FiiO Music Service Agreement

Foreword

Welcome to the services of FiiO Music provided by Guangzhou FiiO Electronics Technology Co., Ltd. (hereinafter referred to as "FiiO"). To use FiiO Music services, you shall carefully read and abide by the FiiO Music Service Agreement (hereinafter referred to as "this Agreement"), “FiiO Privacy Policy” and other related agreements, business rules and regulations. Be sure to carefully read and fully understand the terms herein, especially those regarding the exemption from or limitation of liability, governing and applicable laws, and the separate agreement to open or use a service. You are not authorized to use the services provided by FiiO unless you have read and accepted all the terms of this Agreement. Your use of FiiO services signifies that you have read and agreed to be bound by this Agreement.

1. Confirmation and Acceptance of this Agreement

This Agreement is between the users and FiiO company regarding their use of FiiO Music, FiiO Control, FiiO Forum and other services, including the text of this Agreement, FiiO Privacy Policy and various rules and regulations that FiiO has published or may publish/update in the future. All rules and regulations are an integral part of this Agreement and have the same legal effect as the text of this Agreement. Unless otherwise expressly stated, user's behavior of using FiiO Music, FiiO Control or other services will be restrained by this Agreement.
If this Agreement needs to be modified due to the development of FiiO Music, FiiO Control, FiiO Forum and other software, corresponding announcements will be exposed on FiiO's official website where users can check the latest version. After FiiO modifies the above Agreement, but users do not accept it, they have the right to choose to end the use of FiiO Music, FiiO Control, FiiO Forum or other services. If they continue to use it, they will be deemed to accept this Agreement.

2. Contents of this Agreement

The content of this Agreement refers to the functions and services provided by FiiO to users using the FiiO Music app for music playback and the FiiO Control app (hereinafter referred to as "this Agreement"). FiiO may change the content of this Agreement it provides and give corresponding prompts to users.

3. Application License

3.1 You may be required to download, operate, display and run this application during the use of this Agreement for a non-commercial purpose on a single terminal device, for which FiiO gives you a personal, non-transferable, and non-exclusive license. All other rights not expressly authorized by other terms of this Agreement are still reserved by FiiO, and you must obtain the written permission of FiiO when exercising these rights. If FiiO fails to exercise any of the foregoing rights, it does not constitute a waiver of this right.

3.2 If you obtain software or installation programs with the same name as such software from a third party unauthorized by FiiO, FiiO cannot guarantee that such software will function properly and FiiO will not be liable for any damages thereby caused to you.

3.3 FiiO may develop different application versions for different terminal devices. You shall choose to download and install the appropriate version according to your actual situation.

3.4 FiiO may upgrade such services and application updates from time to time to improve the user experience and improve the service content (these updates may take the form of software replacement, modification, function enhancement, version upgrade, etc.). After the new version is released, the old version may not be available. You shall upgrade the relevant application to the latest version; otherwise FiiO does not guarantee that it will work properly.

3.5 Unless permitted by law or written permission of FiiO Company, you shall not engage in the following acts, otherwise FiiO Company will reserve the right to pursue legal responsibility according to law:

3.5.1 Delete the copyright information on the application and its copies.

3.5.2 Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code for the application.

3.5.3 Use, rent, lend, copy, modify, link, reproduce, compile, announce, publish, or create mirror image websites for the content for which FiiO owns the intellectual property rights, and use this application and related information to develop derivative products, works, services, plug-ins, add-ins, compatibility, interconnection, etc. related to it without authorization.

3.5.4 Copy, modify, add, delete, hook up, or create any derivative works for data in the application or data released to any terminal memory during the running of the application, interactive data between the client and the server during the running of the application, and system data necessary to run the application, in a form including but not limited to the use of plug-ins, add-ons, or third-party tools/service access application and related systems without FiiO's authorization.

3.5.5 Add, delete, or change the functions or operation effects of the software by modifying or fabricating instructions in software operation, or operating or transmitting software or methods for the above purposes to the public, regardless of whether such behaviors are for business purposes.

