User Agreement

Date of publication: February 10, 2023

Effective Date: February 10, 2023

The TORRAS User Agreement (hereinafter referred to as "this Agreement") is made between all subjects (hereinafter referred to as "you" or "User") using the TORRAS App and services (hereinafter referred to as "the App and its Services") and Shenzhen TORRAS Technology Co.,Ltd. (hereinafter referred to as "TORRAS" or "we" or "us") for the use of the TORRAS App (hereinafter referred to as "App") and its smart devices and other related matters(TORRAS APP is developed by our affiliated company,Shenzhen LANHE Technology Co.,Ltd).

Based on the services offered to you by the TORRAS App, you can operate your TORRAS smart devices by connecting them using the App. Please read and understand this Agreement fully before using the App and its Services (bolded sections require special attention). If you are under 18 years of age, you may not use the App and its Services. You acknowledge that you are at least 18 years of age (or are a minor in your jurisdiction) or younger but have the consent of your parent or legal guardian and are fully capable of understanding, accepting and complying with this Agreement. By registering or using the App, you acknowledge that you have read and agree to all of the terms of this Agreement. If you do not agree to this Agreement, please do not use the App and the Services. In order to improve your experience and service, TORRAS will provide App update service from time to time, and you understand and accept that TORRAS has the right to update the App without special notice to you. At the same time, TORRAS may update this Agreement at any time, and the relevant updates will be notified to you in the form of station announcement or other written form. If you do not accept the adjustment or update of this Agreement and related terms, please stop using the App and its Services immediately and inform us in written form; otherwise you will be deemed to have accepted the updated content.

Place of contract signing and performance: Longhua District, Shenzhen

I. Notice

1. TORRAS App (including applications that can be downloaded and installed, and mini porgrams TORRAS Life that users can use without installation) is an application that helps the end user (you) to control TORRAS smart devices.When you use the App and its Services, you need to download the App first, complete your account registration, login and authorization according to the prompt of the App, and you can enjoy the corresponding monitoring function and its services after you bound your TORRAS smart device.

2. The equipment related to the App and its Services (such as mobile phones, TORRAS smart devices, devices related to access to the Internet, network charges, traffic flow, etc.) and their required fees shall be borne by you.

3. You should download and install the App in accordance with the official website or other designated methods specified by TORRAS. Beware of downloading the App from non-designated websites to prevent the mobile terminal device from being invaded by malicious programs. If you obtain the App from a third party not authorized by TORRAS or an installer with the same name as the App, TORRAS cannot guarantee that the App can be used normally and will not be responsible for any damage caused to you as a result.

II. Guidelines for use

1. Registration of account

(1) You should have the civil capacity appropriate to your behavior as stipulated by the law of the People's Republic of China (or your country); if you are under 18 years old (or your age is under the category of minors in your jurisdiction), you need to use the App and its Services only after your guardian agrees and signs on your behalf to confirm this Agreement. We will only use or disclose personal information collected from minors without the consent of their guardians when such use is permitted by law or regulation, when the guardian expressly consents, or when necessary to protect the minor.

(2) You can enjoy the App and its Services by downloading the corresponding App through your mobile phone, registering on the App using your mobile phone number and setting a password, and then bounding your smart device. The ownership of the App belongs to TORRAS, and you can enjoy the right to use the App after registering your account, and you shall not rent, lend, transfer or give it to others for joint use.

(3) You are responsible for the security of your account and password. You are required to take active measures to ensure the security of your account and password, and we recommend that you: do not disclose your account and password to others, set complex passwords, change your password regularly, etc. You are solely responsible for any activity that occurs on or in your account, whether or not authorized by you. If you discover that someone else is using your account or password without your authorization, you should immediately notify TORRAS to suspend the relevant services of your account. Also, you are aware that a reasonable period of time is required for TORRAS to act on your request.

(4) You have the right to change various changeable information of your account on the App, and if your password is lost, you can reset your password and retrieve it by other means such as the registered mobile phone number or email address.

