User Agreement
Last updated: August 2023

Welcome to Launcher software and services!

The Launcher User Agreement (hereinafter referred to as "the Agreement") is a legal agreement between you and SHANGHAI TRANSSION CO., LTD (hereinafter referred to variously as "Launcher", "we", "us", or "our") for the right to use and manage Software services, and we would like to remind you of the importance of carefully reading and understanding the terms of the Agreement, especially those pertaining to the exemption and limitation of liabilities, privacy protection, rules governing use, applicable law, and the resolution of disputes along with any other terms or conditions that may be rendered in bold or capitalized so as to underline their importance. You must be of legal age of majority as defined by applicable laws in your jurisdiction to access and sign the Agreement. Minors are asked to read and understand the Agreement together with their legal guardian and obtain the express consent of their guardian before using the Software and related services.

Clicking Agree> on the web page/pop-up window and/or beginning to use Launcher software and services shall be deemed confirmation on the part of users that they have voluntarily read, understood, and agreed to be bound by the Agreement. If you do not agree to the Agreement, please refrain from using any part of Launcher software or services.

If you have any questions or suggestions regarding the Agreement, please communicate with us through the contact form attached to the Agreement and provide us with feedback, and we will be happy to answer your questions.

Contact Information: gp.feedback.launcher@transsion.com

For any questions or suggestions regarding the Agreement, please feel free to get in contact with us through Feedback in the Launcher Settings. We will be happy to answer any questions you might have.

I. Overview

1.1 The Services: We provide you with home screen services that include widgets, a global search function, and theme wallpapers among others through Launcher.

1.2 Scope of Application: The Agreement shall apply to all Launcher products and services including applications, mini-programs, Web pages, software development kits (SDKs), and application programming interfaces (APIs) for third-party websites and applications used on computers and mobile devices, or any other forms that may emerge in the future subject to the specific range of services offered by Launcher.

1.3 Protection of Minors: Users under the age of 18 (or the legal age of majority in the jurisdiction where you are using the Software or the Services) are asked to read and understand the Agreement together with a parent or legal guardian. Agreeing to and using the Software and Services shall be interpreted as an acknowledgment of having read the Agreement with a parent or legal guardian and their understanding and approval of the Agreement. Parents or guardians permitting a minor to use Launcher software or services agree to: (i) supervise the use of Launcher software or services by the minor; (ii) assume all risks associated with the minor's use of Launcher software or services, including but not limited to the risk of transmission of content to/from third parties via the Internet; (iii) assume any liability arising from the use of Launcher software or services by the minor; (iv) ensure the accuracy and authenticity of all information submitted by the minor; (v) assume all responsibility under the Agreement for the use of Launcher software or services by the minor and be bound by the Agreement.

1.4 Agreement Update: To improve the user experience and enhance the security of our products, we are constantly developing new software and services and providing you with software updates (these may include without being limited to software version upgrades, modifications, and functional improvements among others) or fixes in a timely manner, and we reserve the right to modify the Agreement when necessary in compliance with applicable laws and regulations. The updated terms shall replace the original Agreement and become effective upon the expiration of the period prescribed by applicable laws unless otherwise explicitly stated, with this Agreement coming into effect as of the date of the update. Updated terms shall be posted on Launcher software and services and may be reviewed at any time. Continued use of Launcher software and services after the Agreement has been updated shall constitute acceptance of the update. If you do not wish to accept the updated agreement, you have the right to stop using Launcher products and services.

II. Scope of the Software License

Subject to the Agreement, Launcher grants you a limited, non-exclusive, non-exclusionary, non-transferable, individual, revocable license to access and use the Software and Services with the right to install, use, display, and run the Software and Services on terminal devices you own or lease for non-commercial purposes. We retain all other rights related to the Software not expressly granted to you in the Agreement. Consent must be obtained to access any other rights related to the Software.

