Terms of Use

Last update: November 18, 2020

Welcome to https://www.smartisan.com/en (hereafter referred to as "the Website"). Delta Innovation Technology Co., Ltd. and/or its affiliates and/or subsidiaries ("Smartisan") provide website features and other services (if any) to you when you visit at the Website and use relevant services provided by Smartisan (collectively, "Smartisan Services"). Smartisan provides the Smartisan Services subject to these Terms of Use (the "Terms") as following. By accessing the Website and/or using Smartisan Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access and/or use this Website or Smartisan Services.

Additionally, you should also carefully review our Privacy Policy before using the Website as it also govern your use of the Website and Smartisan Services.

1. About us

We, along with our affiliates and subsidiaries, are Smartisan. Our address is Room 1206, 12 F/L, Building 4, Zijin Digital Park, Haidian District, Beijing, PRC. You can contact us by mail at the above address, by email at smartisan.global@bytedance.com or by telephone at +86 17710906280.

2. Your Use of the Website

When you use the Website or Smartisan Services, you agree to use the Website and Smartisan Services only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. In addition, you agree that you are solely responsible for any breach of your obligations under these terms and for the consequences (including any loss or damage which Smartisan may suffer) of any such breach. As a condition of your use of the Website and our services, you warrant to Smartisan that you will not use the Website or Smartisan Services for any purpose that is unlawful or prohibited by these terms. Whether on behalf of yourself or on behalf of any third-party, you agree not to:

• Access or attempt to access the Website, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers;
• Access or attempt to access the Website other than through the interface that is provided by Smartisan, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of Smartisan;
• Divert or attempt to divert Smartisan customers to another website, mobile application, or service;
• “Scrape”, duplicate, reproduce, copy, republish, license, sell, trade or resell the Website for any purpose;
• Engage in any activity that disrupts or otherwise interferes with the Website (or the servers and networks which are connected to the Website), or our services;
• Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the WebSite;
• Send unsolicited or unauthorized emails on behalf of Smartisan, including promotions and/or advertising of products or services;
• Restrict or inhibit any other person from using the Website or Smartisan Services;
• Attempt to do anything, or encourage, assist, or allow any third-party to do anything in violation of these terms; or
• Use a false email address, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the website or our services.

Smartisan reserves the right to refuse service, in its sole discretion, at any time, for any lawful reason, without notice. Smartisan reserves the right to withdraw or amend the Website, and any service or material we provide on the Website, in its sole discretion, at any time, for any reason, without notice. SMARTISAN WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. FROM TIME TO TIME, WE MAY RESTRICT ACCESS TO SOME PARTS OF THE SITE, OR THE SITE ENTIRELY, TO USERS, INCLUDING REGISTERED USERS.

3. Product Descriptions

Smartisan attempts to be as accurate as possible. However, Smartisan does not warrant that product descriptions or other content of any Smartisan Services is accurate, complete, reliable, current, or error-free.

4. Export Policy and Sanctions

You agree to comply with relevant applicable laws and regulations in relation to export control, including relevant Chinese laws and regulations as well as those administered or enforced by the Bureau of Industry and Security of the U.S. Department of Commerce.

You agree to comply with all applicable trade, economic, and financial laws and regulations, including those administered and enforced by the United States, European Union (“EU”) and relevant Member States, the United Kingdom, the United Nations Security Council, or any other government bodies with jurisdiction over this activities under these Terms (collectively, “Sanctions”). The foregoing representations shall not apply to any party hereto to which the Council Regulation (EC) 2271/96 (as amended, restated, supplemented or otherwise modified from time to time; the “Blocking Regulation”) applies, if and to the extent that such representations are or would be unenforceable by or in respect of that party pursuant to, or would otherwise result in a breach and/or violation of, any provision of the Blocking Regulation (or any law or regulation implementing the Blocking Regulation in any EU Member State).

5. Other Businesses

In addition, we provide links to the websites of affiliated companies and certain other third-party businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Smartisan. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their websites). Smartisan does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms of use.

6. Disclaimer of Warranties and Limitation of Liability

THE SMARTISAN SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SMARTISAN SERVICES ARE PROVIDED BY SMARTISAN ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SMARTISAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SMARTISAN SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Smartisan SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SMARTISAN SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, SMARTISAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Smartisan DOES NOT WARRANT THAT THE Smartisan SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Smartisan SERVICES, Smartisan'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Smartisan ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, SMARTISAN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SMARTISAN SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SMARTISAN SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

7. Compensation

You agree to compensate Smartisan and its managers, directors, shareholders, predecessors, interest successors, employees, agents, subsidiaries, and affiliates and free them from damages with respect to any requests, losses, liabilities, claims, and expenses (including counsel fees) made by any third party against Smartisan resulting from or in connection with your violation of laws and regulations or the agreement of the Terms of Use during your use of the Website.

