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Terms of Use

Updated 2025-January

Reminders

Please read and accept these Terms of Use with Smart HomeX before you use our products and services.

  1. These Terms of Use, together with the Privacy Policy, Legal Statement (collectively, this “Agreement”), contain terms and conditions that govern your access to and use of Smart HomeX’s Website and our branded Mobile Applications (“Apps”) and services and is a binding agreement between the applicable Smart HomeX Contracting Party as defined herein (“Smart HomeX,” “we,” “us,” or “our”) and you or the entity you represent (“you” or “your”).

  2. You are supposed to read carefully and understand this Agreement before completing the registration procedure or using Smart HomeX Website and Apps and/or services in any way. By accessing or using any of Smart HomeX’s platform, Website and Apps and/or services, you acknowledge and agree that you have read, understood, and agreed to be bound by this Agreement (defined below). If you do not accept this Agreement or any provision herein, you cannot not proceed to the next step or shall stop the registration procedure.

  3. Smart HomeX reminds you again to carefully read and fully understand each provision, especially the provisions related to responsibility restriction or exemption.

  4. Your acceptance of this Agreement will be considered as the voluntary acceptance of all the terms, including any revision of this Agreement made by Smart HomeX at any time. The terms of this Agreement may be changed by Smart HomeX at any time, and the changed agreement, if published, will replace the original agreement without prior notice. You shall be responsible to periodically check this Agreement on the Website and App of Smart HomeX for any modification(s). If you do not accept any changed provision, you should immediately stop using the services provided by Smart HomeX. If you continue using such services, you will be deemed to have accepted the revised agreement.

  5. If you are under 18 years old you are not permitted to register for a Smart HomeX account and cannot use Smart HomeX Website and App and/or services.   In the event Smart HomeX discovers an account holder was under the age of 18 when an account is created  Smart HomeX reserves the right to permanently lock and disable the account.

  6. Contract Subject and Scope of Agreement

    1. This Agreement governs your use of Smart HomeX’s Website and App and/or services (including browsing of information on web page, account registration and other services). Smart HomeX Website and Apps and/or services include those with the domain names of www smarthomex.us. (e.g., mobile App).

    2. If you enter into this Agreement on behalf of an entity, you represent and warrant that you have the power and authority to do so and to bind the entity to the terms and conditions of this Agreement.

    3. If you intend to use or purchase a specific service on the Smart HomeX Website and App, you may also be asked to confirm relevant provisions for such specific service. You shall carefully read and fully understand the relevant provisions and choose to accept or not to accept such provisions.

    4. The Smart HomeX Contracting Party that you are contracting with in connection with your purchase or subscription of any Smart HomeX service is:

    5. Smart HomeX.

  7. Registration, Use and Security of Account

    1. Qualification

      1. You acknowledge that, when you complete the registration procedure or use the Website and App services in other ways permitted by Smart HomeX, you shall be a natural person, a legal person or other organization with full legal capacity as specified by the laws of your country or region of residence (hereinafter referred to as “you”). If you are a person without full legal capacity and/or a person with limited capacity, as specified by the laws of your country or region of residence, you do not have the above qualifications, and you and your guardian shall be responsible for all the consequences resulting from your improper registration behavior in accordance with the provisions of laws.

      2. You shall ensure that you are not subject to the trade restrictions, sanctions or other restrictions of laws and rules imposed by any country, international organization or region, otherwise you may be unable to register or use the services of Smart HomeX.

    2. Account Registration

      1. Upon filling in the information according to the prompt on registration page, reading and accepting this Agreement, and completing the whole registration procedure, you may obtain a Smart HomeX account and become a user of Smart HomeX.

      2. Account name set or confirmed by you during the registration (hereinafter referred to as “account name”) and your password will constitute your account after the successful registration (account name and password are together referred to as “account”).

      3. Your account name shall not violate the national laws and regulations as well as the management practices of Smart HomeX or shall not easily lead to the confusion between identity of you and Smart HomeX, otherwise your account may not be successfully registered or Smart HomeX has the right to close your account with or without prior notice at the sole discretion of Smart Home X.

      4. You shall accurately provide and timely update your account information according to the laws and regulations or the prompt on relevant page, to make the account information real, timely, complete and accurate. If your information is incorrect, false, outdated or incomplete, Smart HomeX may send you a notice of inquiry and/or correction request, and you shall provide or update relevant information according to the requirements of Smart HomeX. If your information is false, outdated, incomplete and/or inaccurate, you shall be responsible for the consequences and losses resulting from your failure to use the Smart HomeX account (the account cannot be registered, the account is frozen or closed, or the recertification fails until we terminate or suspend your access to part or all of the Services) or those resulting from the use of account.

