Terms of Use

Preamble

Welcome to using [ITEL DEVICE]!

ITEL MOBILE LIMITED and its global affiliates (hereinafter referred to as "ITEL" or "we") hereby remind you to read and understand these Terms of Use (hereinafter referred to as "this Agreement"). For proper use of ITEL system and software (hereinafter collectively referred to as the "Software") and ITEL services (hereinafter collectively referred to as the "Service"), please read carefully and fully understand the terms and conditions herein, especially the Usage Rules section, and choose to accept or not to accept (children should be accompanied by a legal guardian when reading). The Usage Rules may be highlighted in bold to grab your attention. Unless you have read and accepted all the terms of this Agreement, you have no right to download, install or use this Software and Service.

In order to improve your user experience or enhance product safety performance, we will continue to work hard to develop new software and services, and provide you in a timely manner with software updates (including but not limited to software version upgrades, modifications, and functional perfection) or repairs. This Agreement may be updated by ITEL at any time, and the updated terms will be announced on ITEL devices and take effect from the effective date of the revised Agreement. Your continued download, installation, use, login and other acts will be deemed as you having read and agreed to be bound by the updated Agreement.

1. This Software and Service

1.1 ITEL system: refers to the custom operating system independently developed by ITEL based on Google Android or an operating system of another brand. The ownership of this system belongs to ITEL. (1) information including but not limited to codes stored on the device and other embedded software, documents, interfaces, contents and fonts provided to you via ITEL device and any material protected by the copyright of ITEL or its licensor; (2) updates or upgrades to the software described in (1).

1.2 Software: refers to the system application program independently developed by ITEL that comes with ITEL system.

1.3 Service: refers to the related various services provided by ITEL to users through this Software.

1.3.1 You may enjoy browser, recording, calculator, weather, file management, download, notepad, phone, SMS, camera, photo, address book, Bluetooth and other functions. The specific services provided are subject to the ITEL device you purchased;

1.3.2 You may use this Service through mobile phones, tablets and other terminals launched by ITEL. At the same time, ITEL will continue to enrich the form of terminals for users of this Service.

1.3.3 When you use ITEL devices, some software and services have separate user agreements or other rules. Please read them carefully before using the abovementioned software or services.

ITEL reserves the intellectual property rights to this Software and Service and all related information content (including but not limited to UI interface design, pictures, fonts, audio, etc.). The above intellectual property rights, including but not limited to copyright, trademark and patent, are protected by respective laws and regulations and relevant international treaties. ITEL grants you a personal, non-transferable and non-exclusive license to use this Software and Service. You may install, use, display, and run the Software and Service on an ITEL device for non-commercial purposes. For matters not expressly authorized in this Agreement, such as commercial sales, reproduction, and permission for any third party to use this Software, you should separately obtain a formal written permission from ITEL.

2. Usage Rules of This Software and Service

2.1 You understand and agree that when you choose to use an ITEL device you should abide by the rights and obligations stipulated in this Agreement.

2.2 As ITEL may develop multiple versions of software for different devices, you should choose the appropriate software for download and follow the tips to install correctly.

2.3 In order to improve your user experience, we will continue to work hard to develop new software and services, and provide you in a timely manner with software updates (including but not limited to software version upgrades and functional perfection) or repairs. In order to facilitate your experience of a better service by the ITEL device, this Software may enable automatic upgrade and update function for you by default. You can choose whether to enable this function in software settings.

2.4 In order to provide services of better quality and safety, ITEL may recommend you install other software during your installation of this Software. You can choose to install them or not.

