Dear user,
Thank you very much for registering to use Mibro Fit Products. In order for you to better use the products and services provided by Mibro Fit, please carefully read and fully understand the terms of the Mibro Fit User Agreement (“User Agreement” or “the Agreement”), especially the terms concerning the exemption or limitation of liabilities, and choose whether to accept this Agreement. The terms concerning exemption or limitation of liabilities herein are in bold to arouse your special attention.
You are not entitled to download, install or use the products and services provided by Mibro Fit unless you have read and accepted all of the terms of this Agreement. By downloading, installing, using, and logging in Mibro Fit Products, you are deemed to have read this Agreement and agreed to be fully bound by this Agreement.
1.1 Mibro Fit App and www.xunkids.com (hereinafter collectively referred to as “Mibro Fit Products”) are Internet products and services provided by Zhenshi Technology (Shanghai) Co., Ltd. and its affiliates (hereinafter referred to as “Mibro Fit” or “Us”).
1.2 This User Agreement is an agreement between the User (you) and Mibro Fit regarding the use of products and services provided by Mibro Fit. The terms of this Agreement shall apply to all products and services provided by Mibro Fit. The user shall be bound by this Agreement when enjoying any individual service provided by Mibro Fit.
1.3 The products and services hereunder refer to the Internet products and services rolled out by Mibro Fit, including but not limited to online media, Internet value-added, interactive entertainment, e-commerce, intelligent hardware and advertising, in the form of, but not limited to, online videos, comments, follow-ups, bullet chatting, pictures, software, and technical codes.
1.4 This Agreement also includes the Privacy Policy and all rules, announcements or notices that Mibro Fit has released or may release in the future. In addition, there may be separate agreements and relevant service rules when you use a particular product or service of Mibro Fit. The foregoing rules, announcements, notices and agreements, once released, shall be an integral part of this Agreement and you shall comply with them as well. If you do not agree to the terms of this Agreement, you shall immediately discontinue your registration/activation and use of Mibro Fit’s related products and services.
1.5 Mibro Fit reserves the right to revise this Agreement and/or the rules from time to time (including but not limited to establishing new terms and modifying existing terms) as necessary, and to announce changes by online announcement without separate notice to you. The revised Agreement and rules shall automatically take effect immediately upon release or at a specific time specified in the announcement. By continuing to use Mibro Fit’s products or services after the aforementioned revisions, you are deemed to have read, understood and accepted the revised Agreement and rules. If you do not agree to the revision, you shall immediately stop using the products and services provided by Mibro Fit.
1.6 Except as expressly provided herein, Mibro Fit reserves the right to regulate the products and services developed/rolled out by Mibro Fit on the basis of this Agreement through separate product and service agreements (hereinafter referred to as “Single Product Agreement”), which the user shall separately understand and confirm when using the relevant product or service. In case of any conflict between the Single Product Agreement and this Agreement, the Single Product Agreement shall prevail. By using the product or service, the user is deemed to have accepted the relevant Individual Product Agreement.
2.1 Mibro Fit provides users with a variety of Internet products and services, including but not limited to training courses, running, walking, cycling, e-commerce and other related products. Users can use, share and purchase products and services provided by Mibro Fit through Mibro Fit Products. The user is entitled to the products and services provided by Mibro Fit, but Mibro Fit has the right to charge fees for the services or products arising therefrom.
2.2 Mibro Fit will make every effort to provide uninterrupted online services, but the platform’s network access services may be blocked, restricted or terminated due to various factors, and we will not be liable for any loss or inconvenience caused to you.
2.3 Some products and services provided by Mibro Fit are subject to payment, and the user shall pay a certain fee to Mibro Fit for the use of such products. For the products and services that are subject to payment, we will give the user a clear reminder before using them, and the user can use/continue to use such fee-based products and services only if he/she confirm his/her willingness to pay the relevant fees according to the reminder. Mibro Fit reserves the right not to provide such fee-based products and services to the user if the user refuses to pay the relevant fees.
