Thank you for using PC Connect and its related services.
In order for us to better provide you with services, please carefully read this PC Connect User Agreement (hereinafter referred to as this "Agreement").
(1) Before using PC Connect and its related services, you shall read and comply with this Agreement.
(2) Please carefully read and fully understand the provisions within this Agreement, particularly those relating to the exclusion or limitation of liability, grant of rights and use of information, and governing laws and dispute resolution. The provisions relating to exclusion or limitation of liability are highlighted in bold or underlined for your attention.
(A) If you are located in France, Germany, or Indonesia: By tapping "Agree and continue" to install and use (hereinafter collectively referred to as "use") PC Connect and its related services and continuing to use them after any change is made to relevant provisions in this Agreement, you acknowledge that you have carefully read, fully understood, and consented to all the provisions in this Agreement, especially those relating to the limitation or exclusion of liability.
(B) If you are located in any other country/region: By using PC Connect and its related services and continuing to use them after any change is made to any provision, you acknowledge that you have carefully read, fully understood, and consented to every provision in this Agreement, especially those relating to the limitation or exclusion of liability. You must carefully read this Agreement. If you do not agree to the content of this Agreement, you must not use PC Connect or its related services. (If you are already a PC Connect user, you must stop using the software and its related services.)
(3) Users of PC Connect and its related services must be at least 18 years old. If you are under 18, please carefully read and fully understand this Agreement in the company of your legal guardian and obtain the consent of your legal guardian before downloading the software.
(4) You shall personally prepare the following devices and bear the following expenses: a. Internet connection devices, including but not limited to a computer or other device, a modem, and other necessary devices; b. Internet connection expenses, including but not limited to Internet access charges, lease fees for internet connection devices, and data charges.
1. Scope of Application and Definitions
1.1 This Agreement is a contract between you and Guangdong oppo Technology Co., Ltd. (hereinafter referred to as "the Company", "we", or "us"). This Agreement governs your right to download and install PC Connect, create and log in to your PC Connect account, use PC Connect, and acquire its related services. By accepting the aforementioned services, you are considered to have acknowledged and agreed that the rights and obligations between you and us are also bound by this Agreement.
1.2 "PC Connect" refers to the client software legally licensed to and operated by the Company and named "PC Connect", which provides users with related products or services over the Internet. In this Agreement, "PC Connect" is referred to as the "Software" or the "Application". The Software and its related services are collectively referred to as the "Product".
1.3 "User" shall mean any person who directly or indirectly obtains and uses the Product, including a natural person, legal entity, or other organization. In this Agreement, the "User" or "you" is used to convey this concept.
1.4 This Agreement shall include all agreements and rules that the Company has released and may continue to release for PC Connect and its related services. Such agreements and rules shall form an integral part of this Agreement once released and appropriately delivered to you (through, for example, system notifications), and shall also be complied with.
2. Services We Provide
2.1 The Product enables file transfer and service interconnectivity between your mobile phone and personal computer (PC). Its main functions are as follows:
2.1.1 Cross-device connectivity: You can establish a connection between your mobile phone and PC through Bluetooth, Wi-Fi, QR code scanning, or other means.
2.1.2 File transfer: You can transfer files between your mobile phone and PC, by either dragging files directly from one device to the other or sending files between them.
2.1.3 Notification syncing: On your PC, you can view SMS messages, phone calls, and third-party app notifications as well as their reminders, and directly reply to some messages. By clicking on a message through your PC, it will open that app for you to view the details.
2.1.4 Cross-device operation: By casting your phone screen to PC Connect, you can use your computer mouse instead of your fingers to operate your phone, use the computer keyboard to enter text in the input box of your phone, and use shortcut keys to copy, paste and perform other operations.
2.1.5 Shared clipboard: The clipboard of your mobile phone and PC is shared in real time. For example, you can copy any content on your mobile phone and paste it on your PC.
