I. Service Contents

(I) The Product is intended to provide the User with Writing notes by electromagnetic pen, Recording, Speech recognition, OCR recognition, Online translation, Cloud storage and data synchronization, E-book reading, fingerprint recognition, etc. All the rights of the Product and Software and each of its functions, including without limitation to copyright, trademark, patent right and other intellectual property rights, power of management, and managerial right in and to the Product and Software, which have not been expressly granted to you shall continue to belong to us. 

(II) Speech recognition technology is applied in the Product to recognize users’ audio inputs and provide translation results according to the translation language selected by the User. SYNLAN does not access, review, reorganize or edit any translation results. 

(III) The product utilizes handwriting recognition technology and machine translation technology to identify the handwriting content of users and provide translation results. iFLYTEK does not access, review, reorganize, or edit any translation results.

II. Use of the Product

(I) The User needs to follow the guidance and prompts on the screen of the Product in order to use the Product and Software. 

(II) To improve the User experience and service contents, we will continue to develop new Services, and provide the User with updates for the Software from time to time. All updates shall be deemed part of the Software and Services and be subject to this Agreement. 

(III) To improve the User experience and ensure the consistency of safety and functions of the Services provided, we reserve the right to update the Software, or change or restrict some functions of the Software without notice. 

(IV) We hereby grant the User a limited, non-exclusive, non-transferrable, and non-sublicensable license to use the Product and Software individually and for non-commercial purposes. 

This license does not give the User the right to (i) rent, lease, sell, resell, sublicense, assign, or otherwise use the Product or Software for commercial purposes; (ii) download, duplicate, or otherwise use the Software by other means for the interests of any third party or to develop competing products; (iii) use data mining, robots, or similar data collection and extraction tools to extract information from the Software; (iv) bypass technical restrictions or limitations in the Product or Software; or (v) breach any security or authentication measures, carry out theft of any information on, or carry out any cyber attacks or other malicious or illegal activities through, the Product and Software. All rights not expressly granted to the User under this Agreement shall be reserved by us, or our licensor, supplier, publisher, or other content provider(s). The User shall not misuse the Product and Software, and is only allowed to use the Product and Software within the scope allowed by applicable laws and regulations in your jurisdiction and this Agreement. If the User fails to abide by these conditions, we shall have the right to suspend or terminate the license granted to the User unilaterally.

III. Representations and Warranties

(I) To the fullest extent permitted by applicable laws, SYNLAN expressly disclaims all warranties, representations, guarantees of any kind, other than those explicitly provided in the After Sales Policy, whether express, implied, statutory or otherwise, with respect to (i) the Product or Software, (ii) the information, materials, data and content that may be obtained from the use of the Product or Software, and (iii) results that may (or may not) be achieved by the use of the Product or Software (including the translation results), including without limitation to all warranties of availability, merchantability, third-party rights, title, satisfactory quality, fitness for a particular purpose, non-infringement, accuracy, correctness, legality, integrity, timeliness or effectiveness, compliance with laws, and any warranties arising from a course of dealing or usage or trade. We shall not be liable to the User for any legal liability for the infringements, disputes, losses, etc. resulting from the User’s inputs and the translation results generated by the Product and/or Software (and the use thereof by the User or any third party).

(II) The User hereby represents, warrants and undertakes the following:

