The General User Service Agreement (hereinafter referred to as "this Agreement") is jointly entered into by General User (hereinafter referred to as "User") and General Application Development Company Hangzhou General Technology Co., Ltd. (hereinafter referred to as "Service Provider"), and the Service Provider will provide services to the User in accordance with the provisions of this Agreement. Given that this agreement has contractual validity, users must carefully read this agreement when registering. Based on careful reading and full understanding of the contents of each clause, users can choose to accept or reject this agreement. Minors are advised to read this agreement with the accompaniment of their legal guardians and make a choice. For clauses that exempt or limit the liability of the service provider (hereinafter referred to as "exemption clauses"), restrict the rights of users (hereinafter referred to as "restriction clauses"), agree on dispute resolution methods and jurisdiction,this agreement may remind users in bold, color coded or other reasonable ways.Users are advised to read the above clauses again before confirming acceptance of this agreement or using general services.
Unless you have read and accepted all the terms of this agreement, you are not authorized to use the general application services. The terms of this agreement may be updated by the service provider from time to time. Once this agreement is changed, the service provider will prompt users to modify the content on the relevant page so that users can obtain the updated agreement in a timely manner. Once the modified service agreement is published on the page, it will effectively replace the original service agreement. If you do not agree to any changes to the relevant terms of this agreement, please immediately stop using the General Intent APP application.
General meaning is a mobile application used to assist hardware smart devices in their work. You can easily operate and control PanBrain's smart devices through a phone equipped with General Intent. During your use of hardware devices, we will provide full assistance and guidance to help you achieve a relaxed and efficient user experience.
①Natural persons who are over 18 years old and have full capacity for civil rights and civil conduct;
②Individuals without civil capacity and those with limited civil capacity who have obtained the consent of their guardians.
①Device Control: This module will help users control devices more conveniently and quickly. After successfully connecting the device via Bluetooth, users can control the device's switch, volume, stimulation intensity, etc. through the app. During use, users can also view real-time brainwaves;
②Report: Users can view their own historical reports in this module, and each report clearly displays the comparison before and after wearing the device, as well as data analysis and professional advice, clear charts, etc;
③Check in: Users can unlock courses and view the ranking of check-in rankings by using PanBrain's smart devices;
④My: This module allows you to contact customer service, view user guides, provide feedback and suggestions, and also complete basic settings such as device and personal information.
①Regular inspections and maintenance, software and hardware updates, etc. will be suspended, and the service provider will complete the repair and maintenance work as soon as possible;
②The general application has been damaged in any form and cannot function properly;
③Network lines or other obstacles that cause users to connect to general applications through the Internet;
④Force majeure factors such as natural disasters;
⑤In emergency situations, in order to maintain national security or the personal safety and major property safety of other users and third parties;
⑥When sudden malfunctions occur in software, hardware, and electronic communication equipment.
All user registration information is only used for backend user management by the service provider, while in the frontend application, users can freely choose to display their real name or anonymously.
The user reads and agrees to this agreement, and upon successful registration, becomes a registered user of Banyi and obtains a Banyi user account. Users have the obligation to properly keep their accounts and passwords, and use them correctly and securely. The service provider expressly prohibits users from selling, transferring, lending, or sharing their registered accounts and passwords with others. If users violate the above obligations and cause damage to their own and/or other third parties' civil rights, such as account password loss or theft, the service provider generally does not assume any responsibility.
When users discover that their account and password have been used or stolen by others, they should immediately notify the service provider according to the handling methods published by the service provider and inform the service provider of the measures to be taken. After receiving notification from the user, the service provider has the right to request the notifying party to provide evidence to prove their identity. Based on confirming the authenticity of their identity, the service provider will take corresponding measures according to the user's request or specific circumstances (including but not limited to suspending the registration and use of the account). Any losses incurred by the user or other users due to taking corresponding measures based on the user's request shall be borne by the notifying user themselves. If the user is unable to provide their account, password, and other user information at the time of registration, the service provider has the right to refuse the user's request, and any resulting losses shall be borne by the user themselves.
If users have disputes over their personal accounts, they should submit sufficient materials to prove their claims. If neither party can provide sufficient evidence to prove that they are the owner of the account, the service provider has the right to take measures such as permanent freezing of the account.
The user agrees that all information, data, and records related to the general application (including but not limited to login records, behavior records after login, etc.) shall be based on the data recorded by the general application system.
In order to provide users with better products and services, the service provider may collect user information and may analyze and integrate this information if the user voluntarily chooses to use products and services related to the general idea, or expressly agrees to provide information.The user agrees and authorizes the service provider to collect relevant user information for the purpose of fulfilling this agreement, including the user's account information, data on the user's use of the general service (including but not limited to EEG monitoring data) and related records, relevant information provided by the user to the service provider to obtain accurate analysis results during the use of the general service, or other information collected by the service provider from the user to provide accurate analysis results. The above information will become part of the trade secrets of the general APP service provider, and the service provider promises to follow the provisions of this agreement and relevant laws in the collection methods and procedures of the above user information.