III. About Launcher Software and Related Services

3.1 Services provided by our independently developed software Launcher shall include without being limited to:

(1) Home Screen Widgets: Providing weather and clock functions among others for access to relevant information;

(2) Global Search: Providing search functions for local and internet applications and news among others;

(3) Theme Wallpapers: Providing wallpaper settings, download, and purchase services;

Please understand and be aware that our services may be adjusted and updated from time to time based on your needs or our operational needs, and please refer to the service features that we display in real time on the Software webpage or other service interfaces (if any).

3.2 You understand and agree that during your use of the Software and Services, we may send you relevant information, advertising, or brand promotions and will display commercial advertisements, promotions, or information (commercial or non-commercial) for the Software and Services and/or third-party suppliers and partners of the Software and Services. If you do not want to receive personalized push advertising, you can deactivate the function, but you may still receive non-personalized advertising during the use of our product. If you receive advertisements by email or SMS, you have the right to request to unsubscribe.

3.3 You understand and agree that we may suspend, interrupt, or discontinue the provision of the Software and Services in accordance with our business development needs or the requirements of judicial, regulatory, and supervisory authorities.

3.4 Unless permitted by applicable law and with our express written authorization, you are strictly prohibited from using or otherwise exporting or re-exporting the Software and Services.

IV. Restrictions on Use

4.1 During the use of the Software and Services, the following restrictions shall apply (including without being limited):

(1) publish, transmit, disseminate, and store contents that violate law and regulations, policies, social public order and good customs, and social morality, such as insults, libels, violence, and violations of religion; or publish, transmit, disseminate, and store false information and advertising that mislead, deceive, and negatively affect others.

(2) lease, lend, copy, modify, link, repost, compile, publish, release the Software, or conduct any similar acts.

(3) carry out jailbreaking, reverse engineering, reverse assembly, reverse compilation on the Software, or any other attempts to damage the Software; or use plug-ins, add-ons, or third-party tools/services not approved by us to access or interfere with the Software.

(4) copy, modify, add, delete, or mount on the data released into any device memory from the Software/the Services or during the operation of the Software, the interactive data between the client and the server during the operation of the Software, and the system data necessary for the operation of the Software, or create any derivatives of the Software; modify or forge the instructions and data in the operation of the Software; add, delete, or change the functions or operation effects of the Software; or operate or disseminate the Software and methods employed for the aforementioned purposes to the public, regardless of whether such acts are commerce-oriented.

(5) engage in other acts that violate law, regulations, policies, public order and good customs, or social morality, or that are in the absence of our written permission.

4.2 Engaging yourself or motivating others to engage in any duplication (other than as expressly permitted by the License), reverse compilation, reverse engineering, disassembly, attempt to export source code, decoding, or modification pertaining to Launcher software, the Services, or any part thereof (except those conducted under applicable laws or the terms of the license of an open source component that may be included in Launcher software) or create any other derivative works shall be strictly prohibited, and you hereby acknowledge it to be so. Deleting, blocking, or altering any proprietary notifications (including but not limited to trademarks and copyright notices) that may be attached to or included in Launcher software shall be strictly prohibited, and you hereby acknowledge it to be so.

V. Intellectual Property Rights and Ownership

The intellectual property rights to the content provided in the Software and related services (including but not limited to software, technologies, programs, web pages, texts, images, graphics, audios, videos, fonts, patents, trademarks, etc.) are the property of the company or have been legally authorized by a third party and are protected by applicable law on intellectual property, other laws and regulations on anti-unfair competition, and relevant international treaties. Users of the Software and related services are prohibited from commercially selling, copying, modifying, or granting any third party permission to use or make derivative use of the content provided by the Software (including but not limited to software, technologies, programs, web pages, texts, images, graphics, audios, videos, fonts, patents, trademarks, etc.) without the express written consent of the company. In the event of any of the above unauthorized actions, the company reserves the right to monitor infringements, send cease and desist letters, file lawsuits or appeal to arbitration, mediation, or settlement among others and to make decisions and implement them independently regarding the defense of its rights and interests.

