KS OS User Agreement
Effective date: August 15, 2023.
KS OS's device, APP and related products (hereinafter collectively referred to as “KS OS Services”) are provided by Shanghai Kieslect Technology Company Limited. (hereinafter referred to as “KS OS”).
Thank you very much for using KS OS Services. To have a better experience when using KS OS Services, please read carefully and fully understand the terms of the KS OS User Agreement (hereinafter referred to as “the Agreement”). If you do not accept the Agreement, please do not use KS OS Services.
By creating your account or otherwise using KS OS Services, you shall be deemed to have agreed to be bound by the terms of the Agreement, and such terms shall constitute a binding agreement between you and KS OS. Below are the specific terms of the Agreement:
7. Rules of Use
21. Contact Us
If you are under 16 years old (or under 13 years old in some jurisdictions), you are not allowed to use KS OS Services. If we believe that you are under 16 years old (or under 13 years old in some jurisdictions), we may terminate your account and your use of our services.
To take full advantage of KS OS Services, you need to create an account, for which purpose, you need to provide us with a valid E-mail address and a secure password. You are responsible for ensuring the security of your account and password, and will be held liable for all actions that occur in your account. KS OS shall not be held liable for any of your losses or damages caused by your failure to keep your account and password confidential. If you find or suspect any security breaches in KS OS Services or your account, please contact us.
To take full advantage of KS OS Services, you need to use a supporting mobile device (such as mobile phone) that can be connected to the Internet, and a smart device such as sports bracelet or watch. The maintenance and safety performance of such devices may affect the services of KS OS, so you are responsible for ensuring the normal operation and safety of such devices. It is your responsibility to bear all Internet access fees. Please check with your Internet provider for possible Internet data usage charges.
The “KS OS Contents” include any photos, images, graphics, videos, audios, data, texts, music, software, works in any form and other information, contents or data released, generated, provided or otherwise made available by us through KS OS. KS OS reserves the rights to KS OS Contents and all rights that are not expressly specified in the Agreement. Unless otherwise specified in the Agreement, your use of KS OS Services shall not constitute the transfer of any ownership of KS OS Services or KS OS Contents to you or any other person.
You agree that you will not modify, delete, extract or hide any KS OS Contents contained in KS OS Services, or any accompanying statement on copyright, trademark, service mark or other proprietary rights by any means. You shall not duplicate, imitate or use our logo contained in KS OS Contents, any other KS OS trademarks that may appear in KS OS Services, or the overall appearance and style of KS OS Services without our prior written permission.
KS OS Services record your training data and health data, which will be used only for your private and non-commercial purposes. Below are the main functions of KS OS Services.
(a) Account login: you need to create and log into your KS OS account, in order to manage and save your training data and health data.
(b) Device management: KS OS Services allow you to manage your device. You can manage the use and upgrade of your device by connecting your device to your phone through Bluetooth function. You can manage your personal data on your device and/or in the APP, which will be displayed after processed through the APP.
(c) Personal information management: you can edit your avatar, nickname, sex, age, height, weight and other information in the APP.
(d) Training data recording: KS OS Services support the recording and display of your daily training data (walking, running, biking, swimming, etc.) and movement path (outdoor running, outdoor walking, outdoor biking, etc.). To record your movement path, you need to enable the GPS function of your mobile phone.
(e) Health data management: After binding your device, KS OS Services will support the measurement, recording and display of your health data (sleep, heart rate, SpO2, stress, etc.).
(f) Medals: You will be awarded virtual medals, depending on your related training data and health data.
(g) Health reports: Generate your weekly, monthly and annual health reports based on your training data, health data and personal information, and push your health reports. Please note that these reports do not constitute professional medical advices.
(h) Functional services: KS OS provides additional functional services, including quick message reply, intelligent training identification, female menstrual cycle reminder, lifting wrist to turn on the screen, automatic brightness adjustment at night, multi-language switching, alarm clock, Find My Phone, music control and weather notification.
(i) Sharing: Share your weekly health report and other training data and health data to other social APPs on your phone.
(j) Questions and suggestions: If you encounter any problems in the course of use, you can edit and submit questions to us. If necessary, you can choose to upload logs.
(K) KS OS Services allow you to share data to third-party services, provided that you send us a sharing instruction.
(l) Purchase: KS OS provides virtual dial purchase service.
(M) Personalized ranking: Supports the statistics of personal information and sports data (personal avatar, nickname and sports data) of different types of people, and analyzes and ranks them.
Please note that we will update the APP or software from time to time, and the actual functions will depend on the version you are using.
KS OS grants you a limited, non-exclusive, non-transferable and revocable license (no sub-licensing is allowed) to: (1) use KS OS Services; (2) view KS OS Contents; (3) use the APP provided by KS OS Services; and (4) use the APP built into your KS OS device or call the APP from your phone, as authorized in the Agreement. This license will be granted only when you use KS OS Services for your personal and non-commercial purposes in the manner permitted by the Agreement.
