Depending on the version of the Software used by the User, “Unix Fitz” allows the User to decide whether or not to enable this function. “Unix Fitz” does not guarantee that older versions of the Software will continue to be available after a new version of the Software has been released.
4.1. The User's use of the Software and Services shall be subject to this Agreement and the laws. The User shall not engage in the following acts:
4.1.1. to delete any copyrighted information from the Software and other copies, or to modify, delete or circumvent the technical measures employed by the Software to protect intellectual property rights;
4.1.2. to carry out reverse engineering of the Software, such as cracking, decompiling or making other attempts to obtain the source code of the Software;
4.1.3. to add, delete or change the function or execution effect of the Software by modifying or falsifying instructions and data in the execution of the Software, or otherwise operate the Software for the above purposes or disseminate the methods to the public, whether or not for commercial use;
4.1.4. to use the Software to engage in any conduct harmful to network security, including but not limited to: using unauthorized data or accessing unauthorized servers/accounts; unauthorized access to public networks or other operating systems and deleting, modifying or adding any stored data; making unauthorized attempts to detect, scan or test vulnerabilities in the Software system or network or performing other acts that undermine network security; attempting to interfere with or disrupt the normal operation of the Software system or website, intentionally spreading malware or viruses, or performing other acts that disrupt or interfere with normal network information services; falsifying the name or part of the name of a TCP/IP packet;
4.1.5. the User logs in or uses the Software and Services through third-party compatible software or systems not developed, licensed or approved by “Unix Fitz”, or creates, distributes or disseminates said tools;
4.1.6. the User to perform any operations on the Software or data contained therein, including but not limited to using, renting, lending, copying, modifying, creating links to, reproducing, editing, distributing, publishing, creating mirror sites or making unauthorized use of derivative works, works, services, plug-ins, compatibilities or interconnections related to the Software development, without the written permission of “Unix Fitz”;
4.1.7. to use the Software to publish, transmit, disseminate or store content that violates national laws, endangers national security, the unification of the motherland, social stability or public order, or any inappropriate, abusive, obscene or violent content, or content that violates national laws and regulations;
4.1.8. to use the Software to publish, transmit, disseminate or store content that violates the legal rights of others, such as intellectual property rights and trade secrets;
4.1.9. to use the Software to publish, transmit or disseminate advertising data or spam in bulk;
4.1.10. to use the Software and other services provided by “Unix Fitz” in any manner that is unlawful, for any unlawful purpose, or in any manner inconsistent with the permitted use under this Agreement.
4.2. Data Release Guidelines
4.2.1. You may use the Software to post data that you have created or that you have the right to post, such as opinions, data, text, data, user names, images, photos, profiles, audio or video files, links, etc. You must ensure that you own the intellectual property rights to the data you upload or that you are legally authorized to do so, and that your use of the Software and Services does not infringe the legal rights or interests of any third party.
4.2.2. When using the Software, you must comply with the appropriate laws and regulations:
4.2.2.1 not to publish, transmit, disseminate or store content that violates the legal rights of others, such as the rights of reputation, portrait, intellectual property, and trade secrets;
4.2.2.2 not to fabricate facts or to conceal the truth in order to mislead or deceive others;
4.2.2.3 not to publish, transmit or disseminate advertising data or spam;
4.2.2.4 not to engage in other acts that violate laws and regulations, policies, public order, social morals, etc.
4.2.3 You may not engage in any commercial practices, such as advertising or selling goods, on the Software without the permission of “Unix Fitz”.
4.3You understand and agree that:
4.3.1. “Unix Fitz” will determine whether a user is suspected of violating the above-mentioned usage guidelines and, based on that determination, suspend or terminate the license granted to you, or take other restrictive measures in accordance with this Agreement;
4.3.2. “Unix Fitz” will directly delete any data posted by the User while using the Licensed Software that is suspected of being illegal or infringing on the legal rights of others or violating this Agreement;
4.3.3. if you cause damage to a third party by violating the above usage guidelines, you shall be independently liable in your own name and hold “Unix Fitz” harmless from any resulting loss or expense;
4.3.4. you shall indemnify and hold “Unix Fitz” harmless from and against any and all losses, third party claims, administrative penalties, damages and/or expenses (including reasonable attorneys' fees, costs of investigation and collection of evidence) incurred or suffered by “Unix Fitz” as a result of your violation of relevant laws or breach of this Agreement.
5.1. “Unix Fitz” attaches great importance to the protection of personal data. In order to provide software functionality and enhance the user experience, “Unix Fitz” will collect the following types of data:
5.1.1. Information about you: we may collect and use email, avatar, nickname, gender, birthday, height, weight, time zone, language and region data. Such data will be used to create your account.
5.1.2. Personal physical data: after activating “Unix Fitz”, we will need your birthday, height, weight, and gender data to calculate your exercise results.
5.1.3. Device recorded data: when you synchronize your device data with “Unix Fitz”, we record personal data, including but not limited to activity information, sleep, and heart rate.
5.1.4. Incoming call information: when you use the alert function for incoming calls and SMS messages, you will obtain the status of incoming calls and SMS messages. If you allow access to the contact information of incoming calls, the contact data will be displayed when the device receives incoming calls and SMS messages. However, “Unix Fitz” does not store your contact and other related information.
5.1.5. Mobile phone information: when you use “Unix Fitz”, in order to determine whether your cell phone is supported, we need to obtain your cell phone's operating system version and cell phone brand and model.
