RunnerKit User Agreement
Last updated: January 2, 2020
1 About Us
“The RunnerKit app and its related technologies and functions (collectively, the "Services") are operated by FujianEZONInformationTechnologyCo.,Ltd In this Agreement, "you" and "user" refer to any individual who uses and/or accesses the Services.
2 Purpose of the Agreement
This user agreement, our privacy notice and statement (which you can view by going to Me > About > RunnerKit User Agreement and Statement About RunnerKit and Privacy in the RunnerKit app), and other policies published through the Services (collectively, the "Agreement") are the terms applicable to you with use of, and access to, the Services. The Agreement tells you who we are, how we will provide the Services to you, what activities are permitted or not permitted, on or in connection with the Services, what to do if there is a service issue and other important information. Please read the Agreement carefully. By using the Services, you are entering into a binding legal agreement with us. If you do not accept the Agreement, you must not use the Services.
3 Eligibility
You must be 18 years of age or older, or have reached the age of majority for the legal jurisdiction that you reside in to access and use any of the Services. If you are under the age of 18 years, your parent or legal guardian must agree to the terms of the Agreement on your behalf in order for you to use the Services.
4 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, the Agreement.
You must have a EZON ID to access or use the Services.
5 Services
The Services are provided through the RunnerKit app and Ezon cloud, and used to record, monitor, and analyze your fitness and health data, and provide sports and wellness guidance. The main features are as follows:
(a) EZON ID login: To manage your fitness and health data, you need to register and log in to your EZON ID.
(b) Managing wearables and health devices: This feature supports the management of EZON bands, watches, certain brands of body fat scales, blood glucose monitors, blood pressure monitors, and other devices. Once paired with your phone, you can easily use, configure, and update your wearables and health devices, and check your fitness and health data in RunnerKit as the data is synced to your phone in real time.
(c) Managing personal data: You can edit your nickname, profile picture, gender, age, height, weight, and other personal information on the RunnerKit app, and save the information locally or on EZON cloud.
(d) Recording fitness data: You can record your daily exercises, including walking, running, and cycling, as well as track your exercise route through the RunnerKit app. Ensure that the permission to access your location is allowed before enabling the recording of your exercise route.
(e) Managing health data: You can measure, record, and display health-related data including sleep, heart rate, body fat, blood sugar, SpO2, and blood pressure on the RunnerKit app after pairing your wearables or health devices.
(f) News recommendation: This feature provides you with relevant fitness and health information, products, and services through the startup page, notifications, news cards and smart cards. It also provides you with personalized message recommendations.
(g) Smart ranking: People you add as friends on the RunnerKit app will be ranked based on their daily steps and other fitness data.
(h) Incentive system: Virtual medals are awarded based on your fitness data, health data, and big data rankings, as well as weekly, monthly, and annual fitness reports.
(i) User experience improvement: To help us improve product quality and user experience, we need you to share your usage data of your RunnerKit app and paired devices. This includes the pages you opened and buttons you touched in the app, as well as the operating status of app and device features.
(j) Problems and suggestions: To report any problems or to provide suggestions, you can touch Problems and suggestions on your RunnerKit app, and upload relevant logs if any.
(k) Workout plans: This feature provides you with instructional workout videos, such as firm ab exercises, hunchback improvement, fat burning, and abdominal muscle training.
6 Third-party Services
The RunnerKit app includes a number of services provided by thirdparty service providers, such as Heartide Stress, fat burning by Boohee, insurance by Zhong'an, insurance by Ping An, sleep selection, Codoon online competition, More Health, QQ Health, WeRun, Alipay Ant Forest, MyFitnessPal, Google Fit, and Apple HealthKit. By using a thirdparty service, you agree to enter into a contract (hereinafter referred to as "thirdparty contract") with the third parties. EZON shall not be a party in a thirdparty contract. Therefore, we strongly recommend that you carefully read thirdparty contracts and their privacy statements. EZON is not entitled nor obligated to control or censor the content of thirdparty products or services, and therefore, shall not assume liabilities in the event that your rights and interests are infringed upon as a result of using such products or services. EZON shall not bear responsibility for the content or usability of any thirdparty product or service, nor does it in any way endorse for any thirdparty content, advertisements, products, services, or any other information provided by third parties through the Services. You shall assume all legal liabilities in the event of failure to comply with applicable third-party user agreements and/or privacy policies.