2.4 Mibro Fit only provides online products and services, in addition, the equipment pertaining to network services (such as mobile phone, personal computer, and other devices related to Internet or mobile network access) and the necessary fees (such as mobile phone and Internet fees paid for Internet access, and mobile phone fee paid for mobile network use) in connection with the relevant network services shall be borne by the user.
2.5 Replacement, modification and upgrade by Mibro Fit:
2.5.1 Mibro Fit has the right to develop new services based on your use of the software and your behavior in order to enhance the user experience and improve the service content.
2.5.2 Mibro Fit has the right to provide software updates (including software upgrade and replacement, modification, feature enhancement, version upgrade) from time to time for the purpose of improving, enhancing and further developing the services.
2.5.3 The user understands and agrees that Mibro Fit reserves the right to update Mibro Fit or to change or restrict some features of Mibro Fit without separate notice to you.
2.5.4 After the new version of Mibro Fit is released, the old version may not be available. Mibro Fit does not guarantee the continued availability of older versions of Mibro Fit and corresponding services. For full and timely use of Mibro Fit’s services, check and download the latest version at any time.
2.6 Third-party applications and services
Feature modules that support third-party applications for use by users are provided in the Mibro Fit Products, including, but not limited to, tool-based services, video or image-based services, and various services that may emerge in the future. When using such application, the user shall comply with the provisions of this Agreement and the corresponding agreements, terms or rules of such application. The rights and obligations between the user and the developer shall be implemented by reference to the relevant agreements, terms or rules. When using the software and services provided by third parties, the user shall understand and agree that:
2.6.1 When the user uses the applications and services provided by third-party developers, the third-party developers will obtain the user’s personal data and information as authorized by the user. Such data and information are licensed to third parties at the discretion of the user. The user shall be clear that your authorization to third parties to obtain your personal data and information may lead to the risk of information divulgence; while using the services of third parties, you shall comply with the agreements and relevant rules of third parties in addition to this Agreement and other relevant rules of Mibro Fit. Mibro Fit shall not be liable for any dispute, loss or damage arising from the third-party software and related services, which shall be resolved by you and the third party.
2.6.2 The purpose of introducing third-party services to Mibro Fit is to enrich the Mibro Fit Products and thus create a better service experience for the user. However, any liability arising from defects or errors in the third-party services shall be borne by the third party and has nothing to do with Mibro Fit. Mibro Fit will review or audit the services provided by third parties, but due to the specialized nature of the services, there are inevitably omissions. The third-party service provider shall not be exempt from liability due to Mibro Fit’s omissions in the review or audit
2.6.3 Mibro Fit has the right to review and manage the applications provided by third-party developer, and to remove third-party applications without notifying the user. Mibro Fit shall not be liable for any impact or loss caused to the user, which shall be borne by the user or through negotiation with third parties. Nevertheless, Mibro Fit shall endeavor to protect the user’s rights and interests from infringement.
2.6.4 By using any third-party application, the user agrees to: (1) authorize the use of his/her Mibro Fit account to log in to the third-party application; and (2) consent to the third-party application accessing his/her personal data to obtain the corresponding products and services.
2.6.5 Any dispute between the user and the third-party developer arising from the use of the third-party application shall be settled by the user and the developer through negotiation. The relevant liability and compensation shall be solely borne by the developer and Mibro Fit shall not assume any liability.
3.1 Mibro Fit is entitled to all legal titles (including but not limited to intellectual property rights and ownership rights) to the Mibro Fit products in accordance with the law. All copyrights and all other intellectual property rights of Mibro Fit and all information content related to Mibro Fit, including but not limited to: text and its combination, icons, graphics, color combinations, interface design, layout frame, relevant data, printed materials, or electronic documents are protected by Chinese laws and regulations on intellectual property rights and by relevant international treaties.
3.2 All rights to Mibro Fit Products, and the videos, games, technical software and other products and information provided through Mibro Fit Products are the property of Mibro Fit, except for those uploaded by the user or expressly indicated as being provided by a third party.