      5. For provisioning of certain products or services, Smart HomeX may ask you

to provide further identiy information for further identity authentication or qualification, and you may use such products or services only after your account passes the authentication or qualification.

  1. In general, your account is the unique identification for all the activities on the Smart HomeX Website and App. Unless otherwise agreed, each Smart HomeX account may be used to carry out independent activities on the Website and App.

  2. You shall be fully responsible for the authenticity, legality and validity of your registration information; you may not pretend to be others or publish any information in other’s name; and you may not maliciously use the registered account leading to the misrecognition by other users, otherwise Smart HomeX has the right to immediately suspend the provision of services and/or suspend or terminate your account and you shall bear all the resulting legal responsibilities alone. You must use the Website and App as well as the products, programs and services of Smart HomeX in a legal manner, and must be responsible for all the actions that take place under your own account, including any content that you publish and any resulting consequence. Smart HomeX cannot and will not undertake any responsibility for any loss or damage resulting from the user’s behavior.

  3. Use and Security of Account:

    1. You have the right to use your account to enter the Website and App of Smart HomeX and use other services provided by Smart HomeX.

 

  1. Smart HomeX may inform you of the service progress and remind you to proceed to the next step by email, Website and App message, short message, telephone or other means. In the process of service, you shall timely login to your Smart HomeX account to check and complete any requested operations.

  2. One Smart HomeX account may only apply to the unique legal subject. Your Smart HomeX account may not be transferred to, assigned to, granted to and/or inherited by others in any way.

  3. Your account name and password shall be set and kept by yourself, and you shall keep your account name and password confidential. You shall correctly exit from the Website and App at the end of each on-line period. Given that there is any damage or negative effects due to disclosure of account information by yourself, or any attack, fraud or other actions, Smart HomeX will not take the responsibility(ies) in such situation and  any claim(s) you may have for compensations for infringement acts through judicial, administrative and other relief approaches to parties other than Smart HomeX.  This section shall constitute a complete waiver of any and all claims you may have against Smart HomeX related to and/or concerning the Website and App and/or services.

  4. You shall be responsible for all behavioral outcomes (including, but not limited to, online signing of various types of agreements, posting of information, purchase of products and services, development, disclosure of information, etc.) under your account.

  5. If others are found to use your Smart HomeX account and password without your authorization, you shall immediately inform Smart HomeX; Smart HomeX will assist you to freeze your account, change the password or complete other security settings; and you understand that Smart HomeX will need a reasonable time to take the action for your request, and Smart HomeX is not responsible for any consequence existing before Smart HomeX takes the action or any consequence attributed to you (including but not limited to any of your loss(es).

  6. Smart HomeX will also take reasonable technical measures at the server side of Website and App to guarantee the security of account(s).

  7. Freezing, Cancellation and Appeal of Account

    1. Freezing of Account Your Smart HomeX account (including all or partial

authorities or functions) may be frozen (e.g. the Smart HomeX account may be restricted in the transfer-out of funds), and Smart HomeX will inform you by email, Website and App message, short message, telephone or other means if:

  1. Based on the demands for operation of Smart HomeX Website and App and/or services and for transaction security, you have damaged or may damage or attempt to damage the fair transaction environment or regular transaction order of Smart HomeX or its Affiliate; or any use of your account includes the name or brand of Smart HomeX or its Affiliate and is suspected to mislead others; or figures and/or domain names are used to indicate or reflect a relationship with Smart HomeX or its Affiliate;

  2. You violate this Agreement, relevant rules and practices of Smart HomeX Website and App (such as transaction rules and management practices), and/or service instructions and/or other service agreements/provisions;

  3. You violate the national and/or international laws, regulations, policies and legal instruments;

  4. You are subject to any complaint(s) from other person(s);

  5. Any exception of your account in operation, income or exchange is identified by Smart HomeX through reasonable analysis;

  6. Freezing is required by the competent national and/or international authority;

  7. Smart HomeX reasonably determines that your other behaviors have the same nature as the above behaviors and/or have similar risks to the above behaviors.