Please contact the company for any doubts regarding the intellectual property rights of the content provided in the Software and related services (including but not limited to software, technologies, programs, web pages, texts, images, graphics, audios, videos, fonts, patents, trademarks, etc.). The company will be happy to address any such concerns.

VI. Precautions for Use

6.1 You hereby acknowledge that you understand and agree that relevant permissions and device interfaces may be required for a specific service of the Software, with the possibility that some services may request your consent to an additional user agreement. Please read the aforementioned agreement and relevant rules carefully before using the services.

6.2 We reserve the right to display various types of information in the course of providing Services, including, but not limited to, authorization requests an advertising and promotional information, which may appear in the form of system messages or pop-up windows among others. If you do not agree to receive such messages, you have the right to cancel the services involved, which may render relevant services or functions unavailable.

6.3 You hereby acknowledge that you understand and agree that we will undertake every commercially reasonable effort to safeguard the security of your data storage during your use of the Services but that we cannot provide complete warranties in this regard, as in the following cases:

(1) To the maximum extent permitted by law, we will not take responsibility for deleting or failing to store data in the Software and the Services.

(2) We will store the information required to conduct business according to the minimum storage period required, unless you agree to extend the retention period or are permitted by law, and we also have the right to determine the maximum storage space for your data in the Software, etc. You may back up the relevant data in the Software and the Services as you see fit.

6.4 When you use the Services, the specific content displayed may differ depending on the version of the software you are using. You hereby acknowledge that you understand and agree that when you use certain versions of the Software or go to application-related pages developed by us, the installation location, size, UI interface, or other necessary information about the installed applications on your terminal device may be adjusted in order to provide you with a better service experience depending on the version actually provided.

6.5 You hereby acknowledge responsibility for keeping your account information and password for use of the Software secure as well as responsibility for actions that occur under your account, including any content posted and consequences arising therefrom.

6.6 You shall exercise your own judgment regarding the content to which you are exposed when using the Services, and you assume all risks arising from the use of the content, including without being limited to risks arising from reliance on the accuracy, completeness, or usefulness of the content. We cannot and will not be liable to you for any loss or damage arising from the foregoing risks.

6.7 In the event of reports that you have violated the Agreement, we reserve the right at any time without notice to: delete or block the relevant content; suspend or terminate your use of the corresponding account or all services; pursue legal responsibility, among other measures. You shall be liable for any damages incurred by any third party arising from your breach of the Agreement. You shall also compensate us for any damages (including, but not limited to, possible administrative penalties, attorneys' fees, and investigation and evidence costs) that we may suffer as a result.

VII. About Updates

To provide you with a better service experience and ensure the security of the Software, we will provide updates or iterations of the Software and related services from time to time (including but not limited to software modifications, version upgrades, certain feature deactivation, feature enhancements, new service development, software replacements, and feature improvements, among others). You may choose whether to update the corresponding version as needed. We will also inform you in an appropriate manner where feasible (including but not limited to system prompts, in-app messages, announcements, app store update prompts, among others). You may choose whether to accept the updated version. Updating to the latest version may improve your user experience. Should you choose not to accept Launcher updates, we would ask that you understand that doing so may make the Software vulnerable to serious security risks or cause the Software to be unstable or unusable. Outdated versions may limit certain Software functions and services or cause them to cease working altogether.

VIII. Software or Services Provided by Third Parties

8.1 In order to facilitate your use of Launcher software and services, third-party software or services may be engaged with use or access provided by the third parties (including without being limited to services and content provided by third parties that you are redirected to through the Software or the Services, services, and content accessed by third parties through the Launcher open platform, to name a few). When using software or services provided by a third party, in addition to complying with the Agreement, you shall also be asked to abide by a user third party agreement. We cannot guarantee the security, accuracy, or effectiveness, among other uncertainties of the services and contents provided by a third party. To the maximum extent permitted by applicable law, the risks and responsibilities involved shall be borne by you the user.