2.2 To deliver the Product-related services, the following permissions are required:
2.2.1 Access incoming call notifications: This is to enable call notifications to be displayed on your PC.
2.2.2 Access your phone's location: This information is needed to help establish the connection between your phone and PC.
2.2.3 Access your phone's microphone for voice recording: When your phone is mirrored to your PC, the sound will be played through your PC.
2.2.4 Use your phone's camera: When you connect your phone to your PC through QR code scanning, your phone's camera will be used.
2.2.5 Access your phone's storage data: During file transfer, your PC will need to read and write to your phone's storage.
2.2.6 Turn on/off your PC/phone's Wi-Fi: The Wi-Fi function of your PC and phone will be called to establish a connection between the two devices.
2.2.7 Turn on/off your PC/phone's Bluetooth: The Bluetooth function of your PC and phone will be called to establish a connection between the two devices.
2.3 Tips before using the Product:
2.3.1 You can download PC Connect from the official website (pc-sg.oppo.com) or from a third-party platform authorized by the Company. If the Software is not obtained from the Company or an authorized third party, the Company cannot guarantee that a non-official version of the Software can be normally used, and the Company will not be liable for any losses incurred by you.
2.3.2 All intellectual property rights of this Software and all information content relating to the Software, including but not limited to textual expressions and their combinations, icons, graphics, images, charts, colors, UI designs, layouts, related data, add-in programs, and printing materials or electronic documents, are owned by or legally licensed to the Company and are protected by copyright laws and international copyright treaties as well as other intellectual property laws and regulations.
2.3.3 The Company may have developed different versions for the Software for use on different devices. You should obtain, download, and install a version suitable for your device. If you no longer need the Software and its related services, you can uninstall it yourself.
3. Your Rights
3.1 The Company grants you a non-transferable, non-exclusive license to legally use the Software and its related services for personal and non-commercial purposes. You shall only use the Software in accordance with this Agreement on the mobile device legally owned by you. All other rights not expressly granted to you under this Agreement are reserved by the Company. Before exercising these rights, you shall obtain additional written consent from the Company. The failure of the Company to exercise any of the aforementioned rights shall not constitute a waiver of that right.
3.2 You have legitimate rights to all the content published by you during the use of the Product (such as copyrighted sounds, text generated or converted from sound, text directly entered, pictures, and videos).
3.3 Except for the intellectual property rights enjoyed by you and other third parties according to law, we and our affiliates own legitimate rights and interests (including intellectual property rights) in company names, trademarks, service marks, logos, and domain names as well as all designs, service names, and content involved in the Service, which shall not be used or copied by you without our written consent.
3.4 Complaints and feedback:
3.4.1 If you have any questions and complaints regarding using the Product, please go to the official website (pc-sg.oppo.com) to provide your feedback.
4. Rights You Grant to the Company
To the extent permitted by laws and regulations, you agree and authorize us to take any legal action, including but not limited to filing a complaint or lawsuit, for any infringement of your legitimate rights and interests (including but not limited to unauthorized copying, use, editing, or plagiarizing).
5. Third-Party Services
6. Purchases and Charges
You understand and agree that the Company has the right to charge a fee for certain special features or services or change the price of a service, and reserves the right to charge a fee for all or certain features and services in the future. If required to give prior notice to you by effective laws or regulations, the Company will give reasonable prior notice to you. If you do not agree to us changing the price or charging a fee for a service in the future, you have the right to stop using the feature or service after the price change or before the commencement of the paid service and you will be able to opt out of it.
7. Code of Conduct for Users
7.1 You must comply with laws and regulations when using the Product. You shall not use the Product to engage in illegal activities or activities expressly prohibited by this Agreement, including but not limited to:
7.1.1 Posting, transmitting, disseminating, or storing any content which endangers national security or unity, undermines social stability, goes against public order or good morals, or any insulting, defamatory, obscene, or violent content, or any content which violates national laws or regulations.