Any disputes arising from thirdparty products or services downloaded and used on or through the services shall be resolved by the thirdparty service provider, and EZON shall not assume any liabilities. EZON does not provide customer support for any thirdparty software or technologies. If you need support, please contact the third-party service provider.
Thirdparty service providers shall bear full responsibility for their products, services, content, and guarantees. In the event of a dispute, the thirdparty product or service guarantee, or the agreement pertaining to the app in question, or any applicable clauses in other agreements shall prevail.
7 Account Security
You must keep your EZON ID username and password, EZON In-App Purchases (IAP) password (hereinafter referred to as "Account and Transaction Information") 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 and Transaction Information to a third party.
If you think that someone else might be using your Account and Transaction Information, you should let us know immediately using the contact information in Section 20 "Contacting Us". You must not use anyone else's EZON ID to access the Services. You must take appropriate steps to protect your Account and Transaction Information to prevent unauthorized use by third parties.
8 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 the 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, profane, pornographic, invasive of privacy or otherwise objectionable in relation to your use of the Services including without limitation, anything that facilitates illegal activity, depicts sexually explicit images, promotes violence, is discriminatory, is illegal or which could or does cause damage or injury to any person or property, could give rise to any civil or criminal liability under applicable laws, including, without limitation, any material that you are not entitled to post or transmit, or where such posting or transmission is in breach of any duty of confidentiality and/or third party intellectual property rights.
You hereby agree and undertake:
(a) 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;
(b) Not to gain or attempt to gain unauthorized access to or impair any aspect of the Services or their related systems or networks;
(c) Not to disassemble, decompile, reverseengineer 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;
(d) Not to distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services;
(e) 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;
(f) Not to impersonate any person or falsely state or otherwise misrepresent your affiliation with a person or entity;
(g) Not to use the Services (or any part(s) thereof) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the 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;
(h) Not to infringe our intellectual property rights or those of any third party in relation to your access and/or use of the Services;
(i) Not to collect the users' information, or otherwise access the Services or our systems, using automated means or attempt to decipher any transmissions to or from the servers running the Services;
(j) Not to develop, support or use software, devices, scripts, 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;
(k) Not to commercially exploit the Services without our prior written consent;
(l) Not to use the Services to engage in any illegal business transactions, such as selling firearms, drugs, illegal substances, pirated software or other prohibited items;
(m) Not to provide gambling information or encourage others to gamble through any means;
(n) Not to engage in money laundering, illegal cash advances, or pyramid selling schemes;
(o) Not to attempt, facilitate or encourage any violations of the Agreement (or any part(s) thereof);
(p) 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 EZON Content (defined below) or data.
9 Using EZON Content
EZON and/or its licensors retain all right to the information, including but not limited to text, videos, audio, pictures, icons, applications, designs, software, scripts, programs, copyrights, trademarks, trade names, logos, and other materials and services available on or through the Services, including its look and feel (collectively, "EZON Content"). Your access 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 the Agreement.
You may not make alterations, copies, extractions, modifications or additions to EZON Content, or sell, copy, disseminate or license it, or misuse EZON Content in any way. If you want to re-publish, extract, reproduce, disseminate or otherwise use any EZON Content, you must contact us in advance and obtain our prior written permission except if otherwise expressly provided in the Agreement. This is without prejudice to any rights you may have under applicable mandatory laws.
If you believe that the Services or any part of the Services infringes any copyright, trademark, patent, trade secret or other intellectual property right, or if you have other concerns regarding the Services, please notify us using the contact information in Section 20 "Contacting Us".
10 Your Content
You will continue to retain ownership of your content for the text, documents, pictures, photos or other information you upload, publish, or otherwise transmit to or through the Services (collectively, "Your Content"); you are fully responsible for Your Content.
11 Monitoring the Services
You acknowledge and understand that, in accordance with applicable laws and regulations, we reserve the right to take necessary measures for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Agreement and to comply with applicable laws or any order or requirement of a court, consent decree, administrative agency or other governmental body.
12 Privacy and Data Collection
In order to provide you with a more robust service and help ensure the security of your transactions, EZON will collect and process your personal information in accordance with the privacy notice and statement about the Services.
13 Disclaimer
The Services are for your sole use only and must not be used by any third party. You agree that EZON and its affiliates, officers, directors, employees, contractors, agents, third-party payment providers, partners, licensors and distributors (collectively "EZON Parties") are not liable for any loss caused by any unauthorized use of 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. You agree that the EZON Parties will not be liable for any claim arising from or related to such interruption, delay, disruption or similar failure.