3.3 “Mibro Fit”, “Mibro Fit2.0” and/or other Mibro Fit product and service marks embodied in Mibro Fit Products are trademarks or registered trademarks of Mibro Fit in China or other countries and regions, and no user shall use the same without legal authorization.
3.4 Mibro Fit owns patent right, right to apply for a patent, trademark right, copyright and other intellectual property rights in Mibro Fit Products and related services. Mibro Fit does not grant the user any intellectual property right related to Mibro Fit as a result of this Agreement or as a result of providing Mibro Fit and related products and services to the user. Any rights not expressly granted to the user hereunder are reserved by Mibro Fit.
4.1 The protection of the user’s personal information is a fundamental principle of Mibro Fit. Mibro Fit will collect, use, store and share your personal information in accordance with this Agreement and the Privacy Policy. In case of any conflict between the provisions of this Agreement on the protection of personal information and the Privacy Policy, or if the provisions of this Agreement on the protection of personal information is not clearly stipulated, the Privacy Policy shall prevail.
4.2 You may be required to fill in certain necessary information during the process of registering for an account or using Mibro Fit products and services. Where specially provided for by national laws and regulations, you are required to fill in the real identity information. If you fill in incomplete information, you may not be able to use Mibro Fit products or services, or may be restricted in their use.
4.3 You can view and modify the information submitted by yourself at any time, but for security and identification reasons (such as account appeal service), you may not be able to modify some of the initial registration information and other verification information provided during registration. Mibro Fit reserves the right to review your modification of personal information.
4.4 Mibro Fit will not transfer or disclose your personal information to any unaffiliated third party unless:
(1) required by relevant laws and regulations or courts and government authorities;
(2) transferred for the purpose of completing a merger, separation, acquisition or transfer of assets;
(3) with your prior authorization;
(4) your use of sharing feature;
(5) for the purpose of academic research or public interest.
(6) to the extent permitted by laws, regulations and policies, for the purpose of enhancing user experience and providing personalized promotional services;
(7) other circumstances that we consider necessary and do not violate the mandatory provisions of the law.
4.5 We will not provide your sensitive personal information to anyone except with your consent.
4.6 Mibro Fit attaches great importance to the protection of minors’ information. If you are a minor under the age of 18, please carefully read and understand this User Agreement under the supervision and guidance of your parents or guardian before using the services of Mibro Fit, and use our services or provide us with information with the consent of your parents or guardian. If you violate laws and regulations and this Agreement, you and your guardian shall bear all consequences resulting therefrom in accordance with the law.
5.1 Eligibility for registration
You acknowledge that you shall be a natural person, legal person or other organization with full capacity for civil rights and full capacity for civil conduct by the time you complete the registration procedure or actually use the products and services provided by Mibro Fit in any other manner permitted by Mibro Fit. If you do not have the above qualifications, you and your guardian shall bear all consequences resulting therefrom, and Mibro Fit reserves the right to cancel or permanently freeze your account and to make claim against you or your guardian.
Minors under one the age of 18 and other persons with incomplete capacity for civil conduct shall use Mibro Fit products and services under the guidance of their legal guardians.
5.2 Registration and account
5.2.1 To make full use of the Mibro Fit products and services, you must register for an account provided by Mibro Fit. The user (you) shall be responsible for the authenticity, legality, validity and completeness of the information provided when registering for a Mibro Fit account, and for maintaining and updating your personal information in a timely manner to ensure that it is authentic, legal and valid.
5.2.2 The ownership and relevant rights and interests in your registered Mibro Fit account are owned by the company, and you will only have the right to use the account after completing the registration procedure. Your account is for your personal use only. Without the written consent of Mibro Fit, it is forbidden to give, borrow, rent, transfer, sell or otherwise license others to use the account in any form. In the event that Mibro Fit finds or has reasonable grounds to believe that the user is not the original registrant of the account, Mibro Fit shall have the right to suspend or terminate the provision of services to the registered account and cancel the account without any legal liability to the registered user.