7.1.2 Posting, transmitting, disseminating, or storing any content which infringes upon the legitimate rights of others such as intellectual property rights and trade secrets.
7.1.3 Posting any photos or other content that involves violence, nudity, partial nudity, discrimination, violation of laws, or infringement, or any disgusting, pornographic, or sexually suggestive photos or other content.
7.1.4 Using the Product for illegal or unauthorized purposes.
7.1.5 Defaming, coercing, bullying, abusing, harassing, threatening, impersonating, or intimidating other persons or entities, or using the Product to post private or confidential information of any other person, including but not limited to their ID card number, bank card number, passport number, home address, non-public telephone number, or non-public email address.
7.1.6 Altering, modifying, adapting, or changing the Product, or altering, modifying, or changing other websites so as to mislead others into believing that such websites are linked to the Product.
7.1.7 Accessing the Company's confidential application programming interface ("API") by means other than those permitted by the Company. Any use of our API is subject to applicable terms and conditions.
7.1.8 Creating or submitting emails, comments, likes, or other forms of business or harassment letters ("spam") to any of our users.
7.1.9 Using any domain name or website URL in your account without our prior written permission.
7.2 It is prohibited to interfere with or disrupt the Product or any servers or networks connected to the Product by, for example, spreading worms, viruses, spyware, malware, or other destructive code. It is also prohibited to embed content or code into your browser or device, or otherwise change or interfere with the rendering or display of our web pages on your browser or device. Prohibited conduct includes, but is not limited to, the following acts:
7.2.1 Creating an account to use the Product by unauthorized means, including but not limited to the use of automated devices, scripts, robots, web crawlers, or plagiarized programs.
7.2.2 Attempting to restrict other users from using or enjoying the Product, or encouraging or facilitating any behavior which violates this Agreement or other rules or regulations published by the Company.
7.2.3 Using any plug-ins, systems, or third-party tools that are not authorized or licensed by the Company to interfere with, disrupt, or otherwise affect the normal functioning of the Software and related services.
7.2.4 Reverse engineering, disassembling, or decompiling the Software, or otherwise attempting to discover the source code of the Software.
7.2.5 Performing any other activities which violate laws or regulations, this Agreement, or the applicable rules of the Company or infringe upon the legitimate rights or interests of others.
7.3 You are solely responsible for your acts and any data, text, files, information, account numbers, images, graphics, photos, profiles, applications, links, and other content or materials (collectively, "User Content") that you submit, post, or exhibit through the Product.
7.4 You represent and warrant that you are the owner of the User Content that you post on or through the Product, or you have the right to grant the rights and licenses stipulated in this Agreement.
7.5 During your use of the Software and its related services, you shall solely bear the risks beyond our control, including but not limited to:
7.5.1 Any losses or leakage of your personal information due to force majeure.
7.5.2 Any problems or damages arising from a mismatch between the Software and your device model. To avoid any problems or damages resulting from a mismatch, you shall install a PC Connect version that matches your device.
7.5.3 Risks such as not being able to log in to the Software, incomplete data synchronization, and slow page loading due to unstable wireless network signals, low wireless network bandwidth, or other factors.
7.5.4 Malfunctioning of other file transfer tools, Internet connection tools, or other tools, which use the same transmission channel as the Software.
7.6 You understand and agree that the Company will use commercially reasonable efforts to ensure your data storage security during your use of the Software and its related services, but the Company cannot completely guarantee the security of your stored data in certain situations, including but not limited to the following:
7.6.1 The Company is not responsible for the deletion of or failure to store your data used in the Software and its related services, or the deletion of data due to your personal error.
7.6.2 The Company has the right to determine the maximum storage period of data stored in the Software and its related services for a single user based on the actual situation, and allocate a maximum storage space for the user's data on the server. Depending on your needs, you can back up relevant data used in the Software and its related services.
7.6.3 If you stop using the Software and its related services, or if the related services are terminated or canceled, your data can be deleted permanently by the Company from the server. After the related services are stopped, terminated, or canceled, the Company has no obligation to return any data to you.