(5) You must ensure the authenticity, accuracy and legality of the mobile phone number or e-mail used for registration, and the mobile phone number used for registration is the only evidence to determine the association between you and the App account. Once the mobile phone number is changed, lost or cannot receive the verification code, you need to update the mobile phone number in time to continue to use the App and its Services.

2. Use of the App and its Services

(1) In the process of registering your App account, you can add your personal smart device and control it, including but not limited to: adjusting the temperature level, adjusting the airflow level, changing the operation mode of the device, reading the content of "Discover" articles, using the customer service function to contact us, etc.

(2) The App and its Services depend on your network environment and hardware base (such as internet speed, Bluetooth or Wi-Fi function, etc.) when you use the App. Therefore, you need to ensure that you have met all the conditions and requirements necessary for the App and its services to be used properly before using the App and its Services, otherwise the App and its services may be delayed, have limited access or be inaccessible and other abnormal situations.

3. Changes to the App and its Services

The content, parameters, price, quantity and other information about TORRAS products/services advertised in the App and its Services are subject to change at any time. Due to the existence of objective reasons such as Internet technology and market factors, the information displayed on the platform may have a certain lag or error. In this regard, you are aware and understand, and agree not to hold TORRAS responsible. If you find that the product/service information is wrong or in doubt, please do not submit orders or receive services, and contact us in time.

III. Specifications for use

1. In the course of using the App and its Services, you shall not use the App platform to store, upload, copy and disseminate any information that may violate laws, regulations, policies, public order and morals and relevant rules of TORRAS, including but not limited to the following information:

(1) endangers national security and leaks national secrets;

(2) violates national, social or collective interests and the legitimate rights and interests of citizens;

(3) engages in illegal and criminal activities;

(4) incites resistance, undermines the Constitution and the implementation of laws and administrative regulations;

(5) incites subversion of state power or overthrow of the socialist system;

(6) incites secession and undermines national unity;

(7) incites ethnic hatred, ethnic discrimination, and undermines national unity;

(8) fabricates or distorts facts, spreads rumors and disturbs the social order;

(9) promotes feudal superstition, obscenity, pornography, gambling, violence, murder, terrorism or abetting crime;

(10) insults or slanders others and infringes upon their legitimate rights and interests;

(11) damages the credibility of national organs;

(12) other violations of laws, regulations, policies, and public order and morals.

2. You may not use the App and its Services to engage in the following activities:

(1) accessing computer information networks or using computer information network resources without permission;

(2) deleting, modifying or adding to the functions of the computer information network that you are not entitled to access without permission;

(3) deleting, modifying or adding to the data and applications stored, processed or transmitted in the computer information network that you are not entitled to access without permission;

(4) intentionally producing, spreading computer viruses and other destructive programs that interfere with normal network information services;

(5) other behaviors that endanger the security of computer information networks.

3. You own or control all rights to any content contained in your uploads and you warrant that your uploads will not infringe any intellectual property rights or any rights of third parties; if TORRAS or any third party with whom TORRAS cooperates is subject to complaints, claims or lawsuits as a result of your infringement, you shall actively take all necessary measures to ensure that TORRAS and any third party with whom TORRAS cooperates is protected from claims, lawsuits and other negative consequences. You shall be liable for any losses suffered by TORRAS and any third parties cooperating with TORRAS. The personal information you provide will be protected in accordance with the provisions of the TORRAS Privacy Policy.

4. You agree that in the course of using the App and its Services, you won't do any of the following:

(1) interfering with the normal operation of the App and its services;

(2) using works that we enjoy intellectual property rights, including but not limited to LOGO, marks, trademarks owned by TORRAS, etc., without consent;

(3) obtaining other users' accounts, passwords, information, etc. through illegal or unlawful means;

(4) any other use of the App in any unlawful manner, for any unlawful purpose, or in any manner that violates the provisions of this Agreement;

(5) any other act that damages the legitimate rights and interests or image of TORRAS.

