AnyFitPro User Agreement

Last updated: Jan 30, 2024

Welcome to the AnyFitPro Software and Services!

In order to use the AnyFitPro software ("Software") and related services, you should read, fully understand and comply with this AnyFitPro Software License and Services Agreement ("Agreement"). Please read and fully understand the terms and conditions of this Agreement, especially those that exclude or limit AnyFitPro's liability, dispute resolution and application of law. Terms that exclude or limit liability will be bolded and brought to your attention. please read this agreement carefully and choose to accept or not accept it.

You should not download, install or use the Software and related services unless you have read and accepted all of the terms of this Agreement. By downloading, installing, using, registering or logging in, you will be deemed to have read and agreed to all of the terms of this Agreement and agree to be bound by this Agreement.

If you are a minor under the age of 14 or a child under a similar minimum age in the relevant jurisdiction, you are required by law to read, fully understand and expressly agree to this Agreement with your guardian before using the Application.

1. General Provisions

1.1. This Agreement is between you (hereinafter also referred to as "User") and AnyFitPro regarding User's download, installation and use of the AnyFitPro Software and AnyFitPro related services. "The term "AnyFitPro" refers to Shenzhen AnyFitPro Technology Co,Ltd.

1.2. The Software and Services refer to the software and services provided by AnyFitPro that are installed on mobile smart terminals, including but not limited to mobile smart terminals, and provide services such as binding and operating smart products for users using such smart terminals.

1.3. The ownership and operation rights of the Software and Services shall belong to AnyFitPro.

2. Scope of this software license

2.1. AnyFitPro grants the User a personal, non-transferable, non-assignable and non-exclusive license to use the Software in connection with the services provided under this Agreement.

2.2. The User may install, use, display and run the Software on a single mobile device for non-commercial purposes. User shall not copy, alter, modify, hook up, run or create any derivative works of the Software or the data released into the memory of any terminal device during the operation of the Software and the data of client-server interaction during the operation of the Software, including but not limited to using plug-ins, plug-ins or non-authorized third party tools/services to access the Software and/or related systems. Any commercial sale, reproduction and distribution, such as pre-installation and bundling of the Software, must be authorized and licensed in writing by AnyFitPro. We may, in our sole discretion, suspend, limit or terminate your right to use the Software and Services (in whole or in part) if you violate the provisions of this Agreement.

2.3. Users may not install the Software on other end devices, including but not limited to televisions, set-top boxes, game consoles, etc., without AnyFitPro's express permission in writing.

2.4. User may make one copy of the Software for the purpose of using the Software and Services for backup purposes only. The backup copy must contain all copyright information contained in the original Software.

3. Acquisition, installation and upgrade of the Software

3.1. Users can download and install the Software product from AnyFitPro website or designated third parties. To prevent mobile devices from being infected with malicious programs that can destroy user data and obtain user privacy information, please beware of downloading the Software from non-designated websites. If the User obtains the Software or an installer with the same name as the Software from a third party not authorized by AnyFitPro, AnyFitPro cannot guarantee that the Software will work properly and will not be responsible for any damage caused to you as a result.

3.2. Users should select the version of the Software that matches the installed terminal device and follow the steps prompted by the program after downloading the installer to install it correctly. Otherwise, the user is responsible for any software problems, equipment problems or damage caused by the software not matching the device model or not following the installation instructions.

3.3. In order to improve user experience and service content, AnyFitPro reserves the right to provide you with replacements, modifications, upgraded versions and enhanced functions of the Software from time to time, and to automatically update the Software and the Services. You can manage the update service through the relevant settings of the Software. AnyFitPro does not guarantee the continued availability of older versions of the Software and the corresponding Services after the release of new versions of the Software.

3.4 The User agrees that AnyFitPro may notify the User of updates to the Software by means of announcements, update logs, etc., and that AnyFitPro is not required to provide the User with special notification.

4. User Usage Guidelines

4.1 You understand and agree that users must provide their own mobile devices to access the Internet and use the equipment required for value-added telecommunication services, and may incur relevant costs in the course of using the Software, including costs related to network, communication and electricity, and that you are required to obtain information on relevant out-of-pocket costs from operators and other operators and bear all costs required for using the Software and the Services. We will not be liable for any delay in payment of such charges that may result in the unavailability of the Software or Services and any other consequences.

4.2 In order to use the Software and Services, you may need to register for an account, and if you already have an account, your account may access your use of the Software and Services directly or in other ways. Your registration and use of an account is governed by the Account User Agreement.

