"Ottai Terms of Use"---The Usage of the Ottai App, platforms and services.

Release date: [2024] year [09] month [12] day
Effective date: [2024] year [09] month [12] day
Version: Edition [4]

General Provision

1. This is an agreement between you and Ottai Technology (Wuxi) Co., Ltd. (hereinafter referred to as "we") regarding the use of the services of the App, website, and other related services/platforms. To ensure that you can properly use our services, you should read and comply with the "Ottai User Agreement" (hereinafter referred to as the "Agreement"). Please be sure to read and fully understand the contents of the terms, especially the corresponding terms of exemption or limitation of liability (bold and underlined), as well as the use of a service under a separate agreement. If you ticked the checkbox, it is deemed that you agree to accept the terms and conditions of the Agreement. This service is intended for adults. If you are a minor under the age of 18, you are not authorized to use the services we provide. Despite differences in the definition of a minor under local law and customs, we consider any person under the age of 18 to be a minor.

2. You are assumed to have read this Agreement carefully and agreed to accept all the terms and conditions under this Agreement when you click on the button during the registration process. If we make any significant changes to this Agreement, we will re-solicit your consent.

3. You are not authorized to use our services unless you have read and accepted all of the terms of this Agreement. If we make significant changes to this Agreement, you should agree to and accept the updated terms of this Agreement, and if you do not agree, we have the right to terminate the services provided to you. In the event of a dispute between you and us, the updated Service Agreement shall prevail.

4. 4. We would like to remind you in particular that before you use the registration, please make sure that you have indeed read this Agreement carefully. If you have any objections to any of the terms of this Agreement, you may choose not to register as a user or to use any of the services of this platform.

5. The terms of this agreement apply to various services provided by this platform. However, when you use a specific service of this platform, if the service has separate service terms, guidelines, or rules, you should abide by this agreement and our policies from time to time. Published service terms, guidelines, or rules related to the service are all part of this agreement. Unless otherwise expressly provided in this agreement, newly launched products or services, or any new features that add to or enhance the current service shall be governed by this agreement.

1. Our Services

a. The services of this platform will be provided to you as soon as you register or log in to the Ottai APP or website. You can use the Ottai APP, website, or other platforms owned and operated by Ottai Technology (Wuxi) Co., Ltd. to obtain the corresponding services.

b. After registering and logging in to the platform, you can use services such as real-time blood glucose monitoring and analyzing blood glucose data by binding the blood glucose meter device you purchased, following the instructions and guidelines of the platform.

c. If you choose to turn on the blood glucose notification feature during your use of the services on the Platform, the audio background mode will be turned on by default, which will reduce the battery life.

d. In the process of using this platform, you may accept third parties to provide you with services (hereinafter referred to as "third-party services"). When you use these third-party services, you will be subject to the relevant rules of these third-party services, which will be shown to you when you first use the relevant services, so please pay attention to them. The actual provider of the third-party services will be liable to you for the third-party services, and we will provide you with the necessary assistance and assume responsibility to the extent necessary under the law.

e. We have the right to adjust the specific content of the service according to changes in circumstances. When the service content of this website is adjusted, we will notify or announce the aforementioned changes, or, within a certain period, remind you before using the corresponding service. If the user does not agree to the above adjustments, they will not be able to continue to use the service; if the user continues to use the service, it will be deemed that the user agrees to the adjusted content and agrees to abide by it.

f.To provide you with better service and keep you informed of our product preferences, we may push/send you corresponding preferential advertisements through on-site mail, e-mail, SMS, etc. You may choose to unsubscribe from the service when you receive such messages. If you choose to unsubscribe from the service, we will no longer send you the relevant promotional advertisements via SMS.

2. Restrictive Terms

a. In the course of your use of the services of this platform, if we find or receive reports or complaints from others about users violating the provisions of this Agreement, we have the right to review and delete the relevant content, including, but not limited to, user information, at any time without notice. Depending on the severity of the case, we may impose penalties on the offending account, including, but not limited to, warnings, account suspension, equipment/device restrictions, function bans, and notifying the user of the results of the action taken.

b. Users whose accounts have been blocked or banned for violating statements or regulations following this Agreement may contact us on their own. Among them, users whose functions have been blocked, banned, or restricted will have their restricted functions restored automatically after the expiration of the restriction period. Users who have been banned may submit a complaint, and we will review the complaint and decide, in our sole and reasonable discretion, whether to change the penalties.

c. The user understands and agrees that we have the right to deal with violations of relevant laws and regulations or the provisions of this Agreement under reasonable judgment, to take appropriate legal action against any user who violates the law, and to save the relevant information according to laws and regulations to report to the relevant departments, etc. The user shall bear all legal responsibilities arising therefrom.