3.5.6 Log in or use FiiO's application and services through third-party applications, plug-ins, add-ons, or systems that are not developed or authorized by FiiO, or produce, publish and disseminate the above tools.

3.5.7 Interfere with the application and its components, modules and data by itself or authorizing others or third-party applications, or add, delete or change the functions or operating effects of the application by modifying or falsifying instructions, data and data packets in the operation of the application, and disseminate or operate the application for the above purposes to the public through networks.

3.5.8 Other acts not expressly authorized by FiiO and use of the application in any illegal manner, for any illegal purpose, or in any way inconsistent with this Agreement.

4. Account Security and Protection of User's Personal Information

4.1 You may need to register an account before using FiiO services.

4.2 FiiO reminds you that you shall keep your account number and password properly. You shall be responsible for any consequences that may arise from an account number or password theft due to improper keeping.

4.3 Protecting user's personal information is a fundamental principle of FiiO. FiiO will take technical measures and other necessary measures to ensure the security of users' personal information and prevent the leakage, damage or loss of users' personal information collected in this service. In the event of the aforementioned situation or if FiiO Company finds that the aforementioned situation may occur, FiiO will take remedial measures in a timely manner and inform users, and users should contact FiiO Company immediately if they find the aforementioned situation.

4.4 In general, you may view the information that you submit at any time. However, for security and identification (such as number complaint service) purposes, you may not be able to modify your initial registration information and other verification information provided at the time of registration.

4.5 Except as otherwise stipulated in this Agreement, the collection, use and protection of user information by FiiO Music and services will follow the "Privacy Policy" of FiiO Music, which is an integral part of this Agreement.

5. User Code of Conduct

5.1 You can use this service to publish opinions, texts, information, user names, pictures, personal information, links and other information content that are original to you or that you have the right to post. You must guarantee that you own the intellectual property rights of the information content you upload or have been legally authorized, and that your use of this application and services does not infringe the legitimate rights and interests of any third party.

5.2 You must abide by laws and regulations when you use the services, including but not limited to the following:

5.2.1 Publish, transmit, disseminate and store content that violates national laws, endangers national security and unity, social stability, public order and good customs, social morality, as well as insults, slander, obscenity or contains any sexual or sexually suggestive, violent content;

5.2.2 Publish, transmit, disseminate and store content that infringes upon the legitimate rights of others such as reputation rights, portrait rights, intellectual property rights, and trade secrets;

5.2.3 Publish, transmit, disseminate or store information involving the privacy, personal information, property or confidential information of others;

5.2.4 publish, transmit, disseminate harassment, advertising information and spam;

5.2.5 Apply the application or services for commercial purposes or profit-making activities without the written consent of FiiO;

5.2.6 Fiction of facts and concealment of the truth to mislead or deceive others;

5.2.7 Other information that violates laws, regulations, policies, public order and good customs, social morality or interferes with the normal operation of FiiO Music and infringes the legitimate rights and interests of other users or third parties.

5.3 You fully understand and agree that you must be responsible for your own use of the application and services, including any content you post and any consequences arising therefrom. You shall judge the content in the services at your own discretion, and bear all risks arising from the use of the content, including risks arising from reliance on the correctness, completeness or usefulness of the content. FiiO cannot and will not be liable for any loss or damage caused by the foregoing risks.

5.4 You understand and agree that FiiO will use its commercially reasonable efforts to ensure the security of your data storage in the application and services, however, FiiO cannot provide a complete guarantee in this regard, including but not limited to the following situations:

5.4.1 FiiO is not responsible for the deletion or failure of storage of your relevant data in the application and services;

5.4.2 FiiO has the right to determine the maximum storage period or storage space of a single user's data in the application and services according to the actual situation, and allocate the maximum storage space for the data on the server.

