1.1. This Agreement is the agreement entered into by and between you (hereinafter referred to as the "User") and Kiwi Warmer and its operating partner (hereinafter referred to as the "Partner") concerning the download, installation, and use of the “Kiwi Warmer" software (hereinafter referred to as the "Software") by the User, as well as the terms related to the use of Kiwi Warmer's services.
1.2. The Software and services are provided by Kiwi Warmer for installation on (including but not limited to) smart mobile devices, to provide services such as device pairing and operating smart products for the User who uses the said smart device.
1.3. The rights of ownership and operation of the Software and services are vested in Kiwi Warmer.
2.1. Kiwi Warmer grants the User a personal, non-transferable, and non-exclusive license to use the Software without the right to sublicense.
2.2. The User may install, use, display, and run the Software on a single mobile terminal device for non-commercial purposes. However, the User shall not install, use, or run the Software for the purpose of any commercial operation. The User shall not copy, alter or modify any data stored within the Software, any data released to the memory of any terminal device during execution of the Software or any data generated during the interaction between the client and the server during execution of the Software. The User shall not operate the Software through other software or create any derivative of the Software in any form, including but not limited to plug-ins, bots or accessing the Software and related systems through unauthorized third party tools/services. If you must sell, copy or distribute the Software commercially, such as for software pre-installation and bundling, a written authorization and permission from Kiwi Warmer must be obtained in advance.
2.3. Without the permission of Kiwi Warmer, the User shall not install the Software on other terminal devices that are not expressly permitted by Kiwi Warmer, including but not limited to set-top boxes, game consoles, televisions, and DVD players.
2.4. The User may make a copy of the Software for the purpose of using the said Software and services, which shall be used only as a backup. All backup copies shall include the copyright information provided with the original software.
2.5. Except as expressly authorized by this Agreement, Kiwi Warmer does not grant other rights to the User. If the User intends to exercise any other right, the written consent from Kiwi Warmer shall be obtained in advance.
3.1. The User shall download and install the Software from the website or in the manner designated by Kiwi Warmer. Be careful not to download the Software from undesignated websites, so as to prevent mobile devices from being infected by malicious programs that can destroy user data and acquire confidential user information. If you acquired the Software or an installation program with the same name as the Software from a third party that has not been authorized by Kiwi Warmer, Kiwi Warmer is unable to guarantee the normal functionality of such software and will not be liable for any losses you sustain from using such software.
3.2. The User must select the Software version that matches the terminal device it is to be installed on. Otherwise, any software problems, device problems or damages resulting from using an incompatible software version on the device model shall be solely assumed by the User.
3.3. In order to improve User experience and optimize service content, Kiwi Warmer reserves the right to provide replacement, modified, and upgraded versions of the Software, as well as the right to charge for these replacements, modifications, or upgrades. However, your consent is required before such charges can be collected. The Software will enable the "upgrade prompt" feature by default for the User. Depending on the software version installed by the User, Kiwi Warmer will provide the User with the decision whether to enable the said feature. After the new version of the Software is released, Kiwi Warmer does not guarantee that older versions of the Software will continue to be usable.
