"vivo.com" End-User License and Service Agreement

"vivo.com" End-User License and Service Agreement

This "vivo.com" End-User License and Service Agreement (hereinafter referred to as the "Agreement") is the agreement between you and vivo with respect to the service of “vivo.com” ( hereinafter referred to as the “App”) and related technology and functions (hereinafter collectively referred to as the “Service”). Please carefully read and fully understand all terms and conditions of this Agreement, especially those regarding the exemption or limitation of vivo’s liability, limitation of user rights, dispute settlement and applicable laws, as well as content that is marked in bold format. Your using of the Service, or any parts thereof, shall be deemed as your acceptance of this Agreement, and your continued use of the Service, in whole or in part, shall be deemed as your irrevocable and unconditional acceptance of the terms and conditions contained herein including your irrevocable agreement to be bound by this Agreement. If you do not agree to this Agreement, you will not be able to use the Service.

"We" or "vivo" referred to herein shall mean vivo Mobile Communication Co., Ltd. located at No.1, vivo Road, Chang’an, Dongguan, Guangdong Province, China, with the Uniform Social Credit Code being 91441900557262083U registered by Market Supervision Administration of Dongguan Municipality.

1 Capacity for Civil Conduct

1.1 You represent and warrant that you have the full capacity for civil conduct in accordance with the laws of your region when you use the Service or agree to this Agreement.

1.2 You shall not use the Service or accept this Agreement without the consent or confirmation by your parent or guardian in the case that you are a minor or you do not have the full capacity for civil conduct in accordance with the law of your region.

1.3 You using of the Service or acceptance of this Agreement shall be deemed that you have met the provision in the first paragraph of this section or you have obtained the consent from your parent or guardian.

2 The Service

2.1 This Service is the mobile application software provided by vivo that is used to visit vivo's official website. By using the "vivo.com" application, you can receive the latest information from vivo's official website, log in to your vivo account, get help for vivo products, provide comments or suggestions on vivo and its products, and learn about your local vivo Service Center.

2.2 vivo Community provides you with Internet information storage space and information publishing services. You can post information, articles, comments, etc. in the form of text, pictures, videos, etc. (Supported in some areas only, please refer to actual availability)

2.3 Login / Registration Service

2.3.1 You may log in to your vivo Account to better use the Service.

2.3.2 You may create a vivo Account if you do not get one. You hereby agree to provide to us all necessary information for your registering of and logging in to vivo Account, including but not limited to your telephone number and email address. You further agree and warrant that the information you provide will be complete and accurate, and you will maintain the completeness, accuracy, and timely update of such information. If you provide any false information, or the information you provide is found incomplete or inaccurate, we will have the right to termination of any right of you with regard to vivo Account or cessation of any service you use via vivo Account. You hereby agree that any information that you provide to us, in connection with the creation, maintenance, and use of the vivo Account, and/ or the access and use of the Service, will be governed by the terms of our “privacy policy”.

2.4 Advertisement

2.4.1 You agree that vivo may deliver advertisements in the Service, including but not limited to advertisements displayed on the top banner of the home page. vivo may renew the content of advertisement at any time without any prior notice to you.

2.4.2 You hereby acknowledge and agree that vivo shall not be responsible or liable for the content of any advertisement displayed, delivered, or transmitted on or through the Service, and you shall not at any time hold vivo responsible or liable for the same. If any third-party links are advertised or displayed on the Service, then you acknowledge and agree, that the contents of such third-party websites shall be governed by the terms of such third-party website operators or owners, and vivo assumes no responsibility or liability for such third-party links and/or websites.

2.5 Others

2.5.1 The specific functions of the Service supported are subject to the software version you are using.

2.5.2 You understand and agree: in order to provide you with effective services, this Service may take advantage of your terminal processors, broadband and other resources. For the cost of data flow that may arise during the use of this Service, you need to know the relevant fee from the operator and bear the related expenses on your own.

