Note: This app requires Internet access. If you are a minor, you mustobtain your parent/guardian's consent to use this app. By touching Agree, you indicate that you have read and agree to these terms and the AoJie Health User Agreement.AoJie Health User Agreement
1 About the Services
The AoJie Health app (as defined below) and its related technology, functionality and services (collectively, the"Services") are operated by Aojie Technic.
2 Purpose of This Agreement
This user agreement and other policies and information published or made available through the Services (collectively, this "Agreement") are the terms and conditions applicable to you with regard to your use of, and access to, the Services.This Agreement tells you who we are, how we will provide the Services to you, what we expect from users of the Services, what activities are permitted or not permitted, by or in connection with the Services, what to do if there is a service issue, and other important information.You can access our Privacy Statement and find the relevant information about our data processing activities and your privacy rights by touching Statement About AoJie Health and Privacy.
3 Your Acceptance of This Agreement
Please read this Agreement carefully. By accessing or using the Services, you are entering into a binding legal agreement with us and are agreeing to this Agreement. If you do not accept and agree to this Agreement, you must not access or use the Services. If there is anything you do not understand in the terms of this Agreement or the other policies and information published or made available through the Services, please contact us using the contact information below.
4 Eligibility
You must be 13 years of age or older in order to access and use any of the Services, unless local laws provide otherwise.Those aged under 13 years are permitted to use our Services only if their parent or guardian creates a child account and accepts the Guardian Authorization for AoJie ID. There are also recommended minimum age limits for using certain features within the AoJie Health app, such as training plans, which we suggest that you observe. However, due to their nature, we do not recommend individuals aged under 16 years to use those services.
5 Accessing the Services
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services, subject to, and in accordance with, this Agreement.You are responsible for making all arrangements necessary for you to have access to the Services, including providing your compatible device, console or platform, and Internet access. You are also responsible for ensuring that all users who access the Services through your compatible device, console or platform, and Internet access are aware of this Agreement, and that they comply with this Agreement in full at all times.
6 Services of the AoJie Health App
The AoJie Health app is a piece of application software for recording, monitoring, and analyzing a user's exercise data and general health and fitness data and providing fitness and health guidance.The AoJie Health app is intended for fitness and health purposes only and is not supplied for use in the diagnosis or treatment of diseases or other conditions, or in the cure or prevention of diseases. AoJie makes no representation or warranty to you in this regard.The main features of the AoJie Health app are as follows:(1) Device managementThis feature supports the management of your AoJie smart band, watch, body fat scale, heart rate monitor, and other similar health and fitness devices (hereinafter referred to as"devices"). The AoJie Health app connects with your devices by Bluetooth. It manages the usage, configuration, and update of the devices, transfers your fitness and health data from the devices, and displays the data in the AoJie Health app.(2) Personal profile information managementThis feature allows you to edit your personal profile information such as your profile picture, nickname, gender, date of birth, height, and weight. After editing, they can be saved locally in the AoJie Health app and in AoJie Mobile Cloud.(3) Fitness data managementThis feature allows the recording and display of your daily fitness data and tracks your activities such as walking, running, and cycling. If you wish to record this type of data, you must enable the Location permission on your devices.(4) Health data managementThis feature allows the measurement, recording, and display of health related data such as sleep, heart rate, and body fat based on your devices.(5) Message displayThis feature provides you with relevant fitness and health information through an app notice or smart card.(6) Sharing device and app usage dataThis feature allows AoJie to use app usage data and operation data of your devices for improving our services and user experience.Data sharing serviceThis service supports sharing of fitness and sleep data from your devices to MyFitnessPal, Google Fit, and Apple HealthKit. Such data sharing is only conducted based on your prior authorization. You can withdraw the authorization to terminate the data sharing at any time.Depending on your operating system, either Petal Maps or Google Maps provides the maps service to generate your outdoor workout routes. When the maps service is provided by Google Maps, you will be subject to Google's Terms of Service and you agree to be bound by the Google Maps/Google Earth Additional Terms of Service.