Protecting the privacy of users, especially underage users, is a fundamental principle of general application services. General application service providers will actively take reasonable measures in terms of technology and management to ensure the security and confidentiality of user information. Users should fully respect the personal information of anyone, including but not limited to other users, that they come into contact with or learn about during the use of general applications and the acceptance of related services. They should not collect, copy, store, disseminate or use the personal information of other users in any other way. Otherwise, the service provider will take all reasonable measures to stop such behavior and actively assist users whose personal information has been infringed upon to take all legal means to protect their legitimate rights and interests.
①The user (or the user's guardian) requests or agrees for the service provider to disclose user information;
②The service provider is required by laws, regulations, rules or relevant rules to disclose user information;
③Judicial or administrative authorities require service providers to disclose user information based on legal procedures;
④To protect the intellectual property and other legitimate rights and interests of the general public and service providers, it is necessary to disclose user information;
⑤In emergency situations, it is necessary to disclose user information in order to protect the interests of other users and the general public;
Other situations where the service provider deems it necessary to disclose user information in accordance with other provisions of this agreement.In order to provide products and services to users normally, the service provider may need to disclose some user information to its technical service providers, affiliated companies, or other affiliated third parties. On the premise that these third parties promise to assume at least the same confidentiality obligations as the service provider, the service provider will transmit necessary user information to these third parties, and the users understand and agree to this.
Users have the right to use the products and services provided by the General Application in accordance with this Agreement and other rules published and changed from time to time.
Users have the right to change their account passwords as needed. Any losses caused by the user's fault shall be borne by the user, including but not limited to: failure to follow prompts, failure to operate in a timely manner, forgetting or leaking passwords, passwords being cracked by others, etc.
Users have the right to supervise whether the products and services provided by the General Intent APP are provided to users in accordance with the standards stipulated in this agreement during the use of the products and services provided by the General Intent APP, and may also provide opinions and suggestions related to the products and services to the General Intent Service Provider at any time.
①Violating the basic principles established by the Constitution;
②Endangering national unity, sovereignty, and territorial integrity;
③Disclosing state secrets, endangering national security, or damaging national honor and interests;
④Those who incite ethnic hatred, ethnic discrimination, undermine ethnic unity, or infringe upon ethnic customs and habits;
⑤Promoting cults and superstitions;
⑥Spreading rumors, disrupting social order, and disrupting social stability;
⑦Promoting obscenity, pornography, gambling, violence, or inciting crime;
⑧Insult, defame others, and infringe upon their legitimate rights and interests;
⑨Violating social ethics;
⑩Other content prohibited by laws, administrative regulations, and national regulations.
The user's account name should comply with the principles of legality and health, and is not allowed to use names that involve but are not limited to race, religion, politics, national leaders, obscenity, vulgarity, defamation, intimidation, fraud, aggression, insult, may cause misunderstandings, prohibited drugs, and other content. Users are not allowed to engage in any behavior that infringes on the intellectual property rights of General Intent and other third parties, or any other behavior that damages the legitimate rights and interests of General Intent and other third parties, except for using the services provided by General Intent in accordance with the provisions of this agreement.
①Spreading or disseminating vulgar or indecent information through any means or behavior;
②Spreading or disseminating false information to other users through any means or behavior of impersonating general applications and service providers;
③Causing disputes through any means or channels;
④Engaging in any illegal or irregular transactions through the use of general applications in any way;
⑤Disclosing any information of other users, non users, or service providers that it has come into contact with or learned about during the use of the general application;
⑥Using general applications to promote or publish illegal information, information that violates social ethics, or information that is detrimental to the construction of spiritual civilization, including but not limited to pornography, gambling, cults, terrorism, and other content;
⑦Engaging in other speech or behavior that does not comply with laws, regulations, social ethics, or general user rules.
①Attack and invade general application software, such as copying, modifying, adding, deleting, hanging, running or creating any derivative works of general application software or data released into any terminal memory during software operation, interaction data between client and server during software operation, and system data necessary for software operation, including but not limited to using plugins, plug-ins or unauthorized third-party tools/services to access software and related systems;
②Cracking and modifying the client program provided by General Intent, including reverse engineering, reverse assembly, reverse compilation, or other attempts to discover the source code of General Intent software;
③Unreasonable interference or obstruction of others' use of the products and services provided by General Intent;
④Using program vulnerabilities (including vulnerabilities or unreasonable phenomena in systems, programs, settings, etc.) and errors to disrupt normal operation, in order to profit or achieve personal goals such as disrupting service order;
⑤Delete copyright information from the software and its copies, or use, modify, or obscure the name, trademark, or other intellectual property of the software;
⑥Modifying or forging instructions and data during the operation of general application software, adding, deleting, or changing the functions or effects of the software, or operating or disseminating software or methods used for the above purposes to the public, regardless of whether the above actions are for commercial purposes;
⑦To use, rent, lend, copy, modify, link, repost, compile, publish, publish, and establish mirror sites for the content owned by the service provider in the general application software;
⑧Establish mirror sites related to general application software, or take web (network) snapshots, or use methods such as setting up servers to provide others with services that are identical or similar to general application software;
⑨Separate any part of the general application for separate use, or use it for other purposes that do not comply with this agreement;
⑩Other behaviors without explicit authorization from the service provider.