You may not use, sub-license, duplicate, adapt, modify, translate, disclose, produce derivative works, disseminate, license, sell, lease, transfer, publicly display, publicly demonstrate, communicate, broadcast or otherwise use the KS OS Contents, KS OS Services or any part thereof (including any third-party software or APP), unless expressly permitted by the Agreement. You cannot obtain licenses or rights to any intellectual property owned or controlled by KS OS or its licensors by implied or other means, except for the licenses and rights expressly granted in the Agreement.
The images, names and other information you upload are your contents. You are solely responsible for your contents. You agree that none of your contents will be of the following nature: false, defamatory, infringing, harmful, pornographic, offensive, bullying, harassment, scandal, hatred, incitement, threats, profanity, obscenity, invasion of privacy or otherwise objectionable, including but not limited to facilitating illegal activities, promoting violence, and any discriminatory or illegal contents that may incur civil liabilities.
KS OS Services are not intended for the diagnosis, handling, treatment or prevention of any disease. If you have any medical condition or heart disease, please consult your doctor before using KS OS Services or participating in a training program. In case of a medical emergency, please consult a medical professional immediately.
Long-time contact with the wearable device may cause skin irritation or allergies to some users. To reduce discomfort, please follow the following 4 wearing and maintenance suggestions: (1) keep the device clean; (2) keep the device dry; (3) do not wear the device too tightly; (4) after long-time wearing, please take off the wristband and allow your wrist to rest for an hour. If you notice skin irritation, pain, tingling, numbness, burning or stiffness on your hand or wrist while or after wearing the device, please take off the device and stop using it. If the symptoms persist for more than 2~3 days after you take off the device, please consult your doctor.
Using the heart rate measurement function of KS OS products may pose risks to users with certain diseases. If you (1) have any medical condition or heart disease, (2) are taking any photosensitive drug, (3) suffer from epilepsy or are sensitive to flashes, (4) suffer from poor blood circulation and are prone to bruising, or (5) suffer from tendinitis, carpal tunnel syndrome or other musculoskeletal diseases, please consult your doctor before using KS OS products.
For the sales, return and warranty policies of KS OS Services, please consult your dealer, distributor or other sales entities. You must accept the Agreement when placing an order. We may reject or restrict your order by any reason.
Paid services:The “paid services” include some special features or services, which can be purchased through one-time payment or auto renewal. We may change, suspend or cancel some services at any time. Also we have the rights to decide which part of the KS OS services needs to be paid. If you don’t pay the fees, we have the right to stop offering you such goods and services.
Some paid services are purchased through one-time payment. Once paid for these services, you may not be able to cancel them or obtain a refund.
Free trials: From time to time, we may provide free trials of certain services for a limited period of time. Once the free trial is over, we have the right to stop offering you such goods and services.
Any paid service is private for you. No one else should be able to use it. Do not allow anyone else to use your paid services. Do not share your password with anyone else.
While using this App, keep your device, related account number and password safe to prevent your family, friends or other third parties (especially minors) from using your identity and payment ID to purchase or pay for any goods or services without your consent. We will not be liable to you for any loss caused for this reason.
You may receive notifications, text messages, reminders, emails and other electronic communications during the use of KS OS Services. You agree to receive these communications. You can use “Account Settings” to control most of the communications from KS OS Services. We may need to send you certain communications, such as software update notifications. Any notifications, agreements, disclosures or other communications that we send to you electronically will meet any legal communication requirements, including the requirements for written communications.
If the technology permits, you can choose to transfer your information to a third party, such as Strava, Google Fit or Apple Health. You can share your training records with other social APPs on your phone, such as Mail.
Any disputes caused by the use of third-party products or services through KS OS Services shall be settled by the third-party service provider, and KS OS shall not be liable for such disputes. KS OS will not provide any customer support for third-party software or technology. If you need support, please contact the third-party service provider.
KS OS may change or discontinue, whether temporarily or permanently, any function, component or content of KS OS Services at any time without any notice. KS OS shall not be held liable to you or any third party for any revision, suspension or discontinuation of any function, component or content of KS OS Services. We reserve the right to determine the time and contents of software update: KS OS may send you a software update reminder, and you can choose to download and install the updated software; the updated software may also be downloaded and installed automatically by your App Store without notifying you.
We reserve the right to decide to suspend or discontinue your account or your use of all or part of KS OS Services or terminate these terms at any time without any liability. We will do our best to notify you before taking such actions.
You can close your account at any time by canceling your account in the KS OS APP. If the Agreement is terminated, or KS OS Services or your account is suspended, terminated or discontinued, the following provisions of the Agreement shall remain valid: Section 1, 2, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21.
KS OS Services are provided for your use only, not for any third party's use. You agree that KS OS and its affiliates, third parties, and sellers shall not be held liable for any losses caused by unauthorized use of KS OS Services.
KS OS Services are provided on an “as is” basis without any kind of guarantee. Without limiting the foregoing provisions, we expressly waive all express or implied warranties arising from or in connection with the Agreement or KS OS Services, including but not limited to any warranty of merchantability, fitness for a particular purposes or non-infringement, and any guarantee arising from trading habits or business practices.