5.1.6. Network usage data: we may collect network types, network signals, etc. related to specific functions of “Unix Fitz”.
5.1.7. Location data: we may collect your location data when you use location-based program services or functions. For example, when you record running tracking information through the “Unix Fitz” running function, use location-based advertisements, use the location-optimized weather function or request map information, your location information may be sent back to “Unix Fitz” so that “Unix Fitz” can provide you with accurate content.
5.1.8. Logging information: when you browse the “Unix Fitz” server, our server will automatically record certain logging data, including but not limited to: IP address, browser type, browser language, reference source page, operating system, timestamp, and clickstream data.
5.1.9. Device information: when you use “Unix Fitz” to connect to (including, but not limited to) a hardware device, the unique identifier, firmware version and approximate geographic location of that device (not personal data) will be sent to the server. The above data collection may be also suitable for updating your system or software, restoring factory settings, etc.
6.1. The User must purchase the devices required for Internet access and use the Telecommunications Value-Added Services (Telecom VAS) through the mobile terminal device and is responsible for the communication charges, data charges and related expenses incurred by the personal mobile terminal device connecting to the Internet or charged by third parties, including but not limited to telecommunications and mobile communication operators. You are advised to confirm the charges with the operator of the Telecom VAS if any Telecom VAS is required.
6.2. Neither “Unix Fitz” nor its Partners shall be liable for any damages suffered by the User due to third party causes (e.g. communication network failure, technical problems, network or mobile device failure, system malfunction and other force majeure factors).
6.3. The Software, like most other Internet software, may be affected by some factors, including but not limited to user reasons, quality of network services, differences in the social environment, etc., and may be subject to problems related to various security issues, such as the use of user data by others, resulting in nuisance to real life; the User's downloading or installing other software, or the User's visiting other websites with "Trojan horses" and other viruses that endanger the data and data security of the User's terminal device, thus affecting the normal use of the Software. The User shall strengthen the awareness of information security and user data protection and pay attention to strengthening password protection to avoid losses and nuisance.
6.4. When the User uses the Software or requests specific services from “Unix Fitz”, the Software may call on third-party systems or software to support the User's use of or access to the Software. The results of such use or access will be provided by the third party, and “Unix Fitz” does not guarantee the security, accuracy, or validity of the results obtained by supporting such system or software, or any other risk of uncertainty; “Unix Fitz” will not be liable for any disputes or losses arising therefrom.
6.5. “Unix Fitz” particularly draws the attention of its customers to the fact that, in order to protect its business development and adjust its autonomy, “Unix Fitz” reserves the right to change or suspend its services at any time without notice and without any liability to the User or any third party in this regard.
6.6. Except as expressly provided by laws and regulations, we will endeavor to ensure that the Software and related technology and information are secure, effective, accurate and reliable; the User understands that “Unix Fitz” cannot guarantee the same due to existing technical limitations.
6.7. The User shall be solely responsible for personal injury, accidents or consequential damages from lost profits, lost data, business interruption or other business damages arising out of or in connection with the following circumstances which include, but are not limited to:
(1) Use of or failure to use the Licensed Software;
(2) Unauthorized use of the Software by third parties, or modification of the User's data;
(3) Costs and damages incurred by the User during the use of the Software;
(4) Misinterpretation of the Software by the User;
(5) Other damages related to the Software that are not caused by “Unix Fitz”.
6.8. The party at fault shall bear all liability for any personal injury or property damage caused by the actions of the User or other users of the Software through any software, or as a result of the User being misled or defrauded.
7.1. “Unix Fitz” is the owner of the intellectual property rights in the Software. All intellectual property rights such as copyrights, trademarks, patents, trade secrets, and all information related to the Software (including but not limited to text, images, audio, video, graphics, interface design, configuration, data or electronic files, etc.) are protected by the laws of the People's Republic of China and the corresponding international agreements, and “Unix Fitz” owns the above intellectual property rights.
7.2 Without the prior written consent of “Unix Fitz”, the User shall not independently or allow any third party to use or transfer any of the above intellectual property rights for any commercial or non-commercial purposes, and “Unix Fitz” reserves the right to pursue legal liability for such actions.
8. Applicable Law and Dispute Resolution
8.1. The validity of this Agreement and its interpretation shall be governed by the laws of the mainland of the People's Republic of China. If no relevant legal provisions exist, reference may be made to international commercial measures and/or general commercial measures.
8.2. This Agreement is concluded in Bao'an District, Shenzhen, Guangdong Province, People's Republic of China.
8.3. Both the User and “Unix Fitz” agree that all disputes arising from the Service shall first be resolved through negotiation between the Parties. If the dispute is not resolved through negotiation, either party may resort to the court of competent jurisdiction in the place where this Agreement is signed.
9.1. The headings of all provisions of this Agreement are for convenience of reference only and shall be ignored in the interpretation of this Agreement.
9.2. If any provision of this Agreement is or becomes invalid or unenforceable for any reason, the other provisions of this Agreement shall remain in full force and effect and shall be binding on the Parties hereto.
For questions or comments about this User Agreement, or for recording a complaint or concern, please contact us at:
Address: 209 & 210, A-Wing, 2nd Floor,Panchsheel Plaza 55 Gamdevi Road, Near Dharma Palace, Girgaon Mumbai, Maharashtra 400007 India
E-mail: Info@unixindia.in