7 Using AoJie Health at Your Own Risk
You rely on the AoJie Health app and on Your Content solely at your own risk.The AoJie Health app has not been developed to meet your individual requirements. It is therefore your responsibility to ensure that the facilities and functions of the app meet your requirements.AoJie 's aim is to provide a means for you to track and monitor your own activity, for you to store data relating to your activities, and to provide you with helpful information on health. However, we make no warranty or representation of any kind about any AoJie services or information achieving any results, nor do we warrant that the app or the Services are suitable for any particular purpose or for every user's needs.AoJie is not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the AoJie Health app, nor are we liable if you record inaccurate data in the AoJie Health app. The AoJie Health app is not a medical or scientific device and the accuracy and reliability of the data collected and stored in the AoJie Health app will not be sufficient for medical purposes.Use of the AoJie Health app does not relieve you of responsibility for your own wellbeing, and/or of the need for you to consult a medical professional for health issues.Please observe all warnings and safety notices that accompany the AoJie Health app.
8 Consulting Your Doctor Before Using the AoJie Health App
The AoJie Health app is not intended to diagnose, treat, cure, monitor, or prevent any disease, or to determine the existence or absence of any medical or health condition and you may not use it for any of these purposes. If you have a medical or heart condition, or are unfit, consult your doctor before using the AoJie Health app, engaging in any physical training program, or changing your diet. If you experience any health issues or medical conditions, stop using the AoJie Health app and consult a doctor. AoJie is not responsible for any health problems that may result from using training programs in the AoJie Health app, or from setting and pursuing targets in the AoJie Health app.You agree that you engage in any training programs presented on the AoJie Health app at your own risk.Warning: Certain users may be at greater risk of injury or ill health. Consult your doctor prior to use if you have a medical, circulatory, or heart condition, or have tendonitis or other musculoskeletal disorders.
9 AoJie Account Security
You must keep your AoJie ID username and password secret and confidential, and you must not share them with anyone else. We recommend that you choose a strong password and keep it in a safe place. You are responsible for keeping your password safe and shall bear any losses and liability incurred as a result of providing your account details to a third party.If you think that someone else might be using your AoJie ID or associated login details, you must let us know immediately using the contact information below in Section 25 ("Contacting Us"). You should also immediately change your password. You must not use anyone else's AoJie ID to access the Services. You must take appropriate steps to protect your AoJie ID information, computer, mobile phone, other mobile devices, and SIM card information to prevent unauthorized use by third parties.
10 Terms of Use
By accessing and using the Services, you undertake and agree to do so in a legal and ethical manner and in accordance with this Agreement. You hereby acknowledge and agree that you shall not use the Services to transmit material, or otherwise engage in any activity that is dishonest, defamatory, tortious, harmful, obscene, offensive, bullying, harassing, scandalous, hateful, inflammatory, threatening, unlawful, profane, pornographic, invasive of privacy, or otherwise objectionable in relation to your use of the Services including without limitation, anything that facilitates illegal activities, depicts sexually explicit images, promotes violence, is discriminatory, illegal, could or does cause damage or injury to any person or property, or could give rise to any civil or criminal liability under applicable laws.Except as expressly set out in this Agreement or as permitted by applicable laws, you hereby agree and undertake:(a) Not to remove any copyright, trademark, or other proprietary notices from any portion of the Services;(b) Not to reproduce, make alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of them to be combined with, or become incorporated in, any other programs;(c) Not to gain or attempt to gain unauthorized access to or impair any aspect of the Services or their related systems or networks;(d) Not to disassemble, decompile, reverse-engineer, or create derivative works based on the whole or any part of the Services, or attempt to do any such thing except to the extent that such actions cannot be prohibited by applicable laws;(e) Not to distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services;(f) Not to provide or otherwise make available the Services in whole or in part (including the object and source code), in any form to any person without our prior written consent;(g) Not to impersonate any person or falsely state or otherwise misrepresent your affiliation with a person or entity;(h) Not to use the Services (or any part(s) thereof) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, including without limitation, by hacking into or inserting malicious code, including viruses, or harmful data, into the Services (or into the websites linked to the Services) or any operating system;(i) Not to infringe upon our intellectual property rights or those of any third party in relation to your access to and/or use of the Services;(j) Not to collect users' information, or otherwise access the Services or our systems, using automated means (for example, harvesting bots) or attempt to decipher any transmissions to or from the servers running the Services;(k) Not to develop, support, or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plug-ins and add-ons, or any other technology or manual work) to scrape information from the Services or otherwise copy profiles and other data from the Services;(l) Not to commercially exploit the Services without our prior written consent;(m) Not to solicit login information or access an account belonging to someone else;(n) Not to attempt, facilitate, or encourage any violations of this Agreement (or any part(s) thereof); and(o) Not to use the Services in any manner which could damage, disable, overburden, impair, or compromise the Services, our systems or security, or interfere with other users or any other party's computer systems, or hack or gain unauthorized access to the Services or Our Content (defined below) or data.