2.5 Except as clearly stipulated by laws and regulations, ITEL provides support services with existing technologies, and will do its utmost to ensure the safe, prompt, effective, accurate, reliable and continuous operation of this Software and Service, but with the limitation of the existing technology, the condition may be affected by various unstable factors, therefore ITEL disclaims all warranties and guarantees with respect to the continuity, timeliness, security, integrity and accuracy of this Software and Service. ITEL does not assume any responsibility with respect to your inability to receive or send messages, make or receive calls, make appropriate settings or other operations during your use of this Software and Service incurred as a result of circumstances including but not limited to the following:

2.5.1 Inability to use the Software or Service interruption due to hacker attacks, virus and other information security incidents, software security, instability of the communication line system, government acts, or other force majeure events;

2.5.2 Inability to use the Software or Service interruption due to the invoking of a third-party interface to satisfy your needs for using specific software or services;

2.5.3 Inability to use the Software or Service interruption due to your voluntary downloading of any third-party software or use of third-party services;

2.6 You understand and agree that ITEL may suspend, interrupt or stop the provision of this Software and Service based on its own business development or as required by judicial, regulatory and supervisory authorities.

2.7 Your use of this Software and Service will consume your device, bandwidth, traffic and other resources. Fees for the above resources such as purchasing an ITEL device, Internet access fees, SMS fees, and payment for the Software's value-added services shall be borne by yourself.

2.8 Unless permitted by applicable law and with the written authorization of ITEL, you may not use or otherwise export or re-export this Software and Service.

3. Considerations on Your Use of This Software and Service

3.1 You fully understand and agree: when you use a specific service of this Software, relevant permissions and interfaces of your device may be required in order to achieve the corresponding features, while a separate user agreement may also be required for certain services. Please read the aforementioned relevant agreements and rules carefully before using this service;

3.2 ITEL has the right to display all kinds of information to you in the process of providing this Service, including but not limited to prompts for authorization, advertising information and promotional information, etc. The information may appear in the form of system messages or pop-up windows. If you do not agree to receive certain information, you can cancel the relevant service, which may eventually lead to unavailability of the relevant service function;

3.3 You understand and agree: ITEL will make commercially reasonable efforts to protect your data storage security during your use of this Service, but ITEL cannot provide a complete guarantee, including but not limited to the following situations:

3.3.1 ITEL is not responsible for your deletion or storage failure of relevant data in this Software and Service;

3.3.2 ITEL has the right to decide at its discretion the longest storage period of your data in this Software and Service and the maximum storage space of data in the device based on actual situations, and you may back up relevant data in this Software and Service by yourself according to your own needs;

3.4 When you use this Service, the specific content displayed may differ depending on the version of the Software you use. You understand and agree: when you are using a certain version of this Software or entering the relevant pages of an application developed by ITEL, in order to provide you with a better service experience, the necessary information such as the installation location, size, and UI interface of the installed application on your terminal device may be adjusted, depending on the actual version provided by ITEL.

3.5 When you use this Software and Service, you must not carry out the following acts, including but not limited to:

3.5.1 Releasing, transmitting, spreading or storing contents which violate laws and regulations, policies, public order and good custom, and social ethics, such as insults, defamation, violence, or violation of religion, etc; releasing, transmitting, spreading or storing fabricated information or advertising information for the purpose of misleading or deceiving others;

3.5.2 Renting, lending, copying, modifying, linking, reprinting, compiling, issuing or publishing this Software and similar acts;

3.5.3 Jailbreaking, reverse engineering, disassembling, decompiling, or otherwise attempting to destroy this Software; or, accessing or disturbing this Software by the use of plug-ins, add-ons, or third-party tools/services that are not authorized by ITEL;

3.5.4 Copying, modifying, adding, deleting, operating in the form of mounting, or creating any derivative works of data of the Software, data released into any terminal memory in the course of the operation of the Software, interactive data of the client and server side in the course of the operation of the Software, and system data necessary for the operation of the Software; or adding, deleting or changing the functions or operative effect of software by modifying or fabricating the instructions and data that occur in the course of the operation of the software; or operating or publicly diffusing the software and method used for the above purposes, whether commercially or otherwise;

3.5.5 Carrying out other acts which violate laws and regulations, policies, public order and good custom, and social ethics or acts which are not authorized by ITEL in writing.