4.1. The User may use the Software and services in accordance with this Agreement and relevant laws. The User shall not commit the following acts:
4.1.1. Delete any copyright information from the Software and other duplicate copies, or modify, delete, or circumvent the technical measures set by the Software for the protection of intellectual property rights;
4.1.2. Perform reverse engineering of the Software, such as disassembly, decompilation or other attempts to obtain the source code of the Software;
4.1.3. Add, remove or change the features or running effects of the Software by modifying or forging the instructions and data during the running of the Software, or otherwise operate or disseminate to the public the software or methods used for the purposes described above, regardless of whether or not such actions are performed for commercial purposes;
4.1.4. Use the Software to commit any acts detrimental to network security, including but not limited to: using unauthorized data or access to unauthorized servers/accounts; unauthorized access to public networks or the operating system of others, and delete, modify or add any saved data; unauthorized attempts to detect, scan, or test the Software system or network weaknesses, or perform other actions to disrupt network security; attempt to interfere with or destruct the normal operation of the Software system or website, deliberately spread malicious programs or viruses, or carry out other acts that disrupt or interfere with normal network information services; forge the names or partial names of TCP/IP data packets;
4.1.5. The User logs into or uses the Software and services through a third party compatible software or system which was not developed, authorized, or approved by Kiwi Warmer, or makes, publishes, or disseminates the tools described above;
4.1.6 Without the written consent of Kiwi Warmer, the User performs action on the Software or the data contained therein including but not limited to the following: using, leasing, copying, modifying, linking to, reproducing, compiling, releasing, publishing or establishing a mirror site for or using the Software without authorization to develop related derivative products, works, services, plug-ins, bots, compatibility or interconnection;
4.1.7. Using the Software to publish, transmit, broadcast, or store content which violates local laws and regulations;
4.1.8. Use the Software to publish, transmit, disseminate or store any content that infringes on the legitimate rights and interests of others, such as intellectual property rights and trade secrets;
4.1.9. Use the Software to publish, transmit or disseminate advertising information or spam in bulk;
4.1.10. Use the Software and other services provided by Kiwi Warmer in any unlawful manner, for any unlawful purpose or in any manner inconsistent with the use licensed under this Agreement;
4.2. Information Publication Specifications
4.2.1. You may use the Software to publish content originally created by you or that you have the right to publish such as opinions, data, text, information, user names, images, photos, personal data, audio/video files and links. You must guarantee that you own the intellectual property rights for or have obtained legal authorization to use the information you upload and that your use of the Software and services does not infringe any legitimate rights or interests of any third party.
4.2.2. When using the Software, the User shall comply with local laws and regulations.
4.2.3. You shall not use the Software to commit the following acts, including but not limited to:
18.104.22.168. Produce, reproduce, publish, disseminate or store any content that violates local laws and regulations;
22.214.171.124. Publish, transmit, disseminate or store any content that infringes on the legitimate rights and interests of others, such as their right to reputation, personality rights, intellectual property rights, and trade secrets;
126.96.36.199. Make up fictitious facts or conceal the truth to mislead or deceive others;
188.8.131.52. Publish, transmit or disseminate advertising information or spam;
184.108.40.206. Engage in any other behavior that violates local laws and regulations.
4.2.4. Without the permission of Kiwi Warmer, you shall not carry out any commercial activities inside the Software, such as advertising and selling merchandise.
4.3. You understand and agree that:
4.3.1. Kiwi Warmer will determine whether the User is suspected of violating the above-mentioned usage specifications and, based on the result of such determination, suspend or terminate the use license granted to you or take other restrictive measures that may be taken in accordance with this Agreement;
4.3.2. Kiwi Warmer will directly delete any information suspected of being unlawful or infringing the legitimate rights of others or violating this Agreement, which is published by the User during his/her use of the licensed Software;
4.3.3. If you violate the above-mentioned usage specifications and thereby cause damages to a third party, you need to assume the liability in your own name and shall hold Kiwi Warmer harmless from and against any losses or expenses arising therefrom;
4.3.4. The User shall indemnify and hold harmless Kiwi Warmer from and against any and all losses, third-party claims, administrative penalties and damages and/or expenses, including reasonable attorney fees and investigation and evidence collection costs, incurred or suffered by Kiwi Warmer resulting from the User's violation of relevant laws or breach of this Agreement.
5.1. The User must procure the device required for Internet access and the usage of telecom value-added services by the mobile terminal device, and bear the telecommunication fees, data fees, and related costs incurred by accessing the Internet or charged by third parties (including but not limited to telecommunications and mobile communication providers). If any telecom value-added services are needed, you are advised to confirm the costs with your telecom value-added service provider.
5.2. Neither Kiwi Warmer nor its Partner is liable for any loss suffered by the User due to reasons attributable to third parties such as communication line failures, technical problems, network or mobile terminal device failures, system instability issues, and other force majeure factors.
5.3. The Software, like most other Internet software, may be affected by differences in factors including but not limited to the user, network service quality and social environment, and may also be subject to intrusion from various security problems, such as the usage of User data by others that creates a disturbance in real life; other software downloaded and installed by the User or other websites visited by the User contain "Trojan horses" and other viruses that threaten the security of the User's terminal device information and data and then affect the normal use of the Software. The User shall strengthen data security and consciousness of protecting user information and must strengthen password protection to prevent losses and disturbance.