7.7 You understand and agree that if any infringement complaint is filed against you or by you, the Company has the right to provide necessary information such as the name and contact information of any party involved in the dispute and the specifics of the complaint to the other party or the applicable authority in order to resolve the dispute as soon as possible and protect the legitimate rights and interests of the infringed party. If you repeatedly infringe upon the intellectual property rights of others, the Company will disable your account in due course.
7.8 If the Company determines that you have violated this Agreement, the Company may terminate your account. You understand and agree that the Company is not, and will not be, responsible for the User Content posted on the Product, and that your use of the Product is at your own risk. If you violate the provisions or spirit of this Agreement or otherwise cause the Company to bear any risk or to be held possibly legally liable, we will cease to make the Product available to you in whole or in part.
8. Personal Information Protection
Protecting the User's personal information is a basic principle of the Company. In order to implement the error reporting function for reported errors, optimize the Product based on the User's operations, and improve user experience, the Software will collect the public fields of the User's PC, including the PC brand and model, the OS version, current region, and the version of the Software. This information is only used to achieve the abovementioned purposes.
9. Modification, Suspension, and Termination of Services
9.1 In order to improve user experience and services, the Company will provide updates or changes to the Software (including but not limited to modifications, upgrades, functional enhancements, development of new services, and replacements) on an irregular basis. In order to ensure the security of the Software and its related services and improve the services, the Company will, wherever possible, notify the User of any updates to the Software and related services or certain services through, including but not limited to, system prompts, announcements, and private messages. The User has the right to decide whether or not to accept the updates. If the User does not accept the updates, certain features of the Software or services will be restricted in use or will no longer be able to be used.
9.2 The Company will make every endeavor to provide you with uninterrupted and secure services. However, you understand and agree that the Company cannot foresee or prevent all technical and other risks at all times, including but not limited to force majeure, viruses, Trojans, hacker attacks, system instability, and defects in or security issues with third-party services. All these factors may lead to the interruption of related services, data losses, and other losses and risks.
9.3 We may temporarily or permanently suspend, cancel, or restrict your access to the Product in whole or in part at any time in accordance with applicable laws, and we shall not be liable to any individual or third party. We will do our best to inform you before taking the aforementioned actions. However, upon any of the following conditions, we may immediately take action to permanently or temporarily restrict, cancel, or terminate your access to the Product in whole or in part without sending a prior notice to you:
(a) You violate or the Company has reasons to believe that you are about to violate this Agreement, including any provisions, policies, or guidelines contained therein.
(b) You or anyone acting on your behalf engages in fraudulent or illegal activities, or provides false or misleading information to the Company.
(c) The Company responds to requests from law enforcement or government agencies in accordance with effective legal procedures.
(d) The Company carries out emergency work to maintain and update the system or hardware.
(e) The Company encounters unforeseen technological, security, or business issues.
The expiration or termination of this Agreement shall not affect the provisions contained herein that are expressly stated to remain enforceable or effective after its invalidation or termination, nor does it affect any accrued rights or obligations or any rights or obligations that survive the invalidation or termination of this Agreement.
Any provisions in this Agreement that expressly or by their nature survive the termination of this Agreement will continue in full force and effect subsequent to its termination until they are satisfied or by their nature expire.
10. Limitation of Liability
10.1 You understand and agree that the Product may be affected or interfered with by various factors. The Company does not guarantee that the Product is compatible with all software and hardware systems, and risks may occur as a result. We will make every endeavor to provide uninterrupted online services. Given the unique nature of the Internet, access to related services from the Internet may be blocked, restricted, or terminated due to a variety of factors, and we will not be liable for any losses or inconvenience thus caused to you.
10.2 The Company makes no representations, warranties, or undertakings to you, express or implied, as to the Product. The Company makes no warranties of any kind as to the timeliness, security, correctness, and reliability of the data displayed in the Product, and you shall use such data based on your own judgment.