4.3 Users may use the Software and Services in accordance with the provisions of this Agreement subject to compliance with applicable laws and regulations and this Agreement. Users may not engage in, or assist or aid others in, any of the following acts:

4.3.1 remove all copyrighted information from the Software and other copies, copy, modify, reverse engineer, disassemble, decompile, disassemble, attempt to derive the source code or algorithms of the Software, decode, and otherwise analyze or copy the source code, structure, and concepts of any Software, or circumvent or attempt to circumvent any technical protection measures in or involving the Software;

4.3.2 add, delete, change the functionality or operational effect of the Software by modifying or falsifying instructions or data in the operation of the Software, or operate or disseminate to the public the Software or methods used for such purposes, whether or not such acts are for commercial purposes;

4.3.3 without AnyFitPro's written consent or permission, the User performs unauthorized acts on the Software and the information therein including, but not limited to, the following: giving away, renting, lending, copying, modifying, selling, redistributing, redistributing, reproducing, exporting, importing, and otherwise dealing with or sublicensing the Software in any form;

4.3.4 display, decipher or modify the system components of the Software through channels other than the official channels of AnyFitPro, or provide support and facilities to any third party to engage in such acts;

4.3.5 use the Software to engage in any conduct that is harmful to you or others, the Software or Services, network security or computer network security, including, but not limited to: using unauthorized data or accessing unauthorized servers/accounts; accessing public networks or others' operating systems and deleting, modifying, or adding stored information without permission; attempting to probe, scan, test the Software's systems or network weaknesses or other acts that undermine network security; attempts to interfere with or disrupt the normal operation of the Software's system or website, intentional dissemination of malicious programs or viruses and other acts that disrupt and interfere with normal network information services; falsification of TCP/IP packet names or partial names;

4.3.6 logging in or using the Software and Services through third party compatible software or systems not developed, authorized or approved by AnyFitPro, or creating, distributing or disseminating said tools;

4.3.7 use the Software to post, transmit, distribute or store any information that endangers national security, national unity or social stability or contains information that may be illegal or offensive (such as defamatory, pornographic, violent information), defamatory or likely to cause public disorder or violate applicable laws, regulations and policies of any jurisdiction, or set any screen name or nickname that includes the above information, or post, transmission or transmission of any advertising message, marketing message or spam message that includes the above;

4.3.8 use the Software to publish, transmit, distribute, or store content that infringes on the legal rights of others such as intellectual property rights, trade secrets, privacy rights, or reputation rights

4.3.9 maliciously fabricating facts or concealing the truth in order to mislead or deceive others or engaging in fraudulent, false, misleading or deceptive conduct;

4.3.10 engage in commercial activities such as advertising placement or sale of goods, or other illegal activities that may harm our interests, such as using or engaging in the aforementioned activities through unauthorized third party plug-ins or tools, or publishing or providing the aforementioned unauthorized third party plug-ins or tools through other means such as the Internet;

4.3.11 use any improper method to generate traffic, direct, divert, forcibly control the Software, or otherwise adversely affect the experience of the Software or other users of the Software;

4.3.12 otherwise use the Software and other services provided by AnyFitPro in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the permitted use of this Agreement.

4.4 To the extent permitted by law, you are responsible for your use of the Software and related services and/or your failure to comply with your obligations under this Agreement or the consequences of your actions (including any loss or damage we may suffer) and we will not be liable to you or any third party in respect thereof.

4.5 With respect to any information content in the Software and related services ("Information Content"):

4.5.1 You may use and publish through the Software information content such as opinions, text, information, pictures, audio and video, links, etc. that are original to you or that you have the right to publish. You must ensure that you own the intellectual property rights of the information content you upload or have obtained legal authorization, and that any of your actions in using the Software and the Services do not violate the legal rights of any third party.

4.5.2 You must comply with the requirements of local laws and regulations when using the Software to publish relevant information content.

4.5.3 You shall not use the Software to engage in the following acts when using the Software, including but not limited to

4.5.3.1 Producing, copying, publishing, distributing or storing content that violates local laws and regulations;

4.5.3.2 publishing, transmitting, disseminating, or storing content that infringes on the legal rights of others such as reputation, portrait rights, intellectual property rights, and trade secrets;

4.5.3.3 falsifying facts or concealing the truth in order to mislead or deceive others;

4.5.3.4 publishing, transmitting and disseminating advertising information and spam;

4.5.3.5 using inappropriate methods to generate traffic, direct, divert, forcibly control target jumps, or otherwise negatively affect the number of views of message content;

4.5.3.6 arbitrarily editing, consolidating and compiling message content and then displaying such content in a channel different from the source page in the AnyFitPro Software and related services

4.5.3.7 engage in other conduct that violates local laws and regulations.