1. The User will be responsible for all his/her use of the Product and Software, and will not use the Product to infringe upon any third party’s legitimate rights and interests (including without limitation to rights to property, intellectual property rights and rights of privacy).
2. The User will not utilize the Product or Software to create, store, transmit or distribute destructive, harmful, or malicious programs such as computer viruses, ransomware and other malware deliberately, or interfere with or disrupt the integrity, performance, operation or functionality of the Product and Software and any system server or network connected to it, or violate any requirements, procedures, policies, or rules for the network to which the Product and Software are connected.
3. The User will not utilize or exploit any possible defects or vulnerabilities in the Product or Software to make profits for himself/herself or any third party in any forms, or cause losses to us and any third party.
4. Without our written permission, the User shall not reverse engineer, decompile, or disassemble the Product or Software, undermine its integrity (including program codes, data, etc.), modify the Product or Software, or attempt to derive or gain access to the source code or infrastructure of the Software.
5. The User will not remove, delete, obscure, or change any trademarks or any intellectual property rights notices or statements displayed or contained in the Product and Software, or disturb or attempt to disturb the normal operation of the Product or Software by any means, or make, release, and disseminate tools, methods, etc. that may result in the aforesaid consequences.
6. The User will abide by all applicable export control laws and regulations in its use of the Product and Software, including relevant export control laws and regulations adopted by China as well as other countries and regions with the right of jurisdiction over such data transmission.
7. The User will not utilize the Product and Software to violate laws and regulations, policies, or public order and good custom, or carry out any unlawful purpose or criminal activity.

IV. Data, Information, and Privacy Protection

SYNLAN will collect, use, disclose and/or process your personal information in accordance with the Privacy Policy.

V. Claims and Confidentiality

VI. Risks and Liability Exemption

(I) The User acknowledges and agrees that the performance and functionality of the Product and Software may be affected by a variety of factors beyond SYNLAN’s control (including but not limited to reasons solely attributable to the User, network service quality, social environment, force majeure events, events beyond SYNLAN’s control, etc.). In addition, while SYNLAN will use commercially reasonable efforts to maintain appropriate technical safeguards, SYNLAN cannot guarantee the absence of safety issues. As such, you shall be solely responsible for maintaining good information security and personal data protection practices (including without limitation to using up-to-date anti-virus software and keeping your passwords confidential and changing them from time to time) in using the Product and Software to protect your information and devices, and SYNLAN shall not be liable to you for any harm or loss arising from or relating to the theft of your information.

(II) The Product and Software may become unavailable or inaccessible, or the normal operation of the Product or Software may be affected or disrupted from time to time due to:

1. System failure, maintenance or updates;
2. Force majeure events; and
3. Unforeseen events beyond our control,
   

(Collectively “Unavailability”).

We will use our best endeavors to minimize the duration of Unavailability. However, we shall not be held liable for any Unavailability, or any losses you may incur as a result of your inability to use the Product and/or Software during any Unavailability. In addition, we reserve the right to suspend or shut down all or part of the functions of the Product or Software, or to terminate particular features or functions within the Product and Software, without prior notice at our sole discretion for maintenance, updates, or other purposes.

(III) The User acknowledges and agrees that we shall have the right to unilaterally change, restrict, suspend, or terminate the Product or Software in whole or in part at any time without giving any notice or assuming any liability.

(IV) The User acknowledges and agrees that we will not assume any liability for losses resulting from the corruption, loss, leakage or theft of the User’s personal information due to force majeure or reasons not attributable to us.

(V) To the fullest extent permitted by applicable laws, SYNLAN shall not be liable to you for (a) any damage to your Product; (b) any loss of earnings, revenue, profits, sales, contracts, business opportunity, business or anticipated savings; (c) any loss of goodwill or loss of reputation; (d) any loss or corruption of your data or commercial information; (e) any injury to property or bodily injury (including death) to any person; or (f) any incidental, consequential, exemplary, special, punitive, multiple, pure economic loss or other indirect losses, arising from or relating to the use of the Product or Software, whether based upon warranty, contract, tort, statute, strict liability or otherwise, even if SYNLAN has been advised of the possibility of such damages or losses.

(VI) The User acknowledges and agrees that, unless otherwise prohibited under applicable laws, SYNLAN’s maximum liability towards the User or any third party relying on the translation results generated by the Product and/or Software shall be limited to 300 USD.

VII. Liabilities for Breach

(I) The User acknowledges and agrees that we shall have the right to take action against any unlawful behaviors based on our reasonable discretion.