5.4. When the User uses the Software or requests Kiwi Warmer to provide specific services, the Software may call upon a third party system or software to support the User's use or access. The results of the use or access will be provided by the third party. Kiwi Warmer does not guarantee the safety, accuracy and effectiveness of the results achieved through the support of the said system or software, nor does Kiwi Warmer assume any other uncertain risks; Kiwi Warmer assumes no liability in the event that any dispute arises therefrom or damage is caused thereby.
5.5. Kiwi Warmer specifically brings to the User's attention that, in order to protect the company's business development and right to make adjustments, Kiwi Warmer has the right to modify or suspend the services at any time without notice to the User and without any liability to the User or any third party.
5.6. Except as expressly specified in laws and regulations, we will do our utmost to ensure that the Software and the technology and information involved are safe, effective, accurate and reliable; however, due to limitations in current technology, the User understands that Kiwi Warmer cannot provide any guarantee.
5.7. The User shall be solely liable for compensation for any personal injury or incidental or indirect economic losses, including but not limited to compensation for profit loss, data loss and losses from interruption of business or any other commercial loss or compensation claim arising out of or in connection with any of the following circumstances:
5.7.1. The use of or failure to use the licensed software;
5.7.2. The unauthorized use of the Software or modification of the User's data by a third party;
5.7.3. Costs and losses incurred by the User during the use of the Software;
5.7.4. Misunderstanding of the Software by the User;
5.7.5. Misunderstanding or ignoring of Kiwi Warmer’s safety instructions by the User;
5.7.6. Misunderstanding or ignoring of safety instructions for electronic devices that are used in conjunction with the Kiwi Warmer hardware by the User;
5.7.7. Other losses in connection with the Software for reasons not attributable to Kiwi Warmer.5.8. For acts carried out through the Software between the User and other users of the Software, the liability for any personal injury or economic damages or losses that arise or may arise from the User having been misled or deceived shall be borne according to the law by the party at fault.
6.1. Kiwi Warmer is the intellectual property right holder of the Software. All intellectual property rights such as copyright, trademark, patent, trade secret, etc. relating to the Software, and all information related to the Software (including but not limited to text, pictures, audio, video, graphics, interface design, layout, data or electronic documents, etc.) are protected by the laws and regulations of the region you are currently living in and corresponding international treaties. Kiwi Warmer enjoys the intellectual property rights described above.
6.2. Without the prior written consent of Kiwi Warmer, the User shall not independently use or transfer any of the above intellectual property rights for any commercial or non-commercial purposes, or permit any third party to do so. Kiwi Warmer reserves the right to pursue legal liability for such acts.
7.1. Kiwi Warmer has the right to amend the terms of this Agreement when necessary, and any such amended terms will be published on relevant web pages. If the User does not agree with the amended terms, the User shall cancel the service. The User's continuing to use the service constitutes acceptance of the amended terms of the Agreement.
7.2. Kiwi Warmer and the Partner have the right to modify or change the paid services provided, the charging criteria, charging method, service charges and service terms according to their needs. When providing services, Kiwi Warmer may start to charge some users certain fees either now or in the future. If the User refuses to pay such fees, the User will be unable to continue using relevant services after the new charge begins. Kiwi Warmer and its Partner will do their utmost to notify the User of any amendments or changes by email or other means.
8.1. The validity and interpretation of this Agreement shall be governed by the laws of New Zealand.
8.2. This Agreement is signed in Auckland (New Zealand).
8.3. Both the User and Kiwi Warmer agree that any dispute arising from the services shall first be settled through consultations by the Parties. If no settlement can be reached through such consultations, either Party may submit the dispute to the court of competent jurisdiction over the district where this Agreement is signed.
9.1. For a specific service of the Software, there may be a separate agreement and related business rules, etc. (hereinafter collectively referred to as the "separate agreement"), so please read and agree to relevant separate agreement before using such specific service.
9.2. This Agreement shall enter into force on September 03, 2021.
9.3. The headings to all the terms of this Agreement are for ease of reference only and themselves contain no practical significance; they cannot be used in interpreting the meaning of this Agreement.
9.4. If any provision of this Agreement is or becomes invalid or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect and binding upon both Parties hereto.