8.2 You hereby acknowledge that you understand and agree that whether the third-party software or services come built into Launcher software and services or are opened or subscribed to afterwards, we cannot provide any express or implied warranty for the security, accuracy, or effectiveness, among other uncertainties of the services and content provided by third parties.

8.3 Any dispute arising between you and the above-mentioned software and service providing third parties must be settled by you and the third parties, with the relevant responsibilities shall be borne by you the user.

IX. About Payments and Advertisements

You hereby acknowledge that you understand and agree that the Software and its services are currently being provided for free, though as our services continue to evolve, they may come to require payment in the future. We reserve the right to add paid functions in future services as well as the right to display advertisements related to the Software or the Services. Software offers for paid services will be clearly displayed before use, with the free choice to accept their use or not. In this event, please follow the prompts (including without being limited to service fee standards, payment terms, and service rules) for paid services. . Paid services will only be made available after the explicit agreement to the fees has been provided.

The Software and Services may consume resources such as your device, bandwidth, and data resources, among others. Responsibility for fees incurred when using the Software, including internet access charges, SMS costs, and charges for additional software services shall be borne by you the user.

X. Privacy Policy

To provide you with Launcher software and services, we may need to collect your personal data. We take the protection of your personal data seriously and have developed the Launcher Privacy Policy (refer to Privacy Policy for details), which sets out detailed information on how Launcher collects, uses, stores, transfers, and discloses your personal data. You may go to My > Settings > Privacy Policy> to see the details. The Privacy Policy is part of the Agreement. By downloading, installing, or using TECNO Security Response Center and the Services, you agree to be bound by the terms of the Agreement and the Privacy Policy, and we will protect your privacy in accordance with the Privacy Policy.

XI. Termination and Liability for Breach of the Agreement

We reserve the right to judge whether user behavior complies with the terms of the Agreement. In the event you have been found to be in violation of relevant laws and regulations or any of the terms and conditions of the Agreement or related rules, Launcher and its licensors reserve the right to act in accordance with the severity of the violation and remove the offending information and restrict, suspend, or terminate the use of the Software and Services without further notice. In addition, you will be liable for your wrongdoings. Following termination of the Agreement, we will retain information kept in Launcher software and delete information generated during your use of the Software from our database within a reasonable period of time in accordance with the requirements of applicable laws and regulations. You agree that, to the fullest extent permitted by applicable laws, we shall not be liable for the removal of such information.

XII. Indemnity

You agree to indemnify, defend, and hold harmless us, our licensors, our agents, and all our officers, directors, and employees against and from any and all third-party claims, lawsuits, losses, damages, liabilities, judgments, costs, and expenses (including reasonable attorney fees) arising from: (i) any failure by you or anyone you permit to use the Services to follow the provisions of the Agreement during use; (ii) any violation by you or anyone you permit to use the Services of the provisions of the Agreement; or (iii) any violation by you or anyone you permit to use the Services of laws, regulations or the rights of any third party.

XIII. Disclaimers

13.1 To the fullest extent permitted by applicable law, the Software and Services shall be offered on an "as is" and "as available" basis, and we hereby disclaim any guarantees or other undertakings, whether express, implied, or statutory, including (without being limited to) implied guarantees, liabilities, or conditions (if any) of merchantability, fitness for a particular purpose, accuracy or completeness of response, results, exquisite achievements, freedom from viruses and negligence with respect to the Software and Services.

13.2 The Software does not contain any malicious code aimed at destroying your device data or accessing your private information. We will ensure the safe, timely, effective, accurate, reliable, and continuous operation of the Software and Services to the best of our ability. Nevertheless, due to the limitations of existing technology, certain factors of an unpredictable nature may affect the Software and Services. We cannot guarantee that the Software and Services are perfectly compatible with all software and hardware or completely free of any errors or interference, or that errors thereof can be corrected. In the event of incompatibility and software errors, please contact us for technical support. If the compatibility issue cannot be resolved, you may delete the Software. We will be exempted from liability for any loss caused to you to the maximum extent permitted by applicable laws.