d. The user understands and agrees that the data obtained from using our products for blood glucose monitoring will inevitably have respective errors. However, please believe that the errors of our products will always be controlled within the scope permitted by the standards of medical devices, laws and regulations, and that we will not bear any responsibility for any losses caused by the reasonable errors of our products.

e. You may provide the blood glucose data obtained from our products to the relevant medical institutions; however, we would like you to understand and accept that we are not responsible for the diagnosis and subsequent treatment advice or recommendations made by the medical institution based on this data.

f. We have formulated a strict information management policy, equipped with a professional technical team, and taken a series of reasonable precautions to protect your personal information from being illegally stolen as far as possible; however, we will not be held responsible for any leakage, loss, or misappropriation of your personal information due to computer or mobile phone terminal problems, hacker attacks, or computer or mobile phone terminal virus intrusions.

3. User Account Management

a. Account Registration: Users must register an account before using the service. The account should be registered with a binding mobile phone number. Please use a cell phone number that has not yet been bound to the account, as well as a cell phone number that we have not blocked following this Agreement to register for an account. We may change the method of account registration and binding according to user demand or product needs, and you should cooperate at that time; otherwise, we may not be able to continue to provide you with the corresponding services.

b. Account Custody: You are responsible for keeping your account safe, and we will not ask you for your account password at any time. You are solely responsible for all consequences of improperly maintaining your account and password.

c. You are committed to providing truthful information when registering your account and are willing to bear the adverse consequences to you and any losses to us or third parties as a result of providing false information. When you apply for the opening of certain services, we will verify your true identity, and you undertake to cooperate actively, otherwise, you will not be able to use these services.

d. Your account is for your personal use only; please do not share your account with others. Otherwise, we will not be able to guarantee the security of your data. You understand and agree that any actions performed using your account are considered your actions and that you will be jointly and severally liable even for actions performed by others using your account. If you become aware of unauthorized use of your account, please contact us immediately.

e.After the user completes the registration process, you may not transfer, give, sell, borrow, rent, or authorize others to use your account in any form. If you take the initiative to disclose or lend account information, or if you suffer from attacks, fraud, and other acts by other people that lead to loss and consequences, we are not responsible. You can recover from the tortfeasor through judicial, administrative, and other remedies.

f. Users shall comply with the terms and conditions of this Agreement and use the service correctly and appropriately. If a user violates any of the terms and conditions of this Agreement, we have the right to terminate the provision of services to the account of the defaulting user in accordance with the Agreement.

4. Terms of Service Suspension, Changes and Termination.

a. Given the special nature of our services, we may change, interrupt, or terminate part or all of the services. If we change, interrupt, or terminate the relevant services, we will notify you in advance as soon as possible. However, in any case, we will not be liable for any change, interruption, or termination of part or all of our services that is not due to the fault of us and/or our partner companies and/or affiliates.

b. You understand that we will need to inspect or maintain the platform or related equipment on which the service is provided on a regular or occasional basis and that we will not be liable for any interruption in the service for a reasonable period due to such circumstances, but we shall give prior notice whenever possible.

c. We have the right to interrupt or terminate the provision of services to you under this Agreement at any time without liability to you or any third party if any of the following occurs:

(1) You violate relevant national laws and regulations or our management regulations and infringe on the legitimate rights and interests of others;

(2) You lost access to website services;

(3) You violate our published policies;

(4) Situations where we believe it is necessary to terminate the service.

d. After the service is changed, interrupted, or terminated, we still have the following rights:

(1) After the service is terminated, we will delete or anonymize your registration data and previous behaviour records;

(2) If you have committed illegal acts or behaviours or violated the terms on our platform before the service is changed, interrupted, or terminated, we can still exercise the rights stipulated in this document.

e. We are not responsible for your inability to use our services normally due to technical reasons such as force majeure, network conditions, telecommunication hardware outages, the user's own fault, or other uncontrollable reasons.

5. User Code of Conduct

a. The content referred to in this Article refers to any content produced, uploaded, copied, published, or disseminated by users in the course of using the Platform, including but not limited to account avatars, names, user descriptions, and other registration information and authentication data.

b. Users shall not utilize the platform or the service to create, upload, copy, publish, or transmit content that is prohibited by the following laws, regulations, and policies:

(1) Opposing the fundamental principles established by the Constitution;

(2) Endangering national security, leaking state secrets, subverting state power, or undermining national unity;

(3) Damaging the reputation and interests of related countries/regions;

(4) Inciting ethnic hatred and ethnic discrimination and undermining national unity;

(5) Undermining the state's religious policy and promoting cults and feudal superstitions;

(6) Spreading rumors, disturbing social order, and undermining social stability;

