Clouclip designs products and tools that help you locate your children’s eye-using problems which might lead to myopia (shortsightedness) development, and empower you to help your children with professional guidance. These Terms of Service (“Terms”) apply to your access and use of the Clouclip Service, which is provided to you by Hangzhou JingZhiJing Technology Co. LTD. (“Clouclip”). The “Clouclip Service” includes our devices including associated firmware, applications, software, websites, APIs, products, and services. Clouclip and its affiliates are referred to as “Clouclip,” “we,” “us,” or “our” in these Terms. You must accept these Terms to create a Clouclip account and to access or use the Clouclip Service. If you do not have an account, you accept these Terms by using any part of the Clouclip Service. If you do not accept these terms, do not create an account or use the Clouclip Service.
1. READ OUR PRIVACY POLICY
For information about our data practices, please see our Privacy Policy, including our Cookie Use statement. By accessing or using the Clouclip Service, you agree that we can collect and use your information in accordance with the Privacy Policy.
2. USE OF THE CLOUCLIP SERVICE
Clouclip devices are designed for juveniles with myopia risks. Our software (App and other software products), which interact with the devices, are designed for parents and professionals. Persons under the age of 13, or the equivalent minimum age in the relevant jurisdiction, are not permitted to access or use the Clouclip software unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the Clouclip Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the Clouclip Service.
You may only connect to the Clouclip Service using (i) a device that is manufactured, distributed, or sold by Clouclip itself or through its authorized resellers or agents; (ii) our mobile applications and software, or approved third-party applications, software, or devices; or (iii) our websites (“Authorized Connections”). You may not connect to the Clouclip Service with any device that is not manufactured, distributed, or sold by Clouclip itself or through its authorized resellers or agents (such as a knock off or counterfeit version of a Clouclip device); otherwise intends to resemble or purports to be a Clouclip device; or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Clouclip Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact CSD@clouclip.com.
3. CREATING AN ACCOUNT
Full use of the Clouclip Service requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. Clouclip is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact CSD@clouclip.com if you discover or suspect any security breach related to the Clouclip Service or your account.
4. NECESSARY EQUIPMENT
Full use of the Clouclip Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Clouclip Service and it is your responsibility to ensure the equipment’s functionality.
5. POSTING YOUR CONTENT ON THE CLOUCLIP SERVICE
Clouclip may enable you to post, upload, store, share, send, or display photos, images, video, data, text, music, optometric data, comments, and other information and content (“Your Content”) to and via the Clouclip Service. You retain all rights to Your Content that you post to the Clouclip Service. By making Your Content available on or through the Clouclip Service you hereby grant to Clouclip a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section 5 are only for the limited purpose of offering and improving the Clouclip Service.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.
You represent and warrant that Your Content, the use and provision of Your Content on the Clouclip Service, and your use of the Clouclip Service will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Clouclip Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Clouclip Service, or which may expose us or our users to any harm or liability of any type.
Clouclip may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Clouclip Service.
6. PRIVACY POLICY
INFORMATION WE COLLECT
When you use our Services, we collect the following types of information.
INFORMATION YOU PROVIDE US
ACCOUNT INFORMATION
Some information is required to create an account on our Services, such as your name, email address, password, date of birth, gender, optometry data, and in some cases your mobile telephone number. You may also choose to provide other types of information, such as a profile photo, community username, and messages on discussion boards or to your friends on the Services.
INFORMATION WE RECEIVE FROM YOUR USE OF OUR SERVICES
CLOUCLIP DEVICE INFORMATION
Your device collects data to estimate a variety of metrics like the distance your child read in, duration your child read, duration your child exposes in sunlight, environmental light illuminance, reading angle. The data collected varies depending on which device you use. When your device syncs with our applications or software, data recorded on your device is transferred from your device to our servers.
USAGE INFORMATION
When you access or use our Services, we receive certain usage data. This includes information about your interaction with the Services, for example, when you view or search content, install applications or software, create or log into your account, pair your Clouclip device to your account, or open or interact with an application on your Clouclip device
We also collect data about the devices and computers you use to access the Services, including IP addresses, browser type, language, operating system, Clouclip or mobile device information (including device and application identifiers), the referring web page, pages visited, location (depending on the permissions you have granted us), and cookie information.
HOW WE USE INFORMATION
We use the information we collect to provide and support our Services and make them better for all our users. Here’s how:
PROVIDE, IMPROVE, AND DEVELOP SERVICES
Using the information we collect, we are able to deliver the Services, improve them, and research and develop new ones. For example, we use the information to provide you with the Services you request; understand how you and other users interact with the Services; track behavioral data, activity, and other trends; provide customer support; troubleshoot and protect against errors; perform data analysis and testing; conduct research and surveys; and develop new features and Services.