XIV. Limitation of Liability

To the extent not prohibited by applicable laws, in no event shall we and our affiliates, officers, directors, employees, and agents be liable to you for any indirect, incidental, special, consequential, or punitive damages (even if we are aware of the possibility of such damages) due to the reasons below, including but not limited to loss of profits, damage to goodwill, loss of use, loss of data, loss of business interruption, or any other intangible loss, regardless of the cause of the formation and the theory of liability (in contract, tort, or others). The reasons include: (1) your use of or inability to use the Services; (2) unauthorized access to or alteration of content or data transmitted by you; (3) deletion, corruption, or inability to use of content or data transmitted by you through the Services; (4) acts done by any third party in connection with the Services; and (5) any other matters relating to the Services. This limitation may not extend to you if you are in a country or region that does not allow exemption of liability for personal injury and incidental or consequential damages, nor permit limitation on additional liabilities. Additionally, our liability for damages shall be limited to the total amount you paid for using the Software or its services in the 12 months before the claim date (in the case of paid services). However, should the laws in your jurisdiction prohibit limiting liability, applicable laws and regulations shall prevail.

XV. Governing Law and Dispute Resolution

15.1 Governing Law: Confirmation, performance, interpretation, modification, and dispute resolution for the Agreement shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China without regard to conflicts of laws provisions. You agree that the Agreement is signed in Hong Kong.

15.2 Arbitration: Every effort shall be made to resolve any dispute or controversy arising between you the user and us in relation to the Agreement through friendly negotiations. Should such negotiations fail, you shall agree unconditionally to submit any dispute or controversy (whether in contract, tort, or other disputes and controversies) arising from or related to us, our directors, agents, and employees to the Hong Kong International Arbitration Centre (HKIAC) for arbitration in accordance with the applicable rules of HKIAC. The arbitration shall be conducted by one (1) arbitrator. The arbitration shall be conducted in Hong Kong, China, the arbitration proceedings and all pleadings and documentary evidence shall be in English, and the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Any arbitration under the Agreement will be conducted on an individual basis and you shall not have the right to initiate any arbitration on a collective or representative basis, and you will not bring or participate in any class action against us.

XVI. General Provisions

16.1 Headings: The headings of all the terms of the Agreement are for reference only and have no actual meaning in and of themselves and cannot be regarded as a basis for interpreting the Agreement.

16.2 Severability: Should any judicial or administrative organ hold a term or provision of the Agreement to be partially invalid or unenforceable for any reason, such determination shall not affect the remaining terms and provisions of the Agreement, which shall remain valid and be interpreted accordingly.

16.3 Language: If this Agreement is available in more than one language, such as English and Arabic, the English version shall prevail in the event of any inconsistency.

16.4 Non-Waiver: Our failure to enforce any provision related to Launcher services or to require your fulfillment of any provision related to Launcher services shall in no way be construed as a current or future waiver of such provision, nor shall it in any way affect our right to enforce such provision thereafter. Our express waiver of any provision, condition, or requirement related to Launcher services shall not constitute a waiver of fulfilling any future obligation under such provision, condition, or requirement.

16.5 Entire Agreement: This Agreement constitutes the entire agreement between you the user and us regarding the use of the Software and shall supersede any prior agreement between you the user and Launcher regarding the use of the Software. You may also be subject to other terms and conditions when you use or purchase open-source software, third-party content, or other services.

XVII. About Us

This app and its related technologies and functions (collectively, the "Services") are provided and operated by Transsion Limited, a company incorporated under the laws of China and registered office at  No.1 Building, No.36 Xuelin Road, China (Shanghai) Pilot Free Trade Zone   Shanghai(hereinafter referred to as "Transsion", "we", "us" or "our"). In this Agreement (as defined below), "you" or "user" refers to any individual that uses and/or accesses the Services.