  8. Cancellation of Account

    1. If any circumstance as mentioned in Clause 7.d occurs and such circumstance is serious, and/or based on the requirements of a competent national and/or international authority, your Smart HomeX account (including all or partial authorities or functions) will be canceled, and Smart HomeX will inform you by email, Website and App message, short message, telephone and/or other means.

    2. You understand and agree that if you have not entered the Website and App of Smart HomeX with your account for twelve (12) consecutive months and all the services under your account are expired, Smart HomeX has the right to cancel your account, and in this case, you are unable to enter the Website and App.

  9. Appeal

    1. In case of freezing or cancellation of account as mentioned above, you shall pay attention to such freezing or cancellation in time, and carry out subsequent operations such as appeal according to the following procedures:

      1. If you apply to Smart HomeX for release of the above freezing or cancellation through the appeal procedure, for the security of your account, you shall provide accurate identity certificates and relevant data as well as other information or documents as required by Smart HomeX for review. You shall fully understand that your appeal may not be certainly allowed, and Smart HomeX has the right to decide whether to accept your appeal.

      2. You understand and agree that if you refuse to provide accurate identity certificates and relevant data, or your appeal fails to pass the review of Smart HomeX, Smart HomeX has the right to freeze such account and restrict partial or all the functions of such account indefinitely.

  1. Website and App Services and Practices

    1. You are entitled to the Services provided by Smart HomeX through the Website and App. You shall also take the responsibility of timely payment and service management according to this Agreement and relevant provisions confirmed when purchasing the specific services.

    2. During the use of Smart HomeX’s Services, you shall ensure that:

      1. You will use the Services of Smart HomeX accordance with and in compliance with to the national, international and local laws and regulations, industry practices, and will not store, publish or spread the following information and contents through the use of such Services:

        1. Any content (information) in violation of national and/or international, laws, regulations and policies;

        2. Information propagating obscenity, pornography and/or indecency and/or information abetting the commission of any criminal activity(ies);

        3. Information infringing other’s legitimate rights and/or interests of any group protected by national and/or international laws, and/or content which constitutes hate speech as that term is defined by the applicable authorities;       and

        4. In the event Smart HomeX discovers you are in violation of this Section, Smart HomeX reserves the right to contact the proper authorities.

      2. Any behavior breaking or attempting to break network security will not occur, including use of technical or other measures to destroy or disturb the Website and App of Smart HomeX or other users;

      3. You will use the services of Smart HomeX Website and App accordance and in compliance with the terms and conditions of this Agreement;

      4. If you violate the above guarantees, Smart HomeX has the right to delete information, or suspend or terminate the service according to this Agreement, and also has the right to freeze or cancel partial or all the functions of your account.

      5. For some of the services involved in this Website and App, it is necessary for you to sign separate agreements with Smart HomeX, and you must fulfill all your obligations strictly in accordance with the signed agreements, otherwise you will no longer be able to enjoy the services and products provided by Smart HomeX.

    3. Order / Request

      1. When placing an order / submitting a request, you shall carefully confirm the information of products/services to be purchased, such as description, price, quantity, model, specification, size, contact address, phone and consignee.

      2. You understand and agree that: the prices and other sales information of products and services displayed on the Smart HomeX Website and Apps are only an invitation for offer. When placing an order, you must fill in the quantity of the products and services you wish to purchase, price, payment method, consignee, contact information, shipping address and other information. The order generated by the system is only the contract offer you send to Smart HomeX. A contractual relationship for the product can only be deemed to be established between Smart HomeX and you when the product in your order is actually delivered directly to you. Due to the individuation, differentiation, and other particularity of the software, technology, and other services, if the services cannot be implemented or cannot be provided for any reasons when you are submitting work order/ order to Smart HomeX for purchasing software and technical services, Smart HomeX can notify you to cancel the order (you may cancel the order).

      3. You agree to comply with the export control and customs laws and regulations of your country of origin, and other countries applicable to this agreement. You agree not to use the products or services provided by Smart HomeX for purposes prohibited by applicable export control and customs laws and regulations. Without the permission of the relevant competent authority, you and other individuals or entities authorized by you to use Smart HomeX products or services will not provide controlled technology, software or services to entities or individuals prohibited by applicable export control and customs laws and regulations through Smart HomeX products or services. If you are working on behalf of a restricted entities regulated by the above-mentioned government that refuses or restricts to trade, you cannot or shall stop using Smart HomeX's services and products by yourself.