(II) The User acknowledges and agrees that in using the Product and Software, he/she shall comply with this Agreement and all applicable laws. The User shall indemnify, defend and hold harmless SYNLAN and its related corporations, as well as the directors, officers, employees and agents of SYNLAN and its related entities (collectively, “SYNLAN Personnel”), from and against any and all claims, demands, actions, suits, investigations, inquiries, proceedings, damages, obligations, losses, liabilities, costs, penalties or expenses (including, but not limited to, legal fees incurred by us on a full indemnity basis) of whatsoever nature which may be suffered or incurred by SYNLAN as a result of or in connection with: (a) the User’s use of the Product or Software that is beyond what is permissible under local laws or this Agreement and the results obtained therefrom; (b) any breach of this Agreement or applicable laws by the User; (c) any damage or injury caused by the User to any person and/or their property; and (d) any infringement of any third party right (including any intellectual property, property, or privacy right). 

(III) The User acknowledges and agrees that this Agreement, the licenses granted to the User under this Agreement and the User’s right to access and use the Product and Software shall be deemed to be automatically terminated without prior notice in any of the following situations:

1. The User violates a provision of relevant laws or regulations, 
2. The User breaches a provision of this Agreement. 
3. SYNLAN is requested, ordered or directed to do so by any law enforcement agency, court, governmental authority or other competent authority. 
4. The User or a third party authorized by the User notifies SYNLAN in writing for SYNLAN to suspend or terminate the Users’ access to and/or use of the Product and Software. 
5. SYNLAN reasonably believes that it would be necessary to do so to protect SYNLAN's or any third party’s legitimate rights and interests. 
6. Other circumstances agreed herein arise.

SYNLAN shall not be held liable for any losses suffered by the User arising out of or in connection with such suspension or termination.

(IV) Without limitation to the foregoing, the User acknowledges and agrees that in the event the User’s access to and/or use of the Product and Software is suspended or terminated, SYNLAN shall have the right to:

1. Delete or block all or partial contents produced, edited, preserved, uploaded, or released by the User. 
2. Suspend/terminate the provision of Products and Services. 
3. Take other lawful measures we deem appropriate.

(V) The User acknowledges and agrees that in the event of the termination of the User’s access to and use of the Products and Services for whatever reason:

1. The User shall be solely responsible for backing up any relevant content and dealing with any issues that affect the User or any third party prior to the termination. 
2. If SYNLAN is investigated by a relevant administrative, judicial and law enforcement authority, or subject to complaints by any third party for reasons attributable to the User, and/or the legitimate rights and interests of SYNLAN and/or any third party are undermined as a result of the User's activity, the User shall assist SYNLAN and do all things as may be reasonably required to assist SYNLAN to respond to such investigations or complaints, and shall indemnify, defend and hold harmless SYNLAN from and against any losses or damages that SYNLAN may incur as a result.

Ⅷ. Miscellaneous

(I) The privacy policy, after sales policy and other policies applicable to the Product and/or Service and other rules of use (referring to various rules, specifications, announcements, explanations, interpretations, statements, guidelines, or other similar contents that have been published or will be published and made available through the Product and/or Service in the future) shall form a part of this Agreement.

(II) The effect and interpretation of this Agreement are subject to the laws of the Republic of Singapore. The User and SYNLAN agree unanimously that any dispute or disagreement arising from this Agreement shall be settled through amicable negotiation first; if negotiation fails, such dispute or disagreement shall be submitted to the exclusive jurisdiction of the Shanghai International Arbitration Centre ("SHIAC") for arbitration which shall be conducted in accordance with the SHIAC’s arbitration rules. The arbitral award is final and binding upon both parties.

(III) This Agreement comes into force on and from the moment the User uses the Product and/or Software. This Agreement will always remain effective unless SYNLAN otherwise terminates this Agreement. The termination of this Agreement shall not affect any accrued rights or liabilities of any party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.