To the maximum extent permitted by applicable laws, the EZON Parties are not liable to you or to anyone else for any damages if you are unable to access or use the Services due to:
(a) Any suspension or termination of the Services by EZON to enable maintenance work or updates to systems, software or hardware to be carried out;
(b) Any delay or failure of a system or network communication that is owned or controlled by someone other than EZON;
(c) Any suspension, cancellation or termination of any contract or other arrangements between EZON and any of its third-party payment service providers;
(d) Any errors or interruption due to hacker attacks or similar security breaches;
(e) Any other reason beyond EZON's 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, the EZON Parties disclaim all warranties, conditions or other terms of any kind express or implied and make no guarantee, undertaking, representation or warranty:
(a) in connection with the completeness, or accuracy, reliability or timeliness of any of the content made available on or through the Services;
(b) that the Services or the server(s) they are hosted on are free from defects, errors, viruses, bugs or other harmful elements;
(c) that any defects in the operation or functionality of any Services will be corrected;
(d) in connection with the specific functions of the Services, the reliability, quality or accuracy of any information obtained by you as a result of your use or access of the Services;
(e) in connection with the security or error-free nature of the Services;
(f) in connection with the Services' reliability, quality, accuracy, availability, or ability to meet your needs, provide certain outputs or achieve certain results or outcomes. The EZON Parties are not liable for any loss or damages caused in whole or in part by relying upon, using, or interpreting the Services or other information obtained through your (or any other person's) access 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. Nothing in the Agreement affects your legal rights that you are legally entitled to as a consumer and which you cannot contractually agree to alter or waive.
Termination and Suspension by EZON
Subject to applicable laws, we may temporarily or permanently suspend or cancel or impose limits on or restrict your access to parts or all of the Services at any time, without assuming liability for any individual or third party. We will endeavor to 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:
(a) If you violate, or EZON believes you are about to violate, the Agreement, including any incorporated agreements, policies or guidelines;
(b) If you, or anyone acting on your behalf, acts fraudulently or illegally, or provides EZON with any false or misleading information;
(c) In response to requests by law enforcement or other government agencies under valid legal process;
(d) In order to carry out urgent maintenance work or urgent updates to systems or hardware;
(e) Due to unexpected technical, safety, business or security reasons.
The expiry or termination of the Agreement does not affect the provisions of the Agreement that are expressed to operate or have effect after deactivation or termination and is without prejudice to any accrued rights or obligations or any rights or obligations which are intended to survive such deactivation or termination.
Any term that expressly or by its nature continues to be valid after the termination of the Agreement shall remain in full force after the termination of the Agreement until the conditions of the term are satisfied or the term expires due to its nature.
15 Changes to the Agreement
EZON is constantly innovating, changing and improving the Services. EZON may add or remove functionalities or features, create new limits to the Services, or temporarily or permanently suspend or stop one of the Services. EZON may modify the Agreement at any time based on updates to the Services.
We will inform you within a reasonable amount of time of any changes to the Services or the Agreement that will materially disadvantage the users or materially limit the access 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 practicable.
16 Governing Laws and Jurisdiction
The formation, interpretation and operation of the Agreement are governed by and construed in accordance with the laws of the People's Republic of China. You and EZON agree that the Agreement is signed in Longgang District, Shenzhen, Guangdong Province, the People's Republic of China. Any disputes arising from the performance of the contracts between the two parties shall be settled through negotiation. If the negotiation fails, either party can file a lawsuit with the people's court with proper jurisdiction in the place where the Agreement is signed.
17 General Terms
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. We are not responsible for any damage or loss 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.
Nothing in the Agreement shall be construed to create a partnership or agency relationship between you and EZON, and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
EZON is not liable for any failure or delay in performance of its obligations under the Agreement or the provision of the Services that is caused or contributed to by matters beyond EZON's reasonable control.
EZON may assign, sub-contract or novate any of our rights and obligations under the Agreement.
If any provision of the Agreement is found by a court of competent jurisdiction or any other competent authority to be void, invalid or unenforceable, it shall be deemed to be deleted from the Agreement and all other provisions of the Agreement shall remain in full force and effect.
18 Contacting Us
If you have any questions regarding the Agreement, please contact us at app@ezonwatch.com