10.3 In no event shall the Company be liable to you for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind. In no event shall the Company be liable to you or anyone else for any losses, damages, or injuries (including but not limited to personal injuries and death).
10.4 You agree that if you suffer any damages, losses, or personal injuries due to the action or negligence of the Company, such damages (if any) caused to you are not irreparable or sufficient to entitle you to an injunction preventing the exploitation of any websites, property, products, services, or other content owned or controlled by the Company, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition, or exploitation of any websites, property, products, services, or other content owned or controlled by the Company.
10.5 By using the Product, you understand and agree that you may be required to waive certain rights regarding claims that are currently unknown.
10.6 The Company shall not be liable for the actions, content, information, or data of you or any third party, and you hereby waive your right to hold the Company liable for any claims filed by you against any third party or any known or unknown claims or damages relating thereto.
11. Liability for Breach
You agree to protect and safeguard the interests of the Product, the Company, and other users and to be liable for any losses incurred by the Product, the Company, or any other third party as a result of your violation of applicable laws, regulations, or any of the provisions under this Agreement. You agree to indemnify the Company and its parent company, subsidiaries, affiliates, and employees as well as all persons involved against all losses incurred as a result of your violation of applicable laws, regulations, or this Agreement.
12. Governing Laws and Dispute Resolution
12.1 This Agreement shall be governed by the laws of the People's Republic of China (excluding the laws of Hong Kong SAR, Macao SAR, and Taiwan), except as otherwise specified by any mandatory applicable laws in your jurisdiction, in which case all or certain rights and obligations of the Parties involved shall be governed by the laws of your usual place of residence.
12.2 To the extent permitted by applicable law, you and we shall first resolve any PC Connect-related dispute or issue arising from this Agreement through friendly negotiation. If no resolution can be reached within 30 days from the date a dispute has first been raised by either party, either party shall have the right to submit the dispute (which may be either contractual or non-contractual) to the courts of Singapore for resolution, with the only exception that if mandatory laws and courts in your country/region provide you with an inalienable right to submit the dispute to your local jurisdiction or do not permit you to consent to the jurisdiction of a Singapore court, or if the courts in your country/region consider this to be unfair, then the dispute shall be submitted to the courts of your usual place of residence. This does not affect your right to sue to protect your legal rights.
12.3 We have subsidiaries and affiliates worldwide which may provide you with PC Connect and its related services on behalf of us or in their own right. You agree that such subsidiaries and affiliates have the right to do so under this Agreement.
13.1 If you use the Product on behalf of a legal entity, you hereby represent that you have the right to enter into this Agreement on its behalf. This Agreement constitutes the entire agreement between you and the Company, governs your use of the Product, and supersedes any prior agreements between you and the Company. No activities or business practices between the two parties will affect this Agreement. This Agreement grants no benefits to any third party.
13.2 Given the breadth of products and services that the Company provides, sometimes additional terms and conditions need to be drafted for specific services. When you use such products or services, the additional terms and conditions will be provided along with them and form an integral part of this Agreement. In case of any conflict between any additional terms and conditions and this Agreement, such additional terms and conditions shall prevail.
13.3 The Company has the right to limit the availability of the Product or any part thereof to any individual or territory and to limit the amount of content, programs, products, services, or other features provided by the Company at its sole discretion at any time.
13.4 The provisions under this Agreement are provided by the Company, and the exclusion or limitation of liability provisions are highlighted in bold or underlined for your attention. If you do not agree to any of the provisions under this Agreement, or if you have any doubts about any of the provisions under this Agreement, do not agree to this Agreement and do not use PC Connect. By using PC Connect, you acknowledge that you agree to this Agreement and consent to be bound by it as a party hereto.
13.5 All notices to be sent by the Company to the User under this Agreement may be delivered through system prompts, announcements, or private messages. Any notice shall be deemed to have been received on the day it is delivered.