(7) Spreading obscenity, pornography, gambling, violence, murder, terror, or abetting crimes;

(8) Insulting or slandering others, infringing on the legitimate rights and interests of others;

(9) Information containing other content prohibited by laws and administrative regulations.

c. Users shall not use their accounts on the Platform or the Service to create, upload, copy, publish, or disseminate content that interferes with our normal operations or infringes on the legitimate rights and interests of other users or third parties, as follows:

(1) Contains any sexual content or sexual innuendo;

(2) Contains abusive, intimidating, or threatening content;

(3) Contains harassment, spam, malicious information, or baiting information;

(4) Involves other people's privacy, personal information, or data;

(5) Infringes on others' rights of reputation, portrait, intellectual property, trade secrets, and other legal rights;

(6) Contains other information that interferes with the normal operation of the Service and violates the legitimate rights and interests of other users or third parties.

6. Rules of Use

a. Any content transmitted or published by users in or through this service does not reflect or represent, nor shall it be deemed to reflect or represent, our views, positions, or policies, and we do not assume any responsibility for this.

b. Users are not allowed to use this platform account or this service to conduct the following behaviors:

(1) Submit or publish false information, steal other people’s avatars or information, impersonate or use other people’s names;

(2) Force or induce other users to pay attention to, click on linked pages, or share information;

(3) Fabricate facts and conceal the truth to mislead or deceive others;

(4) Use technical means to create fake accounts in batches;

(5) Use this platform or this service to engage in any illegal or criminal activities;

(6) Produce and publish methods and tools related to the above activities, or operate or disseminate such methods and tools, regardless of whether these activities are for commercial purposes;

(7) Other behaviors that violate laws and regulations, infringe upon the legitimate rights and interests of other users, interfere with our normal operations, or are not expressly authorized by us.

c. Users are solely responsible for the authenticity, legality, harmlessness, accuracy, validity, etc., of the information transmitted using this platform account or this service. The user shall bear any legal liability related to the information disseminated by the user. It has nothing to do with us. If this causes damage to us or a third party, the user shall compensate us in accordance with the law.

d. Our services may include advertisements, and users agree to display advertisements provided by us and third-party suppliers and partners during use. Unless expressly provided by laws and regulations, users shall be solely responsible for the transactions conducted based on the advertising information. This platform does not assume any responsibility for the loss or damage suffered by the users due to the transactions conducted based on the advertising information or the content provided by the advertisers mentioned above.

e. When users initiate sharing activity based on the features or other functionality results from any of Ottai's own & operated services and platforms with third-party service providers, including your info saved in-app, health-related data including but not limited to your glucose readings, graphical presentations generated, and glucose event alerts, the sharing behavior and its potential privacy-related affairs will not be covered by this document but will follow guidelines and governance from the intended service provider or third parties' privacy policy agreement when applicable.

When using Ottai's own & operated services and platforms, your third-party devices may share usage or other data upon connection; your information might be collected to aid in better experiences and service customization with us. Besides, the authorizations and approvals made are also inherited by the other services & platforms from Ottai. The sharing and use of your data by the third-party partner will follow guidelines and governance from the intended service provider or third-party privacy policy agreement when applicable.

You can opt-out of sharing data to/from your Ottai account by turning off the sharing function at any time or requesting the designated information recipient to stop using/deleting related data.

7. Privacy Protection

This platform attaches great importance to the protection of your personal information. When you use the services provided by this platform, you agree that this platform will collect, store, use, disclose, and protect your information following the provisions of this Agreement and the "Ottai Personal Information Protection Policy."

If you do not consent to the gathering of all or part of your personal information and/or if you do not agree to our Personal Information Protection Policy, we will not be able to provide you with our services. We will not be responsible for this.

8. Ownership and Intellectual Property Rights

Rights Protection: You understand and agree that any codes, trademarks, service marks, trade names, graphics, artwork, photos, portraits, textual content, audio, video, button icons, as well as computer software, logos, digital downloads, data compilations, etc., contained in the services provided by the Platform are the property of the Platform or its content providers and are protected by the laws and regulations of the People's Republic of China on copyrights, trademarks, and other property ownership. Protected by the laws and regulations of the People's Republic of China on copyrights, trademarks, and other property ownership rights, you shall not engage in any behavior that infringes the intellectual property rights or other rights and interests of the Platform or any third party, including but not limited to:

(1) Deleting or modifying the copyright information on this platform;

(2) Renting, lending, copying, modifying, linking, reprinting, assembling, publishing, and establishing mirror sites on this platform and the relevant information therein without authorization, and using this platform to develop related derivative products, works, services, plug-ins, compatibility, interconnection, etc.;

(3) Building various plug-ins or other third-party programs into this platform, or producing, publishing, and disseminating the above programs, regardless of whether they are for commercial purposes;

(4) Compiling, decompiling, reverse engineering, or otherwise cracking the rules of this platform;

(5) Using plug-ins on this platform and/or exploiting bugs in this platform to obtain improper benefits;

(6) Using techniques such as hijacking domain name servers to illegally invade and destroy the server software system of this platform, or modifying, adding, deleting, stealing, intercepting, or replacing data in the client and/or server software system of this platform, or illegally occupying the server space of this platform, or performing other actions that overload it.

