EasyShare User Service Agreement


Dear User,
EasyShare (hereinafter referred to as "this Service") is operated by vivo Mobile Communication Co., Ltd. and its global subsidiaries (hereinafter referred to as "vivo", "we", "us", or "our"). This User Service Agreement is an enforceable legal agreement between you (the User) and vivo Mobile Communication Co., Ltd. and its licensee.
Through this Agreement, you will understand how vivo provides this Service to you, the rules you shall follow when using this Service, vivo's statements regarding providing this Service and its related services, and other important information. Please read this Agreement carefully and pay special attention to the disclaimer and the terms on dispute jurisdiction and information collection. To access and use this Service, you should be at least 18 years old or reach the age of majority in your region. If you are under 18, you need to get the consent of your parent or legal guardian to use this Service. Minors should be accompanied by their legal guardian when reading this Agreement. By choosing to download and install the software and use this Service, you have accepted all the terms of this Agreement and reached a legally binding agreement with vivo.

1. About this Service
This Service is designed to provide functions such as file transfer between devices, Phone Clone, data backup, and Smart Mirroring to quickly meet your requirements for content transfer and screen mirroring. Its main functions include:
(1) Personal information settings: You can set your nickname and profile picture for using this Service.
(2) File transfer: You can use this Service to establish a connection with another device and receive/transmit contacts, SMS messages, call logs, calendars, apps, notes, images, music, videos, recordings, settings, and other content supported by this Service (collectively referred to as "user content") from/to the other device in a face-to-face manner.
Note: The iOS version of this Service only supports the transfer of contacts, photos, videos, and music.
(3) Web Share: You can use this Service to establish a connection with your computer's web page, enabling you to quickly transfer files between your phone and your computer.
(4) Phone Clone: You can follow the instructions on the service page to select the old phone for sending data and the new phone for receiving data as needed and connect the devices, so as to easily migrate data when replacing your phone.
(5) Data backup: By establishing a connection with your computer, you can back up and save data on your phone to your computer, or restore data to your phone at any time. Supported data includes contacts, SMS messages, call logs, calendars, apps, notes, images, music, videos, recordings, and settings.
(6) Smart Mirroring: You can use this Service to mirror the screen of your device to a PC or TV in real time.
(7) Multi Screen: You can use this Service to interact with other devices (such as computers and phones) though file transfer, download, notification display, opening and editing files, answering calls, and other functions.
(8) The specific support or new functions vary depending on your software version. For questions, please contact our customer service.
(9) If you choose to use a third-party service through this Service, please read the relevant agreement of the third-party provider before using the service. In case of any disputes arising from your use of the third-party service, you shall contact the third-party service provider for settlement on your own.

2. Software license
1) Grant of license: vivo will grant you a limited, non-exclusive, and non-transferable license to use this software and its related documents according to the terms hereunder, but you have no right to sub-license it.
2) License restrictions:
a) You can download, install, and use this software for non-commercial purposes on a single mobile device. Unless vivo explicitly authorizes otherwise or the restrictions herein are expressly prohibited by applicable laws, you shall not: (i) allow other individuals to use this software; (ii) modify, translate, reverse-engineer, decompile, or disassemble this software/documentation, or create derivative works based on this software/documentation; (iii) reproduce this software/documentation (backup for servicing/replacement is allowed, but it shall not be installed or used on any computer and shall be immediately deleted/disposed once the service/replacement is completed. Any other backup of this software is deemed as a violation of this Agreement.); (iv) rent, transfer, or sub-license this software/documentation, or assign your rights to this software/documentation to others; (v) remove any declaration or label of ownership from this software/documentation; or (vi) add other software to this software or combine other software with this operating system/software.
b) You agree to use this software/documentation only in compliance with all relevant laws.
c) You shall not use this Service for any illegal purposes, attempt to scan for the vulnerabilities of this Service without authorization, or perform any action that disturbs the normal network messaging service (such as disturbing the normal operation of this Service and deliberately transmitting viruses).

3. Intellectual property statement
The ownership and intellectual property of this software/documentation are held by vivo (including all relevant suppliers/licensors). The ownership and intellectual property of the content you access via this software (including content in the media presentation files of this software) are still held by the corresponding content owner and are protected by relevant copyright or other applicable laws. This license does not grant you any rights to such content.

4. About software installation and upgrade
You shall download and install this software from a vivo designated store or official channel. To protect you from any virus or malware, please do not download it from a non-official website. You shall also select a software version that is compatible with your device model or update the version by yourself. Any issues relating to software usage, functional support, and device linking due to incompatibility between the software version and your device model shall be borne by yourself.
Data traffic or charges may be incurred during software download and update (subject to your carrier) and shall be borne by yourself.