5.4.3 If you stop using the application and services or if the services are terminated or cancelled, FiiO may permanently delete your data from the server. FiiO is not obliged to return any data to you after the services are stopped, terminated or cancelled.

5.5 When using the application and services, the user shall bear the following uncontrollable risks, including but not limited to:

5.5.1 Risks of loss or leakage of personal information due to irresistible factors;

5.5.2 The user must select the application version that matches the installed device, otherwise, any problems or damages caused by the mismatch between the application and the device shall be borne by the user;

5.5.3 When users use this application to access third-party websites, the risks that may be caused by third-party websites and related content shall be borne by the users themselves;

5.5.4 The content published by the user is forwarded and shared by others, so the risks and responsibilities that may be caused by the dissemination;

5.5.5 Application login failure, incomplete data synchronization, slow page opening speed and other risks caused by unstable network signal, small internet bandwidth and other reasons.

5.6 You shall abide by relevant local laws and regulations and respect local ethics and customs in the process of using this application. If your behavior violates local laws and regulations or moral customs, you shall be solely responsible for it.

5.7 You should avoid the use of this service and make FiiO involved in political and public events, otherwise FiiO has the right to suspend or terminate your service.

6. Intellectual Property Rights Statement

6.1 FiiO is the owner of the intellectual property rights of this application, except that the intellectual property rights of advertisements involved in this service are enjoyed by the corresponding advertisers, the intellectual property rights of the content provided by FiiO in this service (including but not limited to web pages, text, pictures, audio, video, graphics, etc.) belong to FiiO Company.

6.2 Unless otherwise stated, the copyright, patent rights, and other intellectual property rights of this application on which FiiO provides the services are owned by FiiO.

6.3 The copyrights or trademarks of "FiiO", "FiiO Music", "FiiO Control" and "FiiO Aerospace Sheep" used by FiiO in this service belong to FiiO. Without the prior written consent of FiiO, the user shall not display or use the above logo in any way or otherwise deal with it, nor shall it indicate to others that the user has the right to display, use, or otherwise deal with the FiiO logo.

7. Legal liability

7.1 If FiiO Company discovers or receives reports or complaints from others that the information content or behavior posted by users violates the provisions of this Agreement, FiiO Company has the right to make independent judgments on the relevant content (including but not limited to user profile, comment content, music content, video content, etc.) at any time without notice, and take technical means to delete, block or disconnect the link, and take measures including but not limited to suspending or terminating the service, punishing illegal accounts (the penalties in this Agreement include but are not limited to warnings, function bans, account bans, device bans, etc.), and pursuing legal responsibility according to the seriousness of the circumstances No.

7.2 Users understand and agree that FiiO Company has the right to impose penalties on violations of relevant laws and regulations or the provisions of this Agreement in accordance with reasonable judgment, take appropriate legal actions against any user who violates laws and regulations, and provide the User's personal information in accordance with the law or the requirements of relevant government agencies, security agencies and judicial agencies, save relevant information and report to relevant departments, etc., and the user shall bear all legal responsibilities arising therefrom.

7.3 Users understand and agree that they shall indemnify FiiO and its cooperative companies and affiliates from any claims, demands or losses, including reasonable attorney fees, claimed by any third party caused or arising from the user's violation of this Agreement.

8. Force Majeure and Other Exemptions

8.1 In the course of using the services, you may encounter force majeure and other risk factors, which may cause the services to be suspended. Force majeure refers to unforeseeable, insuperable, and indispensable objective events that have a significant impact on either party or both parties, including but not limited to natural disasters such as floods, earthquakes, plague epidemics, and storms, and social events such as wars, turmoil, and government actions. In any of the above circumstances, FiiO will try to cooperate with the relevant organizations for timely treatment. However, FiiO is exempt from any liability for the damage caused to you within the scope permitted by law.