We do not guarantee that KS OS Services will meet your requirements, or that no interruption, safety or failure will occur during the use of KS OS Services. We do not guarantee the quality, accuracy, timeliness, authenticity, completeness or reliability of KS OS Services or any KS OS Contents. KS OS Services may change over time, and may vary from place to place. For example, the update of the APP or software may cause changes to KS OS Services, or cause the map to be unusable, inaccurate or incomplete. The use of KS OS Services should not replace your good judgment and common sense.
You expressly agree that KS OS will not provide medical advice through KS OS Services. The contents provided through KS OS Services cannot be used and should not be used to replace (a) the advice of your doctor or other medical professionals, (b) your going and seeing, or calling and consulting your doctor or other medical professionals, or (c) the information provided on any product package or label. If you have any health-related problem, please call your doctor or other medical professional for treatment. You should never ignore medical advice or delay seeking medical advice due to any content of KS OS Services, or use any content of KS OS Services to diagnose or treat your health problems. Spreading and receiving our contents in whole or in part via the Internet, email or other means will not constitute or establish a relationship of doctor, therapist or other health care professionals with patient between you and KS OS.
You expressly agree that your physical activities (including but not limited to biking, running or following the training program provided in KS OS Services) have certain inherent and significant risks of property loss, personal injury or death. You will voluntarily assume all the known and unknown risks associated with such activities, even if they are caused wholly or partly by any act, omission or neglect of KS OS or others.
For any claims, prosecutions, lawsuits, demands, disputes, appeals or investigations brought against KS OS by any third party, government agency or industry organization based on your following actions, and all liabilities, damages, losses, costs and expenses incurred therefrom, including but not limited to reasonable attorney fees, KS OS has the right to claim compensation from you and be held harmless by you: (1) your access to or use of KS OS Services; (2) your contents; (3) your violation or alleged violation of any of your warranties or the Agreement; or (4) your violation of any law or third-party rights.
Besides, we reserve the right to defend against third-party claims (you are responsible for compensation). In such case, you must cooperate with us to make any effective defense.
For any incidental, special, punitive or indirect damage arising from or in connection with your use of the Agreement, or the use of or inability to use KS OS Services, including loss of profit, data loss, service interruption, computer damage, system failure or replacement service charges, KS OS, its suppliers or licensors, and any other parties participating in the creation, production or delivery of KS OS Services shall not be held liable, whether based on warranty, contract, tort (including negligence), product liability or other legal theories, and whether KS OS has ever been notified of the possibility of damage or not, even if the limited remedy provisions contained herein are deemed to have failed to achieve their necessary purpose.
In no event shall the total liability of KS OS arising from or in connection with the Agreement, or your use of or inability to use KS OS Services exceed the amount paid to KS OS by you for using KS OS Services.
The above-mentioned damage exclusion and limitation provisions are the fundamental basis for KS OS to make a deal with you.
In some jurisdictions, no exclusion or limitation of liability for indirect or incidental damage is allowed, so the above limitations may not apply to you.
The validity and interpretation of the Agreement shall be governed by the laws of the Mainland of the People's Republic of China. If there are no applicable laws or regulations, the international commercial practices and/or general commercial practices shall apply.
The Agreement has been signed in Longgang District, Shenzhen Municipality, Guangdong Province, China.
Both the user and KS OS agree that all disputes arising from the Agreement shall be settled through negotiation. If the negotiation fails, either party may submit such dispute to Shenzhen Court of International Arbitration for arbitration.
We will notify you before making major amendments to the Agreement and give you the opportunity to view the revised terms. You can then decide whether to continue using KS OS Services or not. By continuing to use KS OS Services after the revision is released, you shall be deemed to have accepted the revised agreement.
If any provision of the Agreement is declared to be invalid or unenforceable by a court of competent jurisdiction for any reason, such provision shall be enforced to the maximum extent permitted, and the remaining provisions of the Agreement shall remain in full effect.
Any notifications or other communications provided by KS OS under the Agreement, including the notifications or communications regarding amendments to the Agreement, shall: (1) be delivered by email; or (2) be released on KS OS. Any notification delivered by email shall be deemed served on the date of receipt of the email.
KS OS's failure to exercise any rights or provisions under the Agreement shall not be deemed a waiver of such rights or provisions. No waiver of such rights or provisions shall be considered effective unless made in writing and signed by a duly authorized representative of KS OS. Unless otherwise expressly provided in this Section, either party's exercise of its any remedy under the Agreement shall not affect its other remedies under the Agreement or elsewhere.
Additional provisions may apply to specific products or services. If there is any conflict between these provisions and any additional provisions, the additional provisions shall prevail.
If you have any question about the Agreement, please contact us.
Shanghai Kieslect Technology Company Limited
Address: Building 4, 1588 Xinyang Road, Lingang New Area, China(Shanghai) Pilot Free Trade Zone.