5.3 Mibro Fit would like to remind you to protect your account and password and not to disclose them to others. You shall be solely responsible for the confidentiality of your account and password and for all activities that occur under your account and password (including but not limited to, information disclosure, information release, online consent or submission of various rules or agreements, online renewal of agreements or purchase of services). Mibro Fit cannot and will not be liable for any loss arising from your failure to comply with the provisions of this Clause. If you become aware of any unauthorized use of your account and password, you shall notify Mibro Fit immediately. You can send your request to service@mibrofit.com. You understand and agree that it will take a reasonable amount of time for Mibro Fit to act on your request and that Mibro Fit will not be liable for any adverse consequences that have occurred prior to such action. You rather than Mibro Fit shall be liable for account theft or loss caused by malicious attacks by others, your own causes or other force majeure events.
5.4 You may set a nickname for your account, and the nickname you set shall not infringe on or be suspected of infringing on the legitimate rights and interests of others. The User undertakes to comply with the following rules when setting a nickname:
(1) not to register with the real name, name, stage name or pseudonym of party and state leaders or other social celebrities;
(2) not to register with the name of state agencies or other agencies;
(3) not to register an account with uncivilized or unhealthy name, or account containing discriminatory, insulting or obscene wording;
(4) not to register an account that is likely to generate ambiguity, cause misunderstanding or otherwise do not comply with legal requirements.
Mibro Fit reserves the right to terminate the provision of part or all of the software services to you if the nickname you set is suspected of infringing upon the legitimate rights and interests of others. You rather than Mibro Fit shall be liable for any direct or indirect losses and adverse consequences arising therefrom.
5.5 The user agrees to authorize Mibro Fit to use his/her information resources for:
(1) performing software verification and upgrade services;
(2) improving the security of user or providing customer support;
(3) providing information to Mibro Fit or associated third parties or other users when providing a specific service at the special request of the user;
(4) using various non-personal privacy data for commercial purposes, including but not limited to provision of value-added services to third parties, advertising, targeted advertising, marketing, co-registration, promotion or other activities;
(5) at the request of judicial or governmental authorities;
(6) for improving user experience;
(7) other circumstances that are in the interest of the user and Mibro Fit and do not violate any mandatory laws and regulations.
5.6 User cancellation
If you have thoughtfully determined to abandon your Mibro Fit account and meet all the cancellation requirements set forth by Mibro Fit, you may request cancellation of your Mibro Fit account by sending an email to service@mibrofit.com. Once your Mibro Fit account is cancelled, it cannot be restored. Please back up all information and data related to your Mibro Fit account before cancellation. Please keep the transaction vouchers, notes and other information of the ordered goods and services. Otherwise, you may pay additional account and order inquiry fees, or you may not be able to enjoy after-sales service. Mibro Fit shall not be liable for any adverse impact on you as a result of your account cancellation request.
6.1 The user shall be responsible for their Internet behaviors, including posting, uploading or transmitting any content (including text, comments, follow-ups, bullet chatting, pictures, videos, and software products). The user shall undertake that any content posted on the Mibro Fit platform complies with the laws, rules and regulations of the People’s Republic of China and the Management Code of Mibro Fit. Mibro Fit shall have the right to delete any content posted by the user that does not comply with the Management Code without any liability.
6.2 Mibro Fit is committed to creating a civilized, rational, friendly and high-quality community communication environment. When the user uses such features as commenting, following-up and bullet chatting, he/she is required to authenticate his/her real name in accordance with the relevant laws and regulations, otherwise, he/she will not be able to use the above features. When using commenting and other related features, you must strictly comply with the applicable national laws and regulations. While promoting the development of such businesses as following-up and commenting, Mibro Fit shall constantly strengthen the corresponding information security management capabilities, improve the self-regulation of commenting and following-up, earnestly fulfill social responsibilities, comply with national laws and regulations, respect the legitimate rights and interests of citizens, and respect social public order and good customs.
