Appsky Hong Kong Limited

Terms of Service

Effective: 2023/8/10

This Terms of Service (this “Agreement”) is a legal agreement between you (hereinafter referred to as “You” or “Your”) and Appsky Hong Kong Limited (hereinafter as “Appsky”, “we”, “our” or “us”) regarding your downloading, installation and use of our mobile software – Health Tracker(the “Software”) and related services(the “Service”).

YOUR DOWNLOADING, INSTALLATION, USE OF, AND OTHER ACCESS TO THE SOFTWARE IS CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS OF THIS AGREEMENT. Appsky has the right to modify the terms of this Agreement regarding the updates of the Software. You can check the modified version of this Agreement from the Software. You understand and agree that if you continuously use the Software after the date on which these terms have changed, Appsky will treat your use as acceptance and compliance with the updated terms.

1.Intellectual Property Policy

1.1 The Software is developed by Appsky independently. You acknowledge and agree that Appsky retains all copyrights, trademarks, patents, business secrets, including all intellectual property rights and any other related rights, titles, and interests. The Software and the related information including but not limited to written expression and combination, icons, decorative pictures, tables, colors, user interfaces, frameworks, related data, printing materials, or electronic documents, are protected by Copyright, Trademark, Patent, Anti-unfair Competition Law and relevant international agreements and other intellectual property laws and regulations.

1.2 You may not (and you may not permit anyone else to) take actions directly or indirectly that infringe or may infringe intellectual property rights and related interest of Appsky(including but not limited to exploiting, assigning the referenced intellectual property rights above or permitting anyone else to do so). Appsky reserves the right to charge the tort liabilities.

1.3 You may not (or entrust a third party), whether on non-profit purpose or not, reverse engineer, decompile or attempt to derive source code of the Software, or create derivative works of product, services, plugins, extensions, compatibility, interconnection behaviors, etc. Appsky reserves the right to charge the tort liabilities, unless you have been granted by Appsky, in writing.

2.Scope of License

2.1 Appsky gives you non-exclusive, non-assignable license to download, install and use the Software. In no way can the users use it for commercial purpose.

2.2 You may not use the Software in a way that may lead to damage, suspension, overloading or quality reduction to the Software (or server and internet connected to the Software), or in the way that may affect the Software and the Service provided to any other users.

2.3 You promise not to copy, grant a sub-license, share or sell the Software or the Service. You are fully responsible for any fees created by or rising from own factors. Appsky does not assume any liability.

2.4 Rights reserved. Appsky reserves all rights not expressly granted to you. You are required to obtain additional consent to use other software owned by Appsky.

3.Notice to End Users

3.1 You agree to use the Software in a manner permitted by this Agreement, and are solely responsible for any breach of your obligations under national laws and regulations, related policies, or this Agreement and for the consequences (including the lost and damages to the Software and any third-parties) of any such breach. You have no right to conduct following behaviors (including but not limited to):

3.1.1 Delete copyright information, content on the Software or other copies;

3.1.2 Reverse engineer, decompile or extract the source code of the Software;

3.1.3 Conduct any behaviors that jeopardize computer network security, including but not limited to: use unauthorized data or unauthorized access to server/account；enter public computer network or other's computer system to delete, modify, add stored information without permission; attempt to search, scan, test the Software system, Internet leak, or other behaviors breaking internet security; attempt to interfere, damage the Software system or website normal running, deliver the malwares or virus intentionally to damage normal internet information service; forge (part of) names of TCP/IP package

3.1.4 Sell, rent, loan, deliver, transfer or sub-license the Software and the Service, or related links, or benefit from using the Software and the Service, or barely benefit from the agreements, regardless of whether the use above brings direct economic gain or pecuniary gain;

3.1.5 Use the Software and the Service provided by Appsky in any illegal ways, for any illegal purposes, or in any other ways conflicting with this Agreement; Appsky reserves the right to terminate, fully or partially suspend, limit functional features of user's account, without prior notice, if the user has breached the terms of this Agreement. 3.2 Appsky does not assume any liability for any loss of profits or loss of data arising from the special, malicious, indirect or similar damages (but not limited to damages) due to your use of the Software.