8. Violation of the Terms

You agree that Smartisan has the discretion to terminate your current and/or subsequent access right to the Website if we believe that you have violated the Terms or any other agreement or guidance possibly associated with your use of the Website. You also agree that any violation of our Terms might cause irreparable damage to Smartisan (for which monetary damages would be inadequate), for which you agree that Smartisan will obtain any injunctive relief or equal relief it deems necessary or appropriate. Such relief is the supplementation of any other remedies Smartisan may have under the law.

You agree that Smartisan has sole discretion to terminate your access to the Website for the following reasons without prior notice, which include (but are not limited to): (1) at the request of government departments and jurisdictions; (2) any suspension or major revision of the Website or any services provided on the Website; or (3) unexpected technical problems.

If you violate the Terms and Smartisan takes legal action against you, besides any other remedies granted to Smartisan under the law, Smartisan will also have the right to obtain all reasonable counsel fees and legal fees caused by you, which you will agree to pay. You agree that, if, as a result of any violation of our Terms, Smartisan terminates your access of the Website, Smartisan will not be liable to you or any third party

9. Governing Law and Jurisdiction

By using any Smartisan Service, you agree that the laws and regulations of the People's Republic of China, without regard to principles of conflict of laws, will govern these terms and any dispute of any sort that might arise between you and Smartisan.

Any dispute or claim relating in any way to your use of any Smartisan Service, or to any products or services sold or distributed by Smartisan or through https://www.smartisan.com/en shall be resolved in the People's Court with jurisdiction in Haidian District, Beijing, China.

10. Website Policies, Modification, and Severability

Please review our other policies, service conditions, such as our Privacy Policy, posted on the Website. These policies and conditions also govern your use of Smartisan Services. We reserve the right to alter, modify, add to or otherwise vary the Website, policies, service conditions, and these Terms from time to time, and in such manner as Smartisan deems appropriate. If any of these policies and conditions and these Terms shall be deemed invalid, void, or for any reason unenforceable, those contents shall be deemed severable and shall not affect the validity and enforceability of any remaining contents. You shall be bound by these policies and conditions and these Terms so amended. In any event, if you continue to use the Website and Smartisan Services after such notice, you shall be deemed to have accepted the amendments.

11. Additionally Smartisan software terms

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Smartisan Services (the "Smartisan Software").

• Use of the Smartisan Software. You may use Smartisan Software solely for purposes of enabling you to use the Smartisan Services as provided by Smartisan, and as permitted by these terms. You may not incorporate any portion of the Smartisan Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Smartisan Software in whole or in part. All software used in any Smartisan Service is the property of Smartisan or its software suppliers and is protected by Chinese and international copyright laws.
• Use of Third Party Services. When you use the Smartisan Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
• No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Smartisan Software, whether in whole or in part.
• Updates. We may offer automatic or manual updates to the Smartisan Software at any time and without notice to you.
• Government End Users. If you are a Government end user, we are licensing the Smartisan Software to you as a "Commercial Item", and the rights we grant you to the Smartisan Software are the same as the rights we grant to all others under these terms.
• Conflicts. In the event of any conflict between these terms and any other Smartisan or third-party terms applicable to any portion of Smartisan Software, such as open-source license terms, such other terms will control as to that portion of the Smartisan Software and to the extent of the conflict.

12. Intellectual Property

All Intellectual Property in and to the Website, such as text, graphics, logos, images, videos, digital downloads, data, software, any other material, and the design selection and arrangement thereof is owned or licensed property of Smartisan, its suppliers, licensors, or other providers of such material and is protected by Chinese and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Smartisan and its suppliers and licensors expressly reserve all intellectual property rights in all content.

These Terms permit you to use the Website for your personal, non-commercial use only.

The Smartisan name, logos, service names, designs, and slogans are trademarks or other intellectual properties of Smartisan. You must not use such contents without the prior written permission of Smartisan. All other names, logos, product and service names, designs and slogans that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Smartisan.

13. Contact for Making Claims of Intellectual Property Infringement

If you believe that your intellectual property rights have been infringed, you may submit written claims of intellectual property rights infringement (including, but not limited to, copyright, trademark, and patent claims) to our Smartisan Legal Department at legal@smartisan.com.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.