      4. If Smart HomeX has reason to believe that any of your behaviors violate applicable export control laws and regulations, Smart HomeX may notify you of such situations at its sole discretion, and may take any appropriate and necessary actions against you based on the situation, including but not limited to requesting you to delete any Illegal content, disable or suspend your right to use Smart HomeX’s products, restrict your access to the You agree and guarantee that all actions on the Smart HomeX Website and App comply with the applicable laws of your country and applicable relevant laws and regulations as well as the policies and rules of the Smart HomeX Website and App.

      5. You agree that the End Use of Smart HomeX's products or services is Civil End Use, and that the above-mentioned products or services will not be directly or indirectly used for nuclear, chemical and biological weapons, missiles, weapons of mass destruction, terrorism and other military End Use.

      6. You agree and ensure that all behaviors and/or actions on the Smart HomeX Website and App comply with the applicable laws and regulations as well as the policies and rules of the Smart HomeX Website and App. If Smart HomeX suffers losses or damages result from your behaviors and/or actions, you agree that you shall compensate fully to Smart HomeX. If Smart HomeX finds you any improper, illegal, criminal behavior or behavioral tendency or suspicion, Smart HomeX is entitled t to immediately stop the service and conduct an investigation to you.

    4. Privacy and Personal Information Protection

      1. Your trust is very important to Smart HomeX, and Smart HomeX understands the importance of user information security. Smart HomeX will take commercially reasonable security protection measures to protect your information. Refer to Smart HomeX Privacy Policy for details. You agree that you have established a data and privacy security compliance system, comply with applicable national and regional data privacy laws and regulations, and take full responsibility for any violations of applicable data privacy laws and regulations. You agree that Smart HomeX will use the processed user data and statistical data in accordance with this Agreement to improve and provide better platform services.

 

  1. Intellectual Property

    1. If any organization or individual considers that any content on the Smart HomeX Website and App (such as reprinted articles and product information published by the service provider) may infringe any of its legitimate rights and interests, such organization or individual may send a written right notice to Smart HomeX at helpdesk@smarthomex.us,  and Smart HomeX will address such issue as soon as possible after receiving the qualified notice from the holder of intellectual property rights.

    2. Unless otherwise stated, Smart HomeX and its Affiliate own the intellectual property right for the logo of Smart HomeX Website and App, and other texts, graphics and their combinations, as well as other identification, symbols, names of Smart HomeX services and technical files on the Smart HomeX Website and App.

    3. You shall respect the intellectual property rights and other legitimate rights/interests of Smart HomeX and third parties, and ensure to indemnify Smart HomeX and its employees, investors and partners from any impact or loss due to illegal events infringing the above rights and interests. Smart HomeX reserves the right to terminate the services and refuse to refund if you infringe the legitimate rights/interests of Smart HomeX and/or third parties. You understand that the provision of products and services by Smart HomeX does not mean the transfer of any Smart HomeX intellectual property rights.

  2. Confidentiality

    1. Smart HomeX agrees to keep the information which is provided or informed during your registration of account or use of Smart HomeX services confidential, and will not disclose your information to any third party, unless:

      1. The information may be provided according to this Agreement or other service agreements, contracts or on-line terms signed between you and Smart HomeX;

      2. The information shall be provided according to the laws and regulations or the requirements of administrative, judicial or other competent authorities;

      3. Such confidential information has been disclosed to the public or can be obtained from the public domain without prejudice to the liability agreed hereunder.

  3. Scope and Limitation of liability

    1. You understand and agree that you shall undertake the claims of any third party resulting from your use of services, violation of this Agreement or any action which takes place under your account. If any third party makes a claim with Smart HomeX or its Affiliate, employees, customers or partners for this reason, you shall undertake and indemnify and hold harmless Smart HomeX and its Affiliates for all the losses and liabilities incurred therefrom.

    2. To the extent permitted by applicable laws, Smart HomeX shall have no liability for any direct, indirect, punitive, special or derived loss associated with or arising from this Agreement.

    3. If you obtain any product or service from third party through the use of Smart HomeX Website and App (e.g. the service provider in the Smart HomeX service market provides you services through the Smart HomeX platform), the service provider will be responsible for the services provided for you, and Smart HomeX assume no responsibility for such third-party services.