11 Ownership and Usage Restrictions
Use of Our ContentWe and/or our licensors, retain all right, title, and interest in and to the information (in any form including but not limited to text, graphics, video, and audio), images, icons, apps, designs, software, scripts, programs, copyrights, trademarks, trade names, logos, and other materials and services available on or through the Services, including their looks and feels (collectively, "Our Content"). You acknowledge that Our Content is protected by copyright, trademark, database rights, sui generis rights, and other applicable intellectual and industrial property laws under national laws and international treaties. Your access to and/or use of any of the Services does not transfer to you or any other person any ownership or other rights in or to the Services, or their content, unless otherwise specified in this Agreement.You may not make alterations, copies, extractions, modifications or additions to Our Content, or sell, copy, disseminate, license, or misuse Our Content in any way. If you want to re-publish, extract, reproduce, disseminate, or otherwise use any of Our Content, you must contact us in advance and obtain our prior written consent unless otherwise expressly provided in this Agreement. This is without prejudice to any rights you may have under applicable mandatory laws.
12 Your Content
We do not claim any proprietary rights to the text, files, images, photos, works of authorship, or any other materials which you upload, store, post, email or otherwise transmit to or via the Services (collectively, "Your Content"). You continue to retain all ownership and/or license rights in Your Content. You are entirely responsible for Your Content. By transmitting Your Content on or through the Services, you represent and warrant that you are authorized to do so and our use of Your Content in accordance with the license mentioned below, does not violate any law or third-party rights.You are responsible for backing up, to a non-AoJie device, any important documents, data, images or other materials contained in Your Content. We shall use reasonable skill and due care in providing the Services, but we do not guarantee or warrant that Your Content that you store or access through the Services will not be subject to inadvertent damage, corruption or loss, and we reserve the right to delete Your Content in accordance with this Agreement.To the extent any of Your Content contains personal data, we will use it in accordance with the Statement About AoJie Health and Privacy.
13 Monitoring the Services
You acknowledge that we have no obligation to monitor your (or anyone else's) access to or use of the Services for violations of this Agreement. However, we reserve the right to take measures for the purposes of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), ensuring your compliance with this Agreement, applicable laws, orders or directions of any court, consent decree, administrative agency, or other governmental body.We reserve the right to decide at any time whether Your Content is appropriate and in compliance with this Agreement, and may pre-screen, move, refuse, modify, and/or remove Your Content at any time without prior notice and at our sole discretion, if Your Content is found to be in violation of this Agreement or is otherwise objectionable in any way.
14 Communication at Your Own Risk
We may communicate with you regarding the Services by electronic communications using information you provided during the creation or updating of your AoJie ID. You agree that we may communicate with you by means of electronic communications regarding this Agreement and any other matter related to your access to and use of the Services. E-mail and other methods of transmitting information over the Internet are subject to interference or scrutiny by third parties and should be independently verified. We cannot ensure security and privacy of such communications and all risk in transmitting such communications lies with you.