6.3 The user shall undertake that in the process of using Mibro Fit products and services (including but not limited to: texts, comments, follow-ups, bullet chatting, pictures, videos, and software products), he/she consciously comply with “seven bottom lines”, which include abiding by laws and regulations, the socialist system, national interests, the legitimate rights and interests of citizens, public order, social morality and ensuring information authenticity, and shall not publish, forward or transmit contents containing one of the following. Otherwise, Mibro Fit shall have the right to handle the matter at its own discretion without notifying users. The user shall not publish any content:
(1) that is against the basic principles established by the Constitution;
(2) endangering national security and divulging state secrets;
(3) subverting state power, overthrowing the socialist system, inciting others to split the State, and undermining national unity;
(4) harming state honor and interests;
(5) promoting terrorism and extremism;
(6) promoting national hatred and national discrimination and undermining national unity;
(7) inciting regional discrimination or regional hatred;
(8) undermining the national religious policy or promoting cults or feudal superstitions;
(9) fabricating or disseminating rumors or false information, disrupting social order or undermining social stability;
(10) disseminating obscenity, pornography, gambling, violence, murder, terror or instigates crime;
(11) endangering network security, or using network to engage in activities endangering national security, honor and interests;
(12) insulting or slandering others, or infringing on the legitimate rights and interests of others;
(13) terrorizing or threatening others by violence or conducting Internet mass hunting;
(14) involving the privacy, personal information or data of others;
(15) disseminating foul and obscene wording and damage the public order and good customs of society;
(16) infringing on the rights of privacy, reputation, portrait, intellectual property and other legitimate rights and interests of others;
(17) disseminating commercial advertising, or similar commercial solicitation, excessive marketing and junk information;
(18) being commented in languages other than those commonly used on the website;
(19) having nothing to do with the information being commented;
(20) making no sense, or deliberately using character combinations to avoid technical review;
(21) infringing upon the legitimate rights and interests of minors or impairing their physical and mental health;
(22) infringing upon the legitimate rights of others by secretly photographing or recording them without their permission;
(23) containing terror, violence, bloodiness, high risk, harming the physical and mental health of performer or others, including but not limited to the following circumstances:
1) containing any act of violence and/or self-harm;
2) threatening life and health, or endangering one’s own or others’ personal and/or property rights by performing with dangerous instruments such as knives;
3) encouraging or inducing others to participate in dangerous or illegal activities that may cause bodily injury or death;
(24) violating laws and regulations, policies, public order and good customs, interfering with the normal operation of Mibro Fit or infringing upon the legitimate rights and interests of other users or third parties.
6.4 When using Mibro Fit products and services, the user shall undertake to comply with the following provisions:
(1) All acts performed shall comply with national laws, regulations and other normative documents as well as the provisions and requirements of Mibro Fit, and shall not violate the public interest or public morality, harm the legitimate rights and interests of others, or violate the relevant rules of this Agreement.
(2) The user shall not release information of products or services prohibited by the State or suspected of infringing on others’ intellectual property rights or other legitimate rights and interests, shall not release information of products or services that is against the public interest or public morality or that Mibro Fit considers inappropriate to be posted on Mibro Fit, and shall not release other information suspected of violating the laws or this Agreement and various rules.
(3) Unless otherwise agreed between the user and Mibro Fit, the user shall not commercially exploit any data/information in Mibro Fit, including but not limited to using all information or courses displayed in Mibro Fit in any manner such as reproduction and dissemination, without the prior written consent of Mibro Fit.
(4) The user shall not use any device, software or program to interfere with or attempt to interfere with the normal operation of Mibro Fit or any transactions and activities being carried out on the Mibro Fit platform.
(5) Unless otherwise required by law, no entity or individual may, in any way, illegally reproduce, forward, reference, link, grab or otherwise use the information of Mibro Fit Products in whole or in part, without the express special written permission of Mibro Fit, otherwise Mibro Fit has the right to investigate its legal liability.