We may also use your information to help you find and connect with other users and to allow other users to find and connect with you on the Services. For example, your account contact information allows other users to add you as a friend. When another user has your email or mobile phone number in their contact list or in their friend network on a connected service, we show that user that you are a user of the Services.
When you allow us to collect location information, we use that information to provide and improve features of the Services.
PERSONALIZE SERVICES
We use the information we collect to personalize the Services, make inferences, and show you more relevant content. Here are some examples:
COMMUNICATE WITH YOU
We use your information to send you Service notifications and inform you of new features or products we think you would be interested in. You can control marketing communications and most Service notifications by using your notification preferences in account settings . We also use your information to respond to you when you contact us.
PROMOTE SAFETY AND SECURITY
We use the information we collect to promote the safety and security of the Services, our users, and other parties. For example, we may use the information to authenticate users, facilitate secure payments, protect against fraud and abuse, respond to a legal request or claim, conduct audits, and enforce our terms and policies.
We use cookies and similar technologies to provide, support, and improve our Services as described above. For more information, please read our Cookie Use statement.
HOW INFORMATION IS SHARED
We do not share your personal information except in the limited circumstances described below.
FOR EXTERNAL PROCESSING
We transfer information to our corporate affiliates, service providers, and other partners who process it for us, based on our instructions, and in compliance with this policy and any other appropriate confidentiality and security measures. These partners provide us with services globally, including for customer support, information technology, payments, sales, marketing, data analysis, research, and surveys.
FOR LEGAL REASONS OR TO PREVENT HARM
We may preserve or disclose information about you to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical safety of any person.
Please note: Our policy is to notify you of legal process seeking access to your information, such as search warrants, court orders, or subpoenas, unless we are prohibited by law from doing so. In cases where a court order specifies a non-disclosure period, we provide delayed notice after the expiration of the non-disclosure period. Exceptions to our notice policy include exigent or counterproductive circumstances, for example, when there is an emergency involving a danger of death or serious physical injury to a person.
We may share non-personal information that is aggregated or de-identified so that it cannot reasonably be used to identify an individual. We may disclose such information publicly and to third parties, for example, in public reports about exercise and activity, to partners under agreement with us, or as part of the community benchmarking information we provide to users of our subscription services.
If we are involved in a merger, acquisition, or sale of assets, we will continue to take measures to protect the confidentiality of personal information and give affected users notice before transferring any personal information to a new entity.
HOW TO ACCESS OR DELETE YOUR PERSONAL INFORMATION
We provide you with account settings and tools to access and manage the personal information associated with your account. You can also download certain account information, including data about your activities, body, foods, and sleep, through your account settings.
We store information associated with your account until your account is deleted. You can delete your account at any time by contacting CSD@clouclip.com. Please note that it may take a bit of time to delete your account information, and we may preserve it for legal reasons or to prevent harm, including as described in the How Information Is Shared section.
ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS
We work with partners who provide us with analytics and advertising services. This includes helping us understand how users interact with the Services, serving ads on our behalf across the internet, and measuring the performance of those ads. These companies may use cookies and similar technologies to collect information about your interactions with the Services and other websites and applications. To learn more and about your privacy choices, please read our Cookie Use statement. OUR POLICIES FOR CHILDREN
We appreciate the importance of taking additional measures to protect children’s privacy. Persons under the age of 13, or the equivalent minimum age in the relevant jurisdiction, are not permitted to create accounts unless their parent has consented in accordance with applicable law. Parents who would like to have any information regarding their children deleted may contact us at CSD@clouclip.com.
INFORMATION SECURITY
We work hard to keep your data safe. We use a combination of technical, administrative, and physical controls to maintain the security of your data. This includes using Transport Layer Security (“TLS”) to encrypt many of our Services. No method of transmitting or storing data is completely secure, however. If you have a security-related concern, please contact CSD@clouclip.com.
CHANGES TO THIS POLICY
We will notify you before we make material changes to this policy and give you an opportunity to review the revised policy before deciding if you would like to continue to use the Services.
7. CLOUCLIP’S RIGHTS
“Clouclip Content” includes any photos, images, graphics, video, audio, data, text, music, eye-using behaviors, analysis results, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Clouclip Service. Clouclip Content, the Clouclip Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the People's Republic Of China and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Clouclip Service. Our logos and any other Clouclip trademarks that may appear on the Clouclip Service, and the overall look and feel of the Clouclip Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Clouclip Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
8. WHAT YOU CAN DO ON THE CLOUCLIP SERVICE
The Clouclip Service is intended for your personal, non-commercial use.