8.2 You understand and agree that the services are provided based on existing technology and conditions. FiiO will do its utmost to provide you with the services and ensure the continuity and security of such services. However, FiiO cannot foresee and guard against legal, technical, and other risks, including but not limited to service interruption, data loss, and other losses and risks that may result from force majeure, viruses, Trojans, hacker attacks, system instabilities, third party service flaws, and government actions.

8.3 You understand and agree that the services or content provided by FiiO to you may be changed or interrupted, suspended or terminated in accordance with changes in laws and regulations or regulatory policies, requirements of rights holders or copyright holders, requirements of law enforcement or judicial authorities, complaints from other third parties, etc. FiiO does not assume any responsibility for users who cannot enjoy relevant services or content due to the aforementioned reasons or other reasons.

8.4 You understand and agree that in the course of using the Services, you may encounter risks arising from network information or other user actions. FiiO is not responsible for the authenticity, applicability, or legality of any information, or any damage to you caused by any infringement act. These risks include but are not limited to:

8.4.1 misunderstanding or deception by others, and other psychological or physical damages or economic losses caused or likely to be caused by the use of the services hereunder;

8.4.2 other risks caused by network information or user behaviors.

8.5 FiiO shall have the right to deal with illegal activities and violations in accordance with this Agreement. This right does not constitute an obligation or commitment of FiiO, and FiiO cannot guarantee the timely detection of illegal activities or timely handling accordingly.

9. Change, Suspension, and Termination of Services

9.1 FiiO Company is constantly changing and improving the service. FiiO Company may choose to suspend, interrupt and terminate some or all of the services of FiiO Music according to its own business decisions, government actions, force majeure and other reasons. If such a situation occurs, FiiO Company will notify the user in the form of an announcement, but will not bear any losses caused to the user.

9.2 In any of the following circumstances, FiiO is entitled to suspend or terminate the services provided to you without notice:

9.2.1 You have submitted untruthful personal information or the personal information you have provided is inconsistent with that provided at the time of registration without giving any reasonable proof when you are required to submit truthful information according to the law.

9.2.2 You have violated the relevant laws and regulations or this Agreement.

9.2.3 You have violated the relevant laws or requirements of the competent authority.

9.2.4 There are security reasons or other necessary circumstances.

9.3 It is your responsibility to back up the data stored in the Services. If your services are terminated, FiiO can permanently delete your data from the server. After the termination of the services, FiiO is not obligated to return the data to you.

10. Execution and Change of the Agreement

10.1 Your use of FiiO's services signifies that you have read and agreed to be bound by this Agreement.

10.2 FiiO is entitled to modify the terms of this Agreement when necessary. You can view the latest version of terms of this Agreement on the relevant service page, and consciously abide by the terms of this Agreement.

10.3 After the terms of this Agreement have been changed, if you continue to use the software or services provided by FiiO, it signifies that you have accepted the modified agreement. If you do not accept the modified agreement, you shall stop using the services.

11. Governing and Applicable Laws

11.1 This Agreement was signed in Baiyun District, Guangzhou City, Guangdong Province, People's Republic of China.

11.2 The creation, execution, performance, interpretation, and resolution of this Agreement shall be governed by the laws of the People's Republic of China.

11.3 If any dispute or controversy arises between you and FiiO, you shall first settle it through friendly negotiation; if the negotiation fails, you agree to submit the dispute or controversy to the People's Court with jurisdiction in the place where this Agreement is signed (that is, Baiyun District, Guangzhou City, Guangdong Province, China) for governing.

12. Miscellaneous

12.1 The headlines of all terms herein are for convenient reading only, and have no actual meaning and cannot be used as a basis for the interpretation of this Agreement.

12.2 If part of the terms of this Agreement is invalid or unenforceable for any reason, the remaining terms remain valid and binding on both parties.

12.3 If you have any comments or suggestions about this Agreement or the services, you may contact FiiO Customer Service Department and we will give you the necessary assistance.


Guangzhou FiiO Electronics Technology Co., Ltd.
Updated date: July 23rd, 2022
Effective date: July 23rd, 2022