4.6 You understand and agree that:

4.6.1 AnyFitPro has the right to make a determination, based on its own reasonable judgment, as to whether a user is suspected of violating the above usage specifications or violating the provisions of this Agreement, and based on that determination, suspend or terminate your license to use or take other restrictive measures that may be taken in accordance with this Agreement;

4.6.2 AnyFitPro has the right to directly delete any information that is suspected of being illegal or suspected of violating the legal rights of others or violating this Agreement that is published by the User when using the Software or the Services; and

4.6.3 for damage to third parties caused by the User's violation of the above-mentioned usage norms or violation of this Agreement, you are required to bear legal responsibility independently in your own name and shall ensure that AnyFitPro and AnyFitPro's affiliated companies and their directors, employees, representatives, etc. are protected from losses or increased costs arising therefrom

4.6.4 If the user violates the relevant legal provisions or the agreement, causing AnyFitPro to suffer losses, or being subject to claims from third parties, or being punished by administrative authorities, the user shall compensate AnyFitPro for the resulting losses and/or costs incurred, including reasonable attorney's fees and costs of investigation and evidence collection.

5. Privacy and Personal Data Protection

5.1 We respect and are committed to protecting your privacy. Please see our Privacy Policy for specific measures we take to protect your personal information.

5.2 We (or third party advertisers) may contact you for marketing purposes and send you advertising, promotional or publicity information in accordance with our Privacy Policy.

6. Service Risks and Disclaimers

6.1 AnyFitPro (and its affiliates) shall not be liable for all losses suffered by users due to third parties such as communication line failure, technical problems, network, mobile terminal equipment failure, system instability and other various force majeure reasons.

6.2 The Software, like most Internet software, may be affected by various security issues including but not limited to differences in user reasons, network service quality, social environment and other factors, such as others using the user's information to cause real-life harassment; other software downloaded and installed by the user or other websites visited by the user contain "Trojan horses "The user downloads and installs other software or visits other websites that contain viruses such as Trojan horses, which threaten the safety of the user's terminal device information and data, and then affect the normal use of the software, etc. Users should strengthen the awareness of information security and user data protection, and pay attention to strengthen password protection to avoid losses and harassment.

6.3 Third party products and services

6.3.1 The use of the Software by Users may include applications provided by third parties that are designed to enable access to third party services and websites (Third Party Applications and Services), and AnyFitPro is not a provider, sponsor or guarantor of the Third Party Applications and Services. You acknowledge and confirm that all Third Party Applications and Services and Third Party Content are provided independently by third parties and we make no promises, guarantees, warranties or representations as to their content, authenticity, accuracy, availability, reliability, security or other aspects of the Third Party Applications and Services, or any matters beyond our control, including any rights arising therefrom, and shall not be liable for any consequences arising from your use of such Third Party Services. and shall not be liable for any consequences arising from your use of such third party services. The Third Party Applications and Services are not under our control and we do not intend to support and cannot make any modifications or edits to them. Your access to such Third Party Applications and Services is at your own risk.

6.3.2 Please note that your use of the Third Party Applications and Services may be subject to additional terms of use imposed by the relevant third party (including the Terms of Use and other contractual terms of the relevant Application or Service). We are not a party to, and shall not be liable to you or such third party for, any dispute between you and such third party arising out of any agreement or other arrangement entered into between you and such third party.

6.3.3 As a result of the User's use of the Software or request for specific services from AnyFitPro, the Software may invoke a third party system or third party software to support the User's use or access, and the results of such use or access will be provided by such third party, AnyFitPro does not guarantee the security, accuracy, validity and other uncertain risks of the results achieved through the third party system or third party software support. AnyFitPro shall not be liable for any disputes or damages arising therefrom.

6.4 without limiting any other provision of this agreement and to the extent permitted by applicable law, we and our subsidiaries and affiliated legal entities make and disclaim all warranties or guarantees, express or implied, with respect to the software, including warranties or guarantees of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. the software and services are provided on an "as is" and "as available" basis and should not be relied upon to fulfill any particular purpose. we make no warranty that the software and services will be error-free, accurate, uninterrupted, timely or secure. this disclaimer and exclusion applies even if any of the express warranties set forth above are not fulfilled.