15 Privacy and Data Collection
In order to provide you with a more robust service and help ensure the security of your transactions, we will collect and process your information and technical data in accordance with the Statement About AoJie Health and Privacy.
16 Disclaimers
The Services are for your sole use only and must not be used by any third party. You agree that we and our parents, subsidiaries, affiliates, officers, directors, employees, contractors, agents, third-party payment providers, partners, licensors, and distributors (collectively "AoJie Parties") are not liable for any losses caused by any unauthorized use of the Services.The AoJie Parties are not responsible for any loss, damage, or liability incurred to you, as a result of any maintenance or other support services for the Services. Your use of the Services may be interrupted, delayed, or disrupted for an unknown period of time for reasons that are beyond our control. The AoJie Parties will not be liable for any claim arising from or related to such interruptions, delays, disruptions or similar failures.To the maximum extent permitted by applicable laws in your jurisdiction, the AoJie Parties are not liable to you or to anyone else for any liabilities, losses, damages, or compensations if you or anyone else are unable to access or use the Services due to:(a) Any suspension or termination of the Services by us to enable maintenance work or updates to systems, software, or hardware to be carried out;(b) Any communication delay or failure of a system or network that is owned or controlled by someone other than us;(c) Any suspension, cancellation, or termination of any contract or other arrangements between us and any of our third-party payment service providers;(d) Any errors or interruptions due to hacking attempts or similar security breaches;(e) Any other event or occurrence beyond our reasonable control.The Services are provided on an "as-is" and "as-available" basis without any representation or endorsement of any kind. To the maximum extent permitted by applicable laws in your jurisdiction, the AoJie Parties disclaim all warranties, conditions, or other terms of any kind, express or implied, and make no guarantee, undertaking, representation, or warranty for the following: (a) The completeness, accuracy, reliability or timeliness of any of the content made available on or through the Services; (b) The Services or the server(s) they are hosted on are free from defects, errors, viruses, bugs, or other harmful elements; (c) Any defects in the operation or functionality of the Services will be corrected; (d) The specific functions of the Services, the reliability, quality, or accuracy of any information obtained by you as a result of your use of or access to the Services can be guaranteed; (e) The security or error-free nature of the Services; and (f) The Services' reliability, quality, accuracy, availability, or ability to meet your needs, provide certain outputs or achieve certain results or outcomes. The AoJie Parties are not liable for any losses or damages to you caused in whole or in part by you relying upon, using, or interpreting the Services or other information obtained through your (or any other person's) access to and/or use of the Services.The laws of some countries do not allow certain warranties, guarantees, or liabilities to be excluded or limited by a contract. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you and you may have additional rights. Nothing in this Agreement affects the rights that you are legally entitled to as a consumer, or which you cannot contractually agree to alter or waive.
17 Limitation of Liability
To the maximum extent permitted by applicable laws in your jurisdiction, your access to and use of the Services is at your sole risk, and the AoJie Parties expressly exclude all liability, loss, or damages incurred by you, or any other person, whether in contract, tort (including negligence), or under any other theory, for any of the following: (a) loss of profits, income, revenue, data, or goodwill; and (b) special, indirect, or consequential loss or damage.If you are dissatisfied with any aspect of the Services at any time, your sole and exclusive remedy under this Agreement is to stop accessing and using the Services. Without prejudice to the preceding restrictions, and to the maximum extent permitted by applicable laws in your jurisdiction, in no event will the AoJie Parties' total aggregate liability to you or to any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort (including negligence), or under any other theory exceed €50.00. You acknowledge and agree the disclaimers and limitations of liability expressed in this Agreement are fair and reasonable.The laws of some countries do not allow for some or all of the limitations and exclusions described above. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you and you may have additional rights. Nothing in this Agreement affects the rights that you are legally entitled to as a consumer, or which you cannot contractually agree to alter or waive.