4. Content

4.1 If you create, post, displays, submit or choose to make available any content (the “Content”) such as comments, questions and other content or information to the Software, or allow any third party to create or submit Content to the Software, you are solely responsible for the Content and any loss or damage resulting from the Content. That is the case regardless of whether the Content in question constitutes text, graphics, video, location data, or binary data.

4.2 By sharing and posting any Content through the Software and Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, produce, modify, publish, edit, translate, distribute, publicly display and make derivative works of all such Content, in whole or in part and in any form, whether now known or hereafter developed, for use in connection with the Software and Services and for our commercial, marketing, advertising, and other purposes. We have the right in our sole discretion to remove any Content that is shared via the Software and Service.

4.3 You represent and warrant that the Content you post or submit on the Software and our use thereof as contemplated by this Agreement will not violate any law or infringe any rights of any third party, including without limitation to copyright, patent, trademark, trade secret rights or rights of privacy, of any third party. We take no responsibility and assume no liability for any Content that you or any other user or third party posts or sends over the Software. You shall be solely responsible for your Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Content. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of such Content.

4.4 You agree that the Content is not pornographic content, does not contain threats or incites violence against individuals or entities, does not contain any information that is illegal, in violation of any agreement executed with us, or that you know is not correct.

4.5 On becoming aware of any potential violation of this Agreement, we reserve the right (but shall have no obligation) to decide whether Content complies with this Agreement. We may terminate your right to use the Software if Content is in violation of this Agreement, at any time, without prior notice and at our sole discretion.

5. Use by Juveniles

The Software does not directly target any juvenile users. If you are a juvenile user and decide to use the Software any way, please first seek the consent of your guardian and/or other adult with guardianship duties and use the Software under the guidance and supervision of your guardian or any other adult with guardianship duties. In addition, your guardian and/or other adult with guardianship duties shall be responsible for assisting you in correctly understanding the terms of this Agreement and other related legal documents in order to guide you to use the Software in a correct way.

6. Privacy Policy

Use of the Software is also governed by our Privacy Policy, which is incorporated herein by reference. Your privacy is important to us. We designed Privacy Policy to make important disclosures about how we collect and use your information. We encourage you to read the policy carefully and use it to make informed decisions.

7. Limitations of Liabilities and Disclaimer

7.1 You acknowledge and agree that the Software and the Service may have potential risks like service interruption, failure to respond to users' requests, due to force majeure, mobile communication terminal virus or hacker attack, system instability, user physical location, phone power off, and other reasons concerning technology, telecommunication lines. In no event shall Appsky be liable for any risks stated above.

7.2 Appsky is not liable for any losses to users arising out of telecommunication line breakdown, technical problems, internet, mobile communication terminal failures, system instability and any other force majeure.

7.3 In view of business development and adjustment, Appsky reserves the right to amend or terminate services without prior notice to users at any time, and Appsky is not liable for users and any other third-parties when executing this right.

7.4 The Software which is not officially released or authorized by Appsky and the derivative works of the Software are illegal. User's downloading, installation, and user this software may lead to unexpected risk. Appsky is not liable for any legal liabilities, issues arising from it.

7.5 You agree to the most extent under applicable law, Appsky owns other disclaimer rights not listed in this Agreement.

8. Termination

8.1 You have the right to fully and permanently remove the Software from your mobile device at any time and terminate this Agreement.

8.2 Unless Appsky unilaterally terminates this Agreement or you terminate this Agreement as above, this Agreement and the terms (including the updated agreement following) will remain effective.

8.3 Your right will be terminated automatically if you breach any obligations stated in this Agreement. Appsky and any other third-parties have on need to send your additional notice.

8.4 The termination of this Agreement will not affect the obligations and liabilities users should assume before the termination.

9. Others

9.1 You agree that if Appsky does not exercise or enforce any legal right or regulations, this will not be taken to be a formal waiver of Appsky 's rights and Appsky has the right to continuously exercise or enforce the right or regulation.

9.2 Without written authorization from other sides, a user may not assign or transfer the rights granted by this Agreement, or assign the designated responsibilities and obligations to others.

9.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the terms. The remaining provisions of the Agreement will continue to be valid and enforceable.

9.4 Appsky reserves the final interpretation right on this Agreement.

9.5 If you have any comments on the Software and the Service or this Agreement, you may contact support@appskyhk.com, and we will use our best efforts to provide you with timely and necessary assistance.