5. User undertakings and warranties
In compliance with this Agreement, you can use this Service to set your profile picture and nickname, transmit files and data, and mirror your screen. However, you certify that you will use this Service in accordance with laws and regulations and not use this Service (via custom settings or EasyShare) to disseminate any information that violates national laws, regulations, or policies. Such information includes but is not limited to:
(a) information in violation of the fundamental principles stipulated by the constitution;
(b) information that endangers national security or unity, divulges state secrets, or incites subversion;
(c) information that is detrimental to the honor and interests of the nation;
(d) information that incites ethnic hatred or discrimination or undermines ethnic unity;
(e) information that undermines national religious policies or spreads cults and feudal superstitions;
(f) information that spreads rumors, disrupts social order, or undermines social stability;
(g) information that spreads obscenities, pornography, gambling, violence, murder, terrorism, or abets crimes;
(h) information that is insulting or defamatory or infringes upon the legitimate rights and interests of others;
(i) information that infringes upon the legitimate rights of others such as intellectual property rights and trade secrets;
(j) any information that may go against good faith, public order, or good morals, or any information that is prohibited by laws and regulations.
Any consequence caused by your violation of this provision, including but not limited to legal liabilities and indemnity to the damaged subject, shall be borne by yourself.

6. Disclaimer and limitation of liability
This Service is for your personal use only and shall not be provided to any third party. This software, documentation, and content are provided "as is". vivo does not make any representations or warranties, whether express or implied, including but not limited to representations and warranties regarding product merchantability and applicability of special purposes, as well as those regarding the following circumstances:
1) this Service will satisfy your specific needs; 2) this Service will be provided in a non-stop, timely, and secure manner without any faults; 3) all the information you obtain from using this Service is correct or reliable; 4) any faults or errors as part of this Service will be fixed.
vivo shall not assume any liabilities for any errors or illegal/non-compliant use of any services, performance, or functionality provided by vivo. You shall comply with all effective laws when using any performance, functionality, or services provided by vivo.

7. Suspension or termination of this Agreement
This Agreement may be suspended or terminated in the following circumstances:
(a) You request to terminate this Service and uninstall the software;
(b) You have violated or vivo reasonably believes that you have violated or are suspected of violating the requirements of laws and regulations or any content as stipulated in this Agreement, including the license restrictions, your undertakings and warranties, etc.;
(c) vivo suspends or terminates this Service as required by laws and regulations or relevant national authorities;
(d) A force majeure event or unpredictable technical issue occurs (including but not limited to cyberattacks, network failures, virus infection, or other incidents that affect the normal operation of the internet);
(e) This Service should be suspended or terminated due to other circumstances as required by laws and regulations, or irresistible cause or business realignment of vivo.
In the event of any of the above circumstances,
(a) vivo has the right to suspend or terminate the license granted to you, or take other restrictive measures in accordance with this Agreement;
(b) any provisions in this Agreement that expressly or by their nature survive the termination of this Agreement will continue to be effective subsequent to its termination until they are satisfied or expire by their nature.

8. Applicable laws and governing terms
Unless otherwise specified by the laws at your location, this Agreement shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to conflict of law principles. You agree to the jurisdiction by and venue in the Dongguan No. 2 People's Court, and waive any objection to such jurisdiction or venue. If the People's Court rules that any provision or any part of the provisions in this Agreement is unenforceable for whatever reason, the remaining provisions shall remain in full force and effect.

9. Updates to the Agreement
This Agreement shall come into effect from the date of it being released or updated. Both vivo and all users who have enabled and used this Service shall be bound by this Agreement.
vivo has the right to change the service terms (including modifying, adding, or deleting relevant terms) from time to time based on its operating conditions, the market environment, and other factors. Once the service terms have been changed, vivo shall update and display the updated version on relevant pages. If you do not agree to the changes to the terms, you can stop using this Service. By continuing to use the services provided by vivo, you have accepted all changes to the terms.

10. How to contact us
If you have any questions, comments, or suggestions, please call our customer service hotline at 400-678-9688, or visit https://www.vivo.com to contact us via our online service agents.

11. General terms
(1) All headings in this Agreement are intended solely for convenience and ease of reference and shall not have any effect on the interpretation of any provision in this Agreement.
(2) If any provision in this Agreement is held to be fully or partially invalid or unenforceable for whatever reason, the remaining provisions herein shall remain valid and binding.
(3) No content herein shall be deemed or construed to create a partnership or agency relationship between you and vivo.
(4) vivo has the right to interpret the provisions in this Agreement within the scope permitted by laws and regulations.

Copyright ©2016-present vivo Mobile Communication Co., Ltd. All Rights Reserved.
Registered address: No. 168, Jinghai East Road, Chang'an Town, Dongguan City, Guangdong Province, People's Republic of China
Last updated: November 9, 2020