Zepp Health Terms of Service

Effective: May 15, 2021
ACCEPTANCE OF TERMS

By creating an account or accessing this Website, you acknowledge that you have read, understood and agreed to the following terms. In case you do not understand or agree to any of the terms, you should immediately exit this Website. Zepp Health Corporation, Anhui Huami Information Technology Co., Ltd. and/or its affiliates (collectively"Zepp") reserves the right to update the TERMS OF SERVICE ("TOS") at any time without notice to you. In the case of any violation against the provisions of this TOS, Zepp shall have the right to seek legal and fair remedies.

    OUR WEBSITE CONTENT

    The Website Contents include but are not limited to text, images, data, points of views, suggestions, web pages, and links offered on or through the Website. This Website and its contents are provided for your convenience only. Although Zepp has attempted to provide accurate information on this Website, it assumes no obligation or responsibility whatsoever regarding the accuracy and completeness of the information. Zepp may change the contents available on this Website or the products mentioned at any time and without notice.

    USER ACCOUNTS AND PROFILES

    In order to access this Website or obtain certain functions or services of our Website, you may be required to create an account, set up a user profile, or download Zepp software. Additional Zepp terms or requirements for the certain functions or services may apply. In case of any conflict between such additional terms and the TOS, the additional terms shall prevail for the aforementioned certain functions or services.

    You shall not impersonate another person or entity, or forge your identity to access this Website. If any portion of the Website requires you to create an account or set up a user profile, the information you provide must be truthful and accurate. You agree to keep your account information secure and confidential and to never allow another person or entity to access your account or profile using your username or password at any time, otherwise you may be held liable for the losses incurred by Zepp or any other users or visitors to this Website.

    You are responsible for all activity that occurs in association with your account. Zepp is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact us if you discover or suspect any security breach related to your account.

    Zepp reserves the right, at its sole discretion, to reject or remove your post, restrict, suspend, or terminate your access to the Website and your account, and may retain or delete your information or content.

    YOUR USE OF THIS WEBSITE

    You shall not use this Website and/or the Website Content for any purpose that is illegal or forbidden by the TOS, in connection with any illegal purposes, or to solicit the performance of any illegal activity or activities that infringe on the rights of Zepp or any third party.

    You shall not gain unauthorized access to any portion of this Website, or to any of the services offered on or through the Website, or to any other systems or networks connected to any Zepp server.

    You shall not take any action that will place an excessive load on this Website, including but not limited to its infrastructure, systems, and networks.

    You shall not obtain, or attempt to obtain, any Website Content through any means not purposely available through this Website or use any manual or automatic process, device, program, algorithm, or methods to access, obtain, copy, or monitor any portion or content of this Website.

    You shall not test by scanning or other means the vulnerability of this Website or any networks connected to this Website, nor breach the security or authentication measures of this Website and the services offered on or through this Website. You shall not reverse lookup, trace, or attempt to trace any information of any other users or visitors of Zepp or this Website, or exploit or reveal any information or services offered on or through this Website.

    You shall not interfere with or attempt to interfere with the proper operation of this Website and other person's use of this Website by any means, including but not limited to using any device, software, or program.

    When using this Website and its content, you agree to comply with applicable laws and obey social ethics. You shall not use this Website and its content to produce, read, copy, or disseminate any information that is illegal, to infringe on any other person's rights, or to disturb the social order and undermine social stability. You shall not use this Website and its content to engage in any activity that endangers cyber security and any computer system.

    PRIVACY

    Zepp's is pplicable to the use of personal information on or through this Website. Byusing this Website, you agree that Zepp can use such information in accordancewith this Privacy Policy.

    If you submit comments, ideas, or feedback to Zepp, you agree that Zepp can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. Zepp does not waive any rights to use similar or related ideas or feedback previously known to Zepp, developed by Zepp, or obtained from sources other than you.

      TRADEMARK

      All trademarks and logos displayed, mentioned or otherwise used in this Website are property of Zepp or its licensors as stated if applicable. You are not permitted to use any of these trademarks or logos in any way without explicit prior written permission from Zepp or such licensors as applicable.

        All contents on this Website are copyrighted by Zepp or applicable licensors unless otherwise stated. Without prior written consent of Zepp or other related parties, any content on the Website shall not be reproduced, modified, promoted, distributed, photocopied, played, disassembled, reverse engineered, decompiled, linked or transmitted with hyperlinks, loaded into other servers in "mirroring method", stored in information retrieval system, or otherwise used for any other purpose by any person by any means.

        TERMS OF SALE, RETURNS AND WARRANTY

        Zepp’s Terms of Sale and Returns and Warranty Policy apply to purchases of physical goods from Zepp. The Terms of Sale are incorporated into and made a part of this TOS. All orders placed are subject to Zepp’s acceptance. Zepp may accept, decline, or place limits on your order for any reason.

        PRODUCT AVAILABILITY

        The availability of the products and services described on this Website, and the descriptions of such products and services, may vary in your country or region and include products and services not launched in your country or region. Please consult your local Zepp sales representative or agent for specific products and/or services information.

        Although links to third party Websites maybe contained in this Website for your convenience, Zepp shall not be responsible for any content of any such Websites. You might need to review and agree to applicable rules of use when using such Websites. In addition, a link to third-party Website does not imply that Zepp endorses the site or the products or services referenced therein.

        DISCLAIMERS

        THE ZEPP SERVICE AND ZEPP CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING,ZEPP EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THIS TOS OR THE ZEPP SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT ORNON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING. ZEPP MAKE NO WARRANTY THAT THE ZEPP SERVICE OR ZEPP CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ZEPP MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS,COMPLETENESS, OR RELIABILITY OF THE ZEPP SERVICE OR ANY ZEPP CONTENT.

        NEITHER ZEPP, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ZEPP SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS TOS OR FROM THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE ZEPP SERVICE, WHETHER BASED ON WARRANTY,CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZEPP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE,EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

        IN NO EVENT WILL ZEPP’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS TOS OR FROM THE USE OF OR INABILITY TO USE THE ZEPP SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO ZEPP FOR USE OF THE ZEPP SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ZEPP, AS APPLICABLE.

        THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ZEPP AND YOU.

        INDEMNITY

        You will indemnify and hold harmless Zepp or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Zepp service, (ii) your content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of this TOS, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

        ENFORCEMENT RIGHTS

        Zepp reserves the right (but are not required) to remove or disable access to this Website, any Zepp Content, or your content at any time and without notice, and at our sole discretion, if Zepp determine that your content, or your use of this Website is objection able or in violation of this TOS. Zepp has the right to investigate violations of this TOS and any conduct that affects this Website, and in response may take any action Zepp may deem appropriate.

        APPLICABLE LAW AND DISPUTE RESOLUTION

        You agree that your access and all related activities on or through this Website shall be governed by, construed, and interpreted in accordance with the laws of the People's Republic of China. You agree that any dispute between the parties arising out of or in connection with this TOS or your access and all related activities on or through this Website shall be governed by a court with jurisdiction in Shenzhen, Guangdong Province of the People's Republic of China.

        CONTACT US

        PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
        Anhui Huami Information Technology Co.,Ltd.
        7th Floor, Building B2, Huami GlobalInnovation Center, No.900 Wangjiang West Road, High-tech Zone, Hefei, China