6.5 AnyFitPro specifically draws the User's attention to the fact that AnyFitPro has the right to modify or discontinue the Services at any time without notice to the User in order to protect the Company's business development and autonomy over its products and services, and that AnyFitPro's exercise of the right to modify or discontinue the Services shall not be liable to the User or any third party.

6.6 Except as expressly provided by law or regulation, we will use our best efforts to ensure that the Software and the technology and information involved in it are secure, effective, accurate and reliable, subject to available technology and in view of the inherent risks (including data privacy and security risks) associated with the use of the Internet Service and the Software, the User understands that AnyFitPro cannot guarantee this.

6.7 Any losses (including, without limitation, property damage, loss of income, loss of data files, loss of personal information, incidental, consequential economic damages or other commercial damages or losses) that the User may suffer in the course of using the Software and Services arising out of or in connection with events beyond our control, including, but not limited to, the following:

6.7.1 use or failure to use the Software or Services;

6.7.2 unauthorized use of the Software or alteration of the User's data by third parties;

6.7.3 costs and damages arising from acts performed by the User with the Software;

6.7.4 losses or liabilities that the User may suffer as a result of illegal or improper use of the Software or violation of the provisions of this Agreement;

6.7.5 failure or inability of the Software or any connected system to operate properly due to force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, war, network and terrorist attacks;

6.7.6 interruption, delay, malfunction or inability to operate the Software or any connected system due to computer viruses, Trojan horses, other malicious programs, hacker attacks, technical adjustments or failures of telecommunications carriers and Internet operating companies, system maintenance and any other causes beyond our control

6.7.7 interruption, termination, delay, malfunction or inoperability of the Software or any Connected System due to changes in applicable laws and regulations, orders and rulings of judicial, administrative and other authorities;

6.7.8 interruption, delay, malfunction or inoperability of the Software or any Connected System due to Internet connection problems; or

6.7.9 other losses related to the Software that are not caused by AnyFitPro.

6.8 We cannot control all network outages, delays or disruptions, and certain events may mean that you are temporarily or permanently unable to recover content or other data that you have stored on your Software or related services or related accounts. You store such content and data at your own risk, and we are not responsible for any data loss you suffer. We recommend that you back up your content and data.

6.9 to the extent permitted by applicable law, subject to Sections 6.10 and 6.12 below, if we are liable for any liability in connection with this agreement or the operation of the software and the terms of this agreement do not limit or exclude such liability, our liability will be limited to reasonably foreseeable damages. subject to sections 6.10 and 6.12 below, our total liability to you is limited to the amount you paid for the use of the software and services in the month in which the loss or damage occurred (or up to $10 if the software is available free of charge).

6.10 If we fail to comply with this Agreement, we will be liable for reasonably foreseeable loss or damage suffered by you as a result of our breach of this Agreement or our failure to use reasonable care and skill, but we will not be liable for any loss that is not reasonably foreseeable. Reasonably foreseeable loss or damage means loss or damage that is clearly expected to occur or that you and we know is likely to occur at the time you accept this Agreement.

6.11 To the extent permitted by applicable law, the Software is for domestic and private use and we will not be liable for loss of profits, loss of business, business interruption or loss of business opportunity.

6.12 We will not exclude or limit our liability to you in any way that would be contrary to applicable law. Such liability includes liability for death or personal injury caused by the negligence of us or our employees, agents or subcontractors, liability for fraud or fraudulent misrepresentation, liability for damages caused by intent or gross negligence or liability resulting from a breach of an implied obligation under applicable consumer protection laws.

6.13 To the extent permitted by applicable law, different limitations and exclusions of liability apply to liability arising from the provision of certain other products or services to you.

6.14 If you have a legal basis to bring any claim against us in connection with this Agreement, the Software or any software or services related to it (including any alleged breach of this Agreement by us), you agree that your sole remedy is limited to recovering direct damages suffered by you from us. We shall not be liable for any indirect, consequential, special, incidental or punitive loss or damage suffered by you. this limitation of liability applies to the fullest extent permitted by applicable law.

7. Declaration of Intellectual Property Rights

7.1. AnyFitPro is the owner of the intellectual property rights of the Software. All copyrights, trademarks, patents, trade secrets and other intellectual property rights of the Software, and all information content related to the Software (including but not limited to text, images, audio, video, graphics, interface design, layout frames, related data or electronic files, etc.) are protected by your local laws and regulations and corresponding international treaties, and AnyFitPro enjoys the aforementioned intellectual property rights. Except as expressly provided in this Agreement, nothing herein shall be deemed to confer upon you any right or interest in any patent, know-how, copyright, trade secret, trademark or other intellectual property right owned or controlled by us.