18 Indemnification
To the maximum extent permitted by applicable laws in your jurisdiction, you shall hold harmless and indemnify the AoJie Parties from and against any and all claims, suits, or actions arising from or related to:•Your Content;•Your use of the Services;•Your violation or breach of any part of this Agreement;•Your infringement upon third-party intellectual property or any other rights; or•Similar actions or violations by any person using your AoJie ID.PLEASE NOTE: This means that if we or you are sued by a third party because you breach this Agreement or someone's rights connected with it, you agree to indemnify us against any financial or other losses, and that you shall not blame us for such indemnities.You undertake and agree to promptly assist and cooperate as fully as reasonably required by any of the AoJie Parties in the defense of any such claims or demands. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
19 Termination by You
You can terminate your AoJie Health services by going to Me > Privacy management in the app to erase all fitness and health data from the cloud or to withdraw consent.If you erase the data, the data will be permanently deleted from the cloud, but remains on your mobile device. You can erase all data from your device from your mobile device's app settings.You can also terminate your account via your account settings. Terminating your account will permanently delete any and all of the data, files, and stored content on AoJie Mobile Cloud under your account. Please read this Agreement carefully before deciding to terminate your account.
20 Termination and Suspension by Us
Subject to applicable laws, we may temporarily or permanently suspend, cancel, impose limits on, or restrict your access to part(s) or all of the Services at any time, without assuming liability for any individual or third party. We will provide notice to you before we do this. However, we may not provide prior notice to you, and may immediately, permanently, or temporarily, impose limits on, cancel, suspend, or restrict your access to parts or all of the Services under the following circumstances:(a) If you, or anyone acting on your behalf, acts fraudulently or illegally, or provides us with any false or misleading information;(b) In response to requests by law enforcement or other government agencies under valid legal process;(c) In case of urgent maintenance work or urgent updates to systems or hardware;(d) The expiry or termination of this Agreement does not affect the provisions of this Agreement that are expressed to operate or have effect after the expiry or termination thereof, and is without prejudice to any accrued rights or obligations or any rights or obligations which are intended to survive such expiry or termination.AoJie reserves the right to delete any data associated with your account in the event your account remains inactive for twelve (12) consecutive months.Sections 16, 17, 18, 19, and 23 and any other provisions which by their natures are intended to survive termination or expiry, shall survive termination or expiry of the relationship between you and us.
21 Changes to the Services
We are constantly updating, changing, and improving the Services. We may add or remove functionalities or features, create new limits to the Services, or temporarily or permanently suspend or stop one of the Services.We will inform you within a reasonable time period of any changes to the Services that will materially disadvantage users or materially limit their access to or use of the Services. We may not inform you in advance about changes to this Agreement or changes to the Services that do not materially affect or disadvantage users or do not materially limit their access to or usage of the Services. For changes to the Services that we need to make to meet security, safety, legal, or regulatory requirements, we may not be able to meet the aforementioned timescales and we will update you about these changes as soon as is practicable.
22 Changes to This Agreement
We can make changes to this Agreement at any time and post additional specific terms, codes of conduct, or guidelines that govern a particular part, parts or all of our Services to address the changes to the Services mentioned above. The most recent version of this Agreement will be posted in the Services. You should regularly check for the most recent version.If the changes include material changes that affect your rights or obligations, we will notify you at least 30 days in advance of the changes by reasonable means, which could include notification through the Services or via SMS or email. For changes to this Agreement that we need to make to meet security, safety, legal, or regulatory requirements, we may not be able to meet the aforementioned timescales and we will update you about these changes as soon as is practicable.If you continue to use the Services after the changes become effective, you will be deemed to have accepted those changes. If you do not agree to such changes, you must end your relationship with us by ceasing to use the Services. Any amendment, variation or modification to this Agreement you purport to make shall not be binding on us.
23 General Terms
This Agreement and the documents incorporated by reference constitute the entire agreement between you and us with respect to your access to and use of the Services.The Services or third parties may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or resources.The disclaimers, limitations and exclusions of liability, and indemnity provisions in this Agreement survive indefinitely after the expiry or termination of the Agreement.