2.5.3 In order to improve the user experience and service contents, vivo will make efforts to develop new services and provide update service from time to time (these updates may adopt one or more forms, such as replacement, modification, strengthen function, version upgrade, content adjustment and so on). In order to ensure the consistency of safety and function of the service, vivo has the right to update or adjust the service without giving you special notices, or to change or limit all or part of the function of the service. You agree: when your device connects to the Internet (cost of data flow may arise), (1) available updates will be automatically downloaded and installed; or (2) you will be notified or informed of the download or install for available updates. If you disagree of any available updates provided by vivo, the application or the Service may become unavailable. You agree: All available updates shall be deemed as an integrate part of the application or the Service and shall be governed by this Agreement.

3 License and Proprietary Rights

3.1 vivo hereby grants to you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to use the Service.

3.2 You agree that the licenses vivo grants to you hereby shall not be deemed or construed to mean any sale and/ or transfer of any content, product, or service, in whole or in part, to you by vivo.

3.3 vivo does not expressly or implicitly grant to you any right or interest of copyright, trademark, patent, or any other intellectual property or proprietary right, save for the limited license to the Service expressly granted to you in section 3.1 of this Agreement.

3.4 You shall not make any commercial use of, modify, disassemble, decompile, or reverse engineer any related contents of the Service.

3.5 You acknowledge and agree that all software and contents related to the Service, including but not limited to structures, source codes, and related documents of software, are properties of vivo, vivo’s affiliates or their suppliers, contain valuable trade secret and/or intellectual property, and shall be regarded as confidential information of vivo, vivo’s affiliates, or their suppliers.

3.6 Without the written permission of vivo, any user or third party shall not by himself or authorize, permit, assist others to perform below behaviors:

3.6.1 Duplicate, retrieve or use the information contents of the Service to promote, increase views amount and other commercial uses.

3.6.2 Edit, organize and compile the information contents of Service without authorization and display the contents outside the source page of the Service.

3.6.3 Use any identification methods including but not limited to special signs, special codes to direct, transfer or hijack the traffic or views of the information contents of the Service.

3.6.4 Other behaviors that illegally retrieve or use the information contents of the Service.

3.7 Without the written permission of vivo, any user or third party shall not directly or indirectly steal the information contents of the Service (including but not limited to by hotlinking, illegal crawling, download stimulation, deep links, counterfeit registration), or delete or alter the electronics rights management information thereof (including but not limited to by hiding or modifying domain names, specific signs of platforms, user names) in any way.

3.8 You agree to use the Service only in a manner consistent with all applicable laws, including, but not limited to, in accordance with the relevant copyright and other intellectual property rights regulations and/or export control regulations.

4 Users’ Behaviors

4.1 You hereby covenant that, in your use of the Service, you will abide by all the applicable laws and regulations, and will not use this service to conduct any illegal or infringing act, including but not limited to:

4.1.1 Hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating or sharing：

4.1.1.1 any illegal, defamatory, insulting, discriminatory, provocative, terroristic, aggressive, violent, hateful, obscene, pornographic, racially or ethnically objectionable, insulting or harassing on the basis of gender, threatens national security, integrity, or sovereignty or public order, or other offensive content in any form;

4.1.1.2 any content that is pedophilic, or is harmful to child;

4.1.1.3 any content containing software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

4.1.2 Fraud, money laundering, illegal transactions, gambling and so forth, or otherwise inconsistent with or contrary to the laws in force;

4.1.3 Infringing of right to name (such as, impersonating another person), reputation, personal information, privacy, and trade secret, copyright, patent right, trademark, and other proprietary rights of others;

4.1.4 Intentionally communicates false or misleading information with the intent to violate the law and/or infringe others rights and interests; and

4.1.5 Any other act that violates applicable laws and regulations, infringes rights of others and/or harm minors in any way.

4.2 If you are in violation of the preceding paragraph, vivo will have the right to unilaterally terminate the Service, remove infringing/illegal contents, and take necessary legal measures.

5 Personal Information Protection

We attach importance to your privacy and personal information so that our collection and processing of your information will in accordance with our “privacy policy”. Before you use the Service, please read the Privacy Terms for vivo.com in detail, you can also check the details of the Privacy Terms for vivo.com through [Settings - Privacy].

6 Disclaimer

6.1 The Service is for your personal use only and you shall not provide it to any third party. You understand and agree that you shall be solely responsible for the results of your use (that is illegal or in violation of this Agreement) of the services, performance or functions provided by vivo. You agree to take all risks of your using of the Service.