Clouclip grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Clouclip Service, (2) access and view the Clouclip Content, (3) access and use the software and mobile applications provided by the Clouclip Service, and (4) use the software that is embedded into Clouclip devices as authorized in these Terms. This license is provided solely for your personal, non-commercial use and enjoyment of the Clouclip Service as permitted in these Terms.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Clouclip Content, Clouclip Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Clouclip or its licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Clouclip Service: (1) use, display, mirror, or frame the Clouclip Service or any individual element within the Clouclip Service, including the layout and design of any page, without Clouclip’s express written consent; (2) use Clouclip’s name, any Clouclip trademark or logo, or any Clouclip proprietary information without Clouclip’s express written consent; (3) access or tamper with non-public areas of the Clouclip Service, Clouclip’s computer systems, or the technical delivery systems of Clouclip’s providers; (4) test the vulnerability of any Clouclip system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Clouclip or any of Clouclip’s providers or any other third party (including another user) to protect the Clouclip Service; (6) access the Clouclip Service or Clouclip Content through the use of any mechanism other than through the use of an Authorized Connection, Clouclip Service, or Clouclip API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Clouclip provides to you or any other part of the Clouclip Service.
9. HYPERLINKS
You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the Clouclip Service for noncommercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in Clouclip’s sole discretion.
10. OUR ENFORCEMENT RIGHTS
We are not obligated to monitor access or use of the Clouclip Service, Clouclip Content, or Your Content or to review or edit any Clouclip Content or Your Content, but we have the right to do so for the purpose of operating the Clouclip Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.
We reserve the right (but are not required) to remove or disable access to the Clouclip Service, any Clouclip Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Clouclip Content, Your Content, or your use of the Clouclip Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Clouclip Service, and in response may take any action we may deem appropriate.
11. USE THE CLOUCLIP SERVICE AT YOUR OWN RISK
If you rely on any Clouclip Content or the Clouclip Service, you do so solely at your own risk.
Our goal is to provide helpful and accurate information on the Clouclip Service, but we make no endorsement, representation, or warranty of any kind about any Clouclip Content, information, or services. The accuracy of the data collected and presented through the Clouclip Service is not intended to match that of medical devices or scientific measurement devices.
Use of the Clouclip Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your use of the Clouclip Service.
12. CONSULT YOUR DOCTOR BEFORE USING THE CLOUCLIP SERVICE
The Clouclip Service is not intended to diagnose, treat, cure, or prevent any disease. If you experience a medical emergency, stop using the Clouclip Service and consult with a medical professional. We are not responsible for any health problems that may result from programs, consultations, products, or events you learn about through the Clouclip Service. If you engage in any training program you receive or learn about through the Clouclip Service, you agree that you do so at your own risk and are voluntarily participating in these activities.
Clouclip devices are not designed for skin contact. If you don’t use the device in the recommended way, you will be in your own risk.
13. FEEDBACK AND SUBMISSIONS POLICY
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Clouclip, or obtained from sources other than you. Our Feedback and Submissions Policy is also part of the Terms.
14. CONTESTS AND GIVEAWAYS
Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by Clouclip or its partners. It is your responsibility to carefully review those terms and conditions.
15. ALERTS AND NOTIFICATIONS
As part of your use of the Clouclip Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Clouclip Service by using your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
16. THIRD-PARTY SERVICES
The Clouclip Service may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third-Party Services”) that are not under Clouclip’s control. This may include the opportunity for you to link your Clouclip account, Clouclip data, or the Clouclip Service with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Clouclip Service, such as third party applications accessed on Clouclip devices, are not part of the Clouclip Service and are not controlled by Clouclip, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the Clouclip Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.
17. CHANGES TO THE CLOUCLIP SERVICE
Clouclip may change or discontinue, temporarily or permanently, any feature or component of the Clouclip Service at any time without notice. Clouclip is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the Clouclip Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Clouclip products without prior notice to you.
18. TERMINATION
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Clouclip Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting Customer Support. Upon any termination of these Terms or suspension, termination, or discontinuation of the Clouclip Service or your account, the following provisions of these Terms will survive: Sections 1, 6, 9, 10, 11, 13, 14, 15,16, 17, 18, 19, 20, 21.
19. DISCLAIMERS
THE CLOUCLIP SERVICE AND CLOUCLIP CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE CLOUCLIP SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Clouclip Service or Clouclip Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Clouclip Service or any Clouclip Content.
20. INDEMNITY
You will indemnify and hold harmless Clouclip or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Clouclip Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
21. GENERAL TERMS
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Clouclip and you regarding the Clouclip Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Clouclip and you regarding the Clouclip Service and Clouclip Content.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Clouclip Service. When you use the Clouclip Service after a modification becomes effective, you are telling us that you accept the modified Terms.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Clouclip’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Clouclip may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Clouclip under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the Clouclip Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Clouclip’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Clouclip. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
22. ADDITIONAL TERMS MAY APPLY
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
CONTACT US
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
Hangzhou JingZhiJing Technology Co. LTD.
9F, Building D, Paradise Software Park, No.3 Xidoumen Road, Xihu District, Hangzhou, China
CSD@Clouclip.com