Users are not allowed to use the products and services provided by General Intent for commercial purposes, nor are they allowed to use the products and services provided by General Intent for sales or other commercial purposes. Unless obtaining written permission from the service provider, users are not allowed to use any products, services, or any content of General Intent for commercial gain, including but not limited to acting as service intermediaries for profit, conducting account buying and selling, etc.
①Warning: A warning is an educational guidance aimed at minor violations of user behavior norms, and it is a way of managing the normal operation of general software;
②Forced offline: forcing the violating user to leave the current application and service, ending the execution of the user's current service program;
③Account suspension: Suspend or permanently terminate the general account of the violating user, and refuse to provide any services to the violating user;
④Ban IP: Temporarily or permanently prohibit unauthorized users from logging into general application software on an abnormal IP address.
⑤Take legal responsibility: If the improper behavior of a non compliant user causes damage to others or the general public, or violates current legal provisions, the non compliant user shall bear corresponding civil, administrative, and/or criminal responsibilities in accordance with the law. For example, if the user infringes on third-party intellectual property rights or other rights during the use of the general public and causes the right holder to claim compensation, the user shall directly bear the responsibility.
If the general application service needs to be suspended due to system maintenance or upgrade, the service provider will notify in advance as much as possible.
①The personal information provided by the user is not truthful;
②The user violates the behavioral norms stipulated in this agreement;
For the products and services generally provided, the service provider only makes the limited warranty described in this clause, which supersedes any other express or implied warranties (if any) in any documents, packaging, or other materials.
①The products and services provided generally meet the requirements officially announced by the service provider;
②The relevant products and services provided by General Intent are basically consistent with the service commitments officially announced by the service provider;
③The general intention is to make every effort to solve any problems encountered by users during the process of enjoying products and services within the reasonable scope allowed by business.
To the maximum extent permitted by law, the service provider does not guarantee that the products and services provided will always meet the user's requirements, nor does it guarantee that the products and services provided will not be interrupted, nor does it guarantee the timeliness, security, and non-interference of the products and services, nor does it guarantee that there will be no errors, and that the information will be transmitted accurately, timely, and smoothly.
The user understands and agrees thatthe trust and use of any information and materials obtained through the use of the general products and services are entirely up to the user, and the user shall bear any system damage, data loss, and any other risks arising from such trust and use. The service provider does not guarantee any product shopping services, transaction processes, recruitment information, especially information sent by third parties, mentioned in the products and services.
To the maximum extent permitted by law,the service provider shall not be liable for any indirect, incidental, accidental, special, or consequential damages (including but not limited to personal injury, privacy breaches, failure to fulfill any responsibility including good faith or reasonable care, damages resulting from negligence and any other monetary or other losses) caused by the use of the intended products and services by the user. These damages may arise from: improper use of products and services by the user or others, online purchase of goods or similar services, online transactions, illegal use of services, or changes in information transmitted by the user.
Neither party shall be liable for any force majeure or other unexpected events that make the performance of this agreement impossible, unnecessary, or meaningless. The force majeure referred to in this agreement refers to objective circumstances that are unforeseeable, unavoidable, and insurmountable, including but not limited to war, typhoons, floods, fires, lightning strikes or earthquakes, strikes, riots, hacker attacks, network viruses, electronic technology control, government actions, or any other natural or man-made disasters.
The user agrees to safeguard and maintain the interests of the general application and other users. If the user violates any relevant laws, regulations or any terms under this agreement and causes losses to the general application or any other third party, the user agrees to bear the liability for compensation for such damages. If the user violates this agreement or applicable laws and regulations, resulting in damages or expenses incurred by the parent company, subsidiaries, other affiliated companies, affiliates and their personnel, employees, agents and all other related performance support personnel of the service provider (including but not limited to paying all legal fees for defense or claims litigation and related settlements required by the above-mentioned legal entities for the user's breach or illegal behavior), the user shall bear the responsibility for compensating the relevant expenses and paying damages.
The establishment, effectiveness, performance, interpretation, and dispute resolution of this agreement shall be governed by the laws of the mainland of the People's Republic of China (excluding conflict of laws). If any content of this agreement conflicts with the law, the legal provisions shall prevail.
If any disputes or controversies arise between the user and the service provider due to this agreement, they should first be resolved through friendly negotiation; If the negotiation fails, both parties agree to submit the dispute or controversy to the people's court with jurisdiction over the place where this agreement is signed.
The titles of all clauses in this agreement are for ease of reading only and do not have any actual meaning in themselves, and cannot serve as a basis for interpreting the meaning of this agreement.
The terms of this agreement are partially invalid for any reason, and the remaining terms remain valid and binding on all parties.
All notices under this agreement may be sent through important page announcements, email, or regular mail delivery; The notice shall be deemed delivered to the recipient on the date of dispatch.
The final interpretation right of this agreement belongs to the general service provider