6.2 Any information, comment, or opinion you post via vivo Community do not represent the vivo’s point of view, and we are not responsible for the integrity, truthfulness, accuracy, or reliability of your opinions. vivo has the right to delete your posted information when you are suspected of violating the law or infringing the legitimate rights of others or violating this Agreement.

6.3 You are aware of and agree that all your behaviors in vivo Community will comply with relevant countries’ legislation, including but not limited to your post comments and reply. You are responsible for any consequences of your conduct arising from your use of the vivo Community.

6.4 You should make your judgment regarding illegal, unethical, deceptive or otherwise inappropriate information that you may be exposed to in the vivo Community. In any event, vivo shall not be liable for any loss or damage resulting from such information.

6.5 Notwithstanding anything to the contrary, the Service, and all information, products, software, programs, and contents related to the Service, including but not limited to the app, are provided on an "AS-IS" basis, without guarantees and warranties of any form or kind. vivo disclaims all representation or warranties, whether explicit, implied, statutory and otherwise, including but not limited to representations and warranties of security, stability, accuracy, merchantability, fitness for a particular purpose and non-infringement of ownership and intellectual property to the maximum extent permitted by law.

6.6 vivo hereby disclaims, and you hereby irrevocably, perpetually, and unconditionally discharge and release vivo, its affiliates, and employees, directors, and officers of vivo or its affiliates from all responsibilities for any indirect, incidental, special, or other damage or loss you have suffered arising out of or related to the Service or related contents, to the maximum extent permitted by law.

6.7 vivo shall not be liable for failure to provide the Service or fulfill the obligations in this Agreement that is on account of:

6.7.1 Force majeure, including but not limited to earthquake, flood, storm, tsunami, epidemic, war, terrorist attack, riot, strike, and governmental order;

6.7.2 Repair, update of software, or upgrade of hardware operated by us or by a third party at our instance;

6.7.3 Interruption of data transmission due to network operator’ problem or user’s network connection problem;

6.7.4 Any problem due to software or services provided by third parties or acts of third parties；

6.7.5 Other situations in which vivo shall suspend or terminate the Service in accordance with laws and regulations or other irresistible reasons, such as vivo’s business adjustment.

7 Governing Laws and Jurisdiction

Unless otherwise expressly stipulated to the contrary by the laws of the jurisdiction of your residence, this Agreement shall be governed by and construed in accordance with the laws of the People’s Republic of China, without regard to its conflict of laws. You agree that any dispute arising out of or related to this Agreement or the Service shall be settled through negotiation. Any dispute failing to be resolved through negotiation shall be submitted to Shenzhen Court of International Arbitration (SCIA), the People's Republic of China for arbitration in accordance with the laws of People's Republic of China. And the seat of arbitration shall be Shenzhen.

8 Contact

If you have any complaints, questions, comments or suggestions, you can refer to vivo official website (https://www.vivo.com) to contact vivo via online Customer Care, or contact vivo through the way as described in [Support - Contact us] of the APP.

9 Miscellaneous

9.1 This Agreement constitutes the entire agreement between you and vivo, superseding all prior agreements between you and vivo as to the subject matter hereof.

9.2 If any provision of this Agreement is held invalid or unenforceable, the remainder shall continue in full force and effect.

9.3 Any provision of this Agreement that is not enforced shall not constitute a waiver of right by you or vivo.

9.4 Licenses vivo grants to you shall be limited to those expressly granted herein. vivo reserves all rights not expressly granted to you.

9.5 If you are in breach of this Agreement, vivo will have the right to unilaterally terminate this Agreement and cease the relevant services, without bearing any responsibility for damages. For the avoidance of doubt, any provision of this Agreement which is expressed or intended to continue in force shall survive the termination of this Agreement until the expiration of the agreed conditions or termination by its nature.

9.6 vivo reserves the right to modify this Agreement from time to time. You can check the latest version of the terms of the agreement on the relevant page. Your continuing to use the Service shall be deemed as your acceptance of such modified version of this Agreement.

9.7 You agree to abide by the laws, ordinances, bylaws, and other regulations of local authority, state, autonomous region, federation, and country where you are located in your using of the Service.

Updated April 26, 2023