7.2 Without AnyFitPro's written consent, the User shall not implement, exploit, or transfer the above intellectual property rights for any commercial or non-commercial purposes on its own or with the permission of any third party, and AnyFitPro reserves the right to pursue legal liability for such actions.

8. Changes to the Agreement

8.1. We reserve the right to amend this Agreement as necessary (in accordance with the terms described in these Agreements and applicable law) or to incorporate any terms by reference from time to time. We will notify you of any revisions to the terms of this Agreement through the relevant page display, notices on the Software, etc., and such revisions will be effective as of the date specified therein. You may view the most current version of this Agreement through the Software settings, and we recommend that you periodically check our Website and Platform for the most current version of any other agreement incorporated by reference into this Agreement. If you do not agree with the changes, the user should voluntarily cancel the service. If you continue to use the Service, you will be deemed to have accepted the changes to the terms of the Agreement.

If you are located in Germany (if applicable): We will also notify you of such changes by email and provide you with a two-month period during which you may object to the terms of such changes in writing or by email. If you do not expressly object within the two-month period, you will be deemed to have accepted any changes. We will inform you in writing of the changes and the consequences of not objecting within the period specified in the preceding paragraph. Changes to this Agreement apply from the time specified in the information regarding the change. If no such time is notified, any changes will apply from the expiration of the two-month period from the time the information about the change is made and you do not object to the change. If you object to a change, you will be deemed to have terminated this Agreement.

8.2. AnyFitPro reserves the right to charge for the Software license and related services and to modify or change the services offered for a fee, the rates, fees, service charges and terms of service as necessary. In the event of any changes to the fees or charges for the Software or services, we will notify you in advance by means of announcements, system notifications, etc. and obtain your consent. If the user refuses to pay such fees, he/she will not be able to continue to use the relevant services after the fees start.

9. Applicable Laws and Dispute Resolution

9.1 This Agreement shall be governed by the laws of the People's Republic of China (excluding the laws of Hong Kong, Macao and Taiwan), except that if any mandatory applicable law of your jurisdiction provides otherwise, the governing law for all or specific rights and obligations of the parties shall be the law of your usual place of residence.

9.2 To the extent permitted by applicable law, you and we shall first resolve any dispute or issue arising out of this Agreement in connection with the Software and the Services by amicable negotiation. If negotiations fail within 30 days from the date such dispute is first submitted by either party, then either party shall have the right to submit the dispute (which may be contractual or non-contractual) to litigation in the People's Court of Longgang District, Shenzhen, People's Republic of China, where the contract was entered into, with the sole exception that if the mandatory laws and courts of your country provide you with an inalienable right to consider the dispute locally, or do not allow you to consent to jurisdiction of the People's Court of Longgang District, Shenzhen, People's Republic of China, or if the courts of your country consider the foregoing jurisdictional agreement to be unfair, then the courts of your usual place of residence will have jurisdiction over disputes relating to this Agreement. This does not affect your right to bring an action to protect your legal rights.

9.3 This Agreement is not governed by the United Nations Convention on the International Sale of Goods.

10. Other

10.1 When a User uses a specific service of the Software or uses the Software as an entry point to other services provided by AnyFitPro's affiliates (such as shopping malls, official websites, communities, etc.), the service may be governed by separate agreements, related business rules, etc. (collectively, the "Separate Agreements"), and You should read and agree to the relevant agreements before using the Please read and agree to the relevant Separate Agreement before using the Service.

10.2 The headings of all provisions of this Agreement are for convenience only and have no meaning of their own and shall not be relied upon in interpreting the meaning of this Agreement.

10.3 You must comply with the provisions of any and all applicable domestic and international export control laws and restrictions, including any restrictions on destination, end user and end use. We reserve the right to suspend, restrict or terminate your use of the Software or any part thereof for the purpose of complying with any such export control laws and restrictions.

10.4 The terms of this Agreement shall be partially invalid or unenforceable for whatever reason, and the remaining terms shall remain in effect and binding on the parties.

Contact Us:

If you have any questions about the Software or this Agreement or would like to make any complaints, please contact us using the contact information below.

Shenzhen Yuanhuan Technology Co.

Address: Building 6, 1307, Cloud Park Phase II (Lot 02-07), Gangtou Community, Bantian Street, Longgang District, Shenzhen, China

Email: Support@vpstay.com