3.6 You fully understand and agree that, if you need to register an account when using this Software, you will be responsible for keeping the security of the registered account information and account password properly, and you will be responsible for all acts that occur under the account you registered with the ITEL device, including any contents that you publish and any consequences arising therefrom.

3.7 You shall judge by yourself contents that you have access to in using this Service and bear the risks arising from the use of such contents, including risks arising from the dependence upon the correctness, completeness or practicability of the contents. ITEL is unable to and will not bear any responsibility for any loss or damage suffered by you due to the above risks.

3.8 If ITEL finds or receives a report from others that you violated the terms of this Agreement, ITEL shall have the right at any time without notice to: delete and shield relevant contents; suspend or terminate your use of the corresponding ITEL account or all of the Service; investigate legal responsibility and take other measures. If you violate any terms of this Agreement, thus causing damage to any third party, you shall solely bear all responsibilities arising therefrom and compensate ITEL for any losses suffered by ITEL arising therefrom (including but not limited to possible administrative penalties, lawyer fees, and investigation and evidence collection fees).

4. Software and Services Provided by Third Parties

4.1 In order to facilitate your use of the ITEL device, this Software may use third-party software or services, and the results of such use and access are provided by the third party (including but not limited to the services and contents provided by the third party that you jump to through this Service, or accessed by said third party through ITEL's open platform). In addition to the terms of this Agreement, you shall comply with the user agreements of third parties in using software or services provided by third parties on the ITEL device. ITEL cannot guarantee the security, accuracy and validity of the services and contents provided by third parties and other uncertain risks, and you shall solely bear relevant risks and responsibilities arising therefrom.

4.2 Regardless of whether the third-party software or services are pre-installed in the ITEL device, or you activate or subscribe to such software or services yourself, you understand and agree that ITEL cannot provide any express or implied guarantee with respect to the security, accuracy and validity of the services and contents provided by third parties and other uncertain risks.

4.3 Any dispute between you and the above third party who provides software and services shall be settled by you and the third party, and you shall bear relevant responsibilities if any.

5. Special Considerations for Children

Children (laws of different countries or regions have their own threshold when defining the age of children, we will define children mainly based on the laws and regulations of the country or region where the business is located) are not allowed to use our software or services unless with the consent and guidance of their legal guardians and where permitted by relevant laws and regulations.

6. Privacy Policy

ITEL pays attention to the protection of your personal data and has made the privacy policy. The privacy policy states the detailed information of the way ITEL collects, stores, and uses your personal data. For details, please refer to "Privacy Policy".

7. Liability for Breach of Contract

ITEL has the right to judge whether a user's behavior complies with the terms of this Agreement. If a user is deemed to have violated relevant laws and regulations or the provisions of this Agreement or related rules, based on the severity of the user's violation, ITEL shall have the right to delete the content in violation, limit, suspend or terminate the user's use of this Software and Service, investigate the user's legal responsibility and take other measures that ITEL considers appropriate. For any losses suffered by ITEL arising therefrom (including but not limited to claims received from any third party or any administrative penalties, investigation and evidence collection fees, and lawyer fees), the user shall solely bear all responsibilities.

8. Dispute Resolution

The formation of this Agreement, its effectiveness, performance, interpretation and settlement of disputes shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China (without the conflict laws). Any dispute or controversy between you and ITEL based on this Agreement shall be first settled through friendly consultation. If no settlement can be reached through friendly consultation, you agree that such a dispute or controversy shall be submitted to the Hong Kong International Arbitration Center for settlement. The place of arbitration is Hong Kong, China, and the arbitration language is English.

9. Others

9.1 The headings of all terms of this Agreement are for ease of reading only, have no actual meanings themselves, and shall not be used as a basis for interpreting the meanings of this Agreement.

9.2 If any terms of this Agreement become invalid or unenforceable partially for any reasons, the remaining terms hereof shall still be valid and binding on both parties.

9.3 If this Agreement is made in English, Arabic and other languages, and if there is any discrepancy, the English version hereof shall prevail.

9.4 This Agreement was updated on June 30, 2020