    4. In some cases, Smart HomeX may present its reference code or software so that you can use the services of Smart HomeX in a more convenient manner. If the software is the open-source software of third party, you shall follow relevant instructions for such software. According to the instructions on relevant page, you may be allowed for relevant operations such as downloading and secondary development of software. You shall understand and agree that the intellectual property of such code is owned by Smart HomeX, and you shall clearly indicate the holder of intellectual property during the use of code. In addition, Smart HomeX assumes no responsibility for your use of such code and software as well as any consequences resulting therefrom.

  4. Liabilities for Breach of Contract

    1. If one of the following situations occurs, you are deemed to be in breach of contract:

      1. You are violating relevant laws and regulations when using Smart HomeX platform services;

      2. You are violating this agreement or the supplemental agreement of this agreement.

    2. If there is a loss to Smart HomeX and/or related companies (including, but not limited to direct economic loss of their own, loss of goodwill and compensation paid to a third party, reconciliation payment, lawyer fees, and litigation fees, and other indirect losses) due to your behavior, you shall indemnify and hold harmless Smart HomeX and/or the related company from all the above losses.

  5. Force Majeure and Accident

    1. If the Website and App of Smart HomeX may not normally operate due to the following force majeure events or accidents, Smart HomeX is not liable for damages:

      1. Force majeure factors such as natural disaster, strike, riot, war, act of government, judicial and administrative order;

      2. Due to the special nature of the Internet, the force majeure under this agreement shall also include but is not limited to the following situations that affect the normal operation of the Internet: such as hacker attacks; virus attacks;  malware, SPAM, Denial of Service, doxxing, network failures, bandwidth, domain name resolution failures; power supply failures, communication network failures or technology Provider’s service delays, service barriers and other third-party factors; and any other events similar to the foregoing or that may have similar consequences.

      3. Short-time system maintenance of Smart HomeX with prior announcement or notice.

  6. Applicable Laws and Jurisdiction

    1. The validity, interpretation, modification, execution and dispute settlement of this Agreement are subject to laws of the State of New York, regardless of conflicts of law.

  7. Service of Notice

    1. You understand and agree that: Smart HomeX may send you notices in one or more of notification ways such as web bulletin, e-mail, Website and App message, text message, telephone call, system message, and instant message, and Smart HomeX can count on the completeness, accuracy, and current validity of your contact information; the above notices are deemed to have been delivered upon successful delivery.

    2. Unless a notification way is otherwise agreed in the Terms of Service or specified in the agreement signed between Smart HomeX and you, the notice you send to Smart HomeX shall be serviced based on the communications address, fax number, e-mail address and other contact information officially published by Smart HomeX.

  8. Update and Termination of Terms

    1. Smart HomeX has the right to modify this Agreement and relevant service rules. If you continue to use the services after the modification of this Agreement, you will be deemed to have fully read, understood and accepted the contents as revised, and will also abide by such revised terms.

    2. If your account is canceled, or your Website and App services are terminated by mutual agreement, this Agreement will be terminated.

  9.  Miscellaneous

    1. The Service Terms consist of the contents hereof, rules and practices presented on relevant Website and App page, service instructions (including operation files) and other terms/conditions confirmed by you. Both Smart HomeX and you shall be subject to this Agreement, and relevant nouns herein may be subject to cross reference and interpretation.

    2. The section headings herein are set only for convenience, and do not have the force of law or contract.

    3. If any provision herein is deemed as abolished, invalid or unenforceable, such provision shall be considered as severable, and shall not affect the validity and enforceability of this Agreement and other provisions.

    4. Smart HomeX has the right to transfer all or part of its rights and obligations for service to its Affiliate by announcement at its official Website and App (www. smarthomex.us), Website and App notice or email.

    5. Unless otherwise agreed, for provision of professional services, Smart HomeX may also commission its Affiliate or other legal subject to provide you one or more specific services on the Smart HomeX Website and App. In this case, you may conclude relevant terms or conditions with the above company, and you shall carefully read and understand such terms and conditions before choosing to accept them or not.

    6. Terms hereunder for confidentiality, intellectual property, applicable laws and jurisdiction and other terms supposed to survive in nature (e.g. guarantee on authenticity of registration information) shall not be invalid due to the termination of this Agreement.

  10.  How to Contact Us

    1. You have any questions and comments about this Agreement, or you have any questions or comments about the practice and operation of Smart HomeX, you can contact us at:

      1. Smart HomeX Customer Service Department: dial 1-516-835-5777; email to  contact@smarthomex.us , or

      2. Smart HomeX Privacy Office: helpdesk@smarthomex.us

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