6.5 With the written permission of Mibro Fit, the sharing and forwarding of information and content of Mibro Fit software and related services by the user shall also comply with the following provisions:
(1) The source page of Mibro Fit software and related services shall not be altered in any form, including but not limited to the homepage link entry of Mibro Fit software and related services, nor shall any form of blocking, insertion, popover and other obstacles be made to the display of the source page of Mibro Fit software and related services;
(2) Secure, effective and tight measures shall be taken to prevent the information of Mibro Fit Software and related services from being illegally accessed by third parties in any form, including, but not limited to “spider” program.
(3) The relevant data shall not be used for purposes other than those permitted in writing by Mibro Fit, sold and used commercially in any way, or disclosed or made available to third parties, or allowed to be used in any way by third parties.
6.6 The user fully understands and agrees that:
(1) in case of any legal consequences arising from the violation of the aforementioned commitments and norms, the user shall be independently liable in his/her own name and shall indemnify Mibro Fit from any damages or increased costs arising therefrom.
(2) the user shall fully indemnify Mibro Fit for all costs incurred (including, but not limited to, various indemnification fees, litigation agency fees and other reasonable expenses incurred in connection therewith) in the event that Mibro Fit is subject to a claim by a third party as a result of the user’s violation of the law or this Agreement.
(3) Mibro Fit shall have the right to delete the relevant information at its own discretion, and publicize your suspected illegal/infringing acts and the measures taken against you in Mibro Fit or on the website when a third party considers that the content/products (including but not limited to videos, pictures, texts, applications, and software) posted or uploaded by the user violate its rights, or when the effective instruments of the state administrative or judicial authorities confirm your illegal or infringing acts, or when Mibro Fit, based on its own judgment, considers that your acts violate the national laws and regulations or are suspected of violating this Agreement.
(4) If you find that contents posted by the user of Mibro Fit (including but not limited to pictures, videos, and texts) infringe upon your prior rights, you can report it online (click “... ” button at the lower right corner of the corresponding content page) or by sending an email to service@mibrofit.com.
(5) By uploading, posting and storing works and contents (including, but not limited to, pictures, videos, written and texts) in Mibro Fit, the user shall warrant that he/she has the legal literary property/copyright or appropriate license for the same and the user agrees to grant Mibro Fit a worldwide, free, irrevocable, indefinite, and transferable non-exclusive license. Mibro Fit shall have the right to display, disseminate and promote the aforementioned contents, and to reproduce, modify, publish and distribute the aforementioned content in any form. Mibro Fit shall have the right to display, distribute and promote the foregoing and to reproduce, modify, publish, distribute and otherwise use or authorize third parties to reproduce, modify, publish, distribute and otherwise use the foregoing in any form. Mibro Fit may use the foregoing works and contents for its own promotional or other lawful purposes, and if you do not agree to authorize Mibro Fit to use such works and contents, please contact us at service@mibrofit.com.
(6) Mibro Fit shall have the right to delete without notice and without liability any content or products on Mibro Fit that are suspected of being illegal, violating this Agreement or infringing upon the legal rights of others.
7.1 The user understands and agrees that the service may be interrupted or delayed due to risk factors such as force majeure in the process of using Mibro Fit services. Force majeure means unforeseen and inevitable objective events that cannot be overcome and have a significant impact on either Party or the Parties, including but not limited to natural disasters such as flood, typhoon, and earthquake as well as social events such as war, turmoil and government behaviors. In case of such a situation, Mibro Fit will endeavor to repair the product and service, provided that Mibro Fit shall be exempt from liability for any damage caused to you to the extent permitted by law.
7.2 To the extent permitted by law, Mibro Fit shall not be liable for service termination or disruption caused by:
(1) damage caused by computer viruses, Trojans or other malwares and hacker attacks;
(2) failure of computer software, systems, hardware and communication lines of the user or Mibro Fit;
(3) improper operation by the user;
(4) use of the Service by the user in a manner not authorized by Mibro Fit;
(5) other circumstances beyond Mibro Fit’s control or not reasonably foreseeable.