9. Legal Liability and Exemption

a. We and our partners are not responsible for any losses suffered by users due to third-party communication line failures, technical problems, network or computer failures, system instability, and other force majeure events.

b. This Service Agreement constitutes the entire agreement between you and us concerning the subject matter of the Service and other related matters and does not give the parties to the Service any rights other than those outlined in the Terms of Service, such as copyrights, trademarks, and other intellectual property and proprietary rights.

c.Under no circumstances will we be liable for any indirect, consequential, punitive, incidental, special, or penal damages, including lost profits, suffered by users as a result of their use of our services. Notwithstanding any contrary provision that may be contained in this Agreement, our entire liability to you, regardless of cause or course of conduct, shall at all times not exceed the amount of fees, if any, paid to us by you for the use of our services.

10. Liquidated Damages

a. Default Determination: You understand and agree that we have the right to determine whether the user is in breach of contract based on the following circumstances and take measures based on the results of the judgment:

(1) If the use of the services provided by us violates the relevant laws and regulations;

(2) Violation of the terms of this Agreement;

(3) To adapt to the development of the Internet and meet the needs of massive users for efficient and high-quality services, we will determine whether you constitute a breach of contract and take measures to deal with the breach of contract based on the relationship between your user data and massive user data, as well as the normal usage habits of ordinary people, business/industry habits, common sense, and other factors. You are obliged to provide sufficient evidence and reasonable explanations for the behavioral anomalies, data anomalies, and suspected breaches of contract promptly. We have the right to review the materials and explanations of your evidence and make corresponding treatments according to the review results, and you guarantee the authenticity and legitimacy of the submitted materials and bear the consequences of failing to provide evidence on your own.

b. The extent of the damage and how it is to be eliminated. Unless otherwise agreed, if your breach of contract causes us and/or our partner companies and/or affiliates to suffer losses, you shall indemnify us and/or our partner companies and/or affiliates for all losses suffered as a result of your breach of contract, including, but not limited to, direct economic losses, liquidated damages, penalties, advance payment of expenses, goodwill losses, and litigation costs, preservation costs, preservation insurance costs, notary fees, attorney's fees, and costs incurred by us and/or our partner companies and/or affiliates to reduce losses, prevent the aggravation of losses, or pursue the relevant responsibilities of the user. Cooperative companies and/or affiliates to reduce the loss, prevent the expansion of the loss, fix the evidence, or pursue the user's legal responsibility for litigation costs, preservation costs, preservation insurance costs, notary fees, attorney's fees, travel costs, appraisal fees, and other related costs and expenses. If the user's breach of contract causes damage to the goodwill of us and/or our partner companies and/or affiliates, the user shall also remove the influence for us and/or our partner companies and/or affiliates, and the ways to remove the influence include but are not limited to issuing a written letter of apology and publishing a statement in the publicly circulated newspapers or news media.

c. If we find or receive complaints from others that you have violated this Agreement, we have the right to delete the relevant content without notice and, depending on the severity of the behavior, impose a warning on the offending account, terminate your use of the platform, and take measures to pursue legal responsibility.

11. Modification of Terms of Service

a. To provide you with better service, we will adjust this Agreement following changes in our business. We have the right to update the terms and conditions of the management regulations according to the service situation and to remind you. If you do not agree with the updated terms, then you will not be able to continue to use or access our services and other related platforms provided by us.

b. After the modification of the terms of the agreement, if you do not accept the modified terms, please stop using the services provided by us immediately. The continued use of the services provided by us will be regarded as acceptance of the modified agreement.

12. Other Terms

a. We sincerely advise the user to pay attention to the terms and conditions in this Agreement; please read them carefully and consider the risks on your own. Minors should be accompanied by a legal guardian to read this Agreement.

b. The validity, interpretation, and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China. If any dispute or controversy occurs between the user and us, it should first be resolved through friendly negotiation, and if the negotiation fails, the user agrees to submit the dispute or controversy to the jurisdiction of the people's court with jurisdiction over the place of domicile of Ottai Technology (Wuxi) Co., Ltd.

c. If any provision of this Agreement is invalid or unenforceable for any reason, the remaining provisions shall remain in effect and shall be binding on the parties.