7.3 The user understands and agrees that in the course of using Mibro Fit products and services, he/she may encounter risks and damages caused by network information or other users, and that Mibro Fit is not responsible for the authenticity, suitability, or legality of any information or products, nor for damages caused to you by infringement. These risks include, but are not limited to:
(1) information containing threatening, defamatory, offensive or unlawful content, anonymously or under a false name;
(2) any psychological, physical and economic damage caused or likely to be caused by misdirection, deception or otherwise due to the use of the products or services hereunder.
7.4 Mibro Fit shall have the right to address unlawful or offending contents, products or services in accordance with this Agreement, but such right does not constitute the obligation or commitment of Mibro Fit, and Mibro Fit shall not warrant timely detection and appropriate action.
7.5 Mibro Fit shall not be liable for the single product or service provided to you by the single product operator through Mibro Fit, and the single product operator shall independently assume all the liabilities and obligations related to such product or service.
8.1 The user shall use Mibro Fit and services in a regulated and legal manner. If the user publishes information that is illegal, against social morality or against this Agreement, or if there is a violation of applicable laws and regulations or this Agreement, Mibro Fit shall have the right to take the following measures:
(1) directly deleting the content that violates laws and regulations or this Agreement;
(2) suspending or restricting your right to use Mibro Fit and its products and services, including but not limited to part or all of the features and products and services of Mibro Fit;
(3) terminating your right to use Mibro Fit;
(4) recalling your account, and prohibiting you from applying for or otherwise obtaining a new account;
(5) pursuing your legal responsibility according to law and claiming the corresponding damages.
8.2 Mibro Fit shall have the right to suspend, change or terminate the Mibro Fit Products or part of their features as required by business development and to decide whether to (continue) to provide certain products and services in Mibro Fit. Mibro Fit shall not be obligated to notify the user of the foregoing circumstances.
8.3 Unless otherwise provided for by law, the user shall be responsible for backing up the data stored in Mibro Fit. If the user’s service is terminated, Mibro Fit shall have the right to permanently delete all your relevant data in Mibro Fit from the server and shall not be obligated to return or provide the aforementioned data to you in any form.
8.4 You can enable and use single or specific service in the Mibro Fit software. Some single services may require you to also accept the special agreements for that service or other rules that bind you and the service provider. Mibro Fit will provide these agreements and rules in a prominent way for your reference. Once you start using the abovementioned services, you are deemed to be bound by the relevant agreements and rules for the single services.
9.1 The user agrees that Mibro Fit may send you advertising, promotional or publicity information in the course of providing the services, either on its own or by third party advertisers. The manner and scope of such information may be changed without specific notice to you.
9.2 The user shall be responsible for judging the authenticity and reliability of the advertising information sent to and promoted by Mibro Fit, and shall be responsible for his/her own judgment. Except as expressly provided by law, Mibro Fit shall not be liable for any loss/damage suffered by you as a result of transactions conducted as a result of such advertising information.
9.3 The user shall not block or filter advertising information without the written permission of Mibro Fit.
10.1 This Agreement is signed in Dongcheng District, Beijing, the People’s Republic of China.
10.2 Conclusion, validation, performance, interpretation and dispute resolution of this Agreement shall be governed by the continental law of the People’s Republic of China (exclusive of conflict laws).
10.3 Any dispute or controversy between you and the operator of Mibro Fit shall first be settled through amicable negotiation. Should the negotiation fail, you agree to submit the dispute or controversy to Beijing Arbitration Commission for arbitration in Beijing. The arbitration award shall be final and binding upon the Parties.
11.1 Where any provision of this Agreement is, for any reason whatsoever, in part invalid or unenforceable, the binding force of the remaining provisions of this Agreement on the Parties shall not be affected or impaired thereby.
11.2 All headings of terms hereof are for convenience only and are not intended to be a basis for interpretation of the terms.