5. If you violate any of the above codes of conduct, TORRAS has the right to take all necessary measures, including but not limited to correcting the situation, suspending the use of the account, and pursuing relevant legal responsibilities; if your actions cause losses to TORRAS or any third party (including direct economic losses, loss of goodwill and indirect economic losses such as compensation paid to external parties, settlement payments, attorney fees, litigation costs, etc.), you shall bear all legal responsibilities and compensate for the losses yourself.

6. If your actions cause TORRAS to suffer the rights claimed by the third party, TORRAS may recover all the expenses paid from you after paying the corresponding consideration.

IV. Restrictions on use

1. We have the right to refuse to provide prohibited goods and services to countries, regions and any institutions or individuals blacklisted by the United Nations, the United States, the European Union and other countries. Also, you may not use any products/services provided, produced or sold by TORRAS for any military use, support of terrorism, nuclear facilities, biochemical weapons, missiles, weapons of mass destruction, etc.

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

V. Ownership and intellectual property protection

1. Except for your personal information uploaded in the course of using the App and its Services, TORRAS has exclusive ownership and intellectual property rights in the visual interface, graphics, design, firmware, software, services and all elements thereof, including but not limited to all content, data, technology, software, code, user interfaces, logos and any derivative works related thereto, of the App and its Services ("our Intellectual Property"). No one may use, copy or imitate our Intellectual Property in any way, including our trademarks or product names, logos, domain names or other distinctive features relating to the TORRAS brand, without TORRAS's written permission, nor may you indicate to any third party, expressly or impliedly, that you own, have the right to use, copy or imitate our Intellectual Property.

2. All rights in any software (including but not limited to any images, video, audio, music, text, additional programs, etc. contained in the software) created/used to provide the App and its Services belong to TORRAS and you may not reverse engineer, decompile or disassemble, or otherwise discover the original code of, the software without TORRAS's written permission, and commit any alleged infringement of intellectual property rights.

VI. Data Privacy

1. We will protect the privacy of your personal data in accordance with the TORRAS Privacy Policy published by the App. Please read our Privacy Policy and its contents in detail to understand how we protect your personal privacy.

2. If you are a minor under the age of 18 (or in your jurisdiction, your age is a minor), you must sign this Agreement, use the App and its Services, and provide personal information with the consent of your guardian; if your guardian does not consent to your doing so, please immediately stop using the App and its Services and promptly notify TORRAS ; if you are the guardian of a minor and the person under your guardianship has used the TORRAS App and its Services or provided personal information without your consent, please also inform TORRAS in a timely manner, and TORRAS will promptly delete the information, close the account and other operations at your request.

3. The content of this Agreement includes the body of this Agreement and the TORRAS Privacy Policy . The TORRAS Privacy Policy is an integral part of this Agreement, and your acceptance of this Agreement is deemed to be your acceptance of the TORRAS Privacy Policy .

VII. Changes, Interruptions and Termination of Services

1. In order to better improve user experience and services, TORRAS will provide App updates or service updates from time to time. In order to ensure the safety of App and related services and enhance user services, after the App and related services are updated or part of the services are updated, where possible, TORRAS will prompt the user by means including but not limited to system notification, announcement, in-site letter, etc. The user has the right to choose to accept the updated version or services, and if the user does not accept, some App functions or services will be restricted or cannot continue to be used.

2. You understand and agree that TORRAS cannot at any time foresee and prevent technical and other risks, including but not limited to force majeure, viruses, t rojan horses, hacker attacks, system instability, third party service defects or various other security issues that may cause service interruption, data loss and other losses and risks.

3. We may suspend, cancel or limit your access, in whole or in part, temporarily or permanently, at any time in accordance with the law, without liability to any person or third party. We will make every effort to notify you before taking any of the foregoing actions. However, we may immediately and permanently or temporarily restrict, cancel or terminate all or part of your privileges without prior notice to you, including the cancellation of the relevant outstanding order, the termination of a contract, or the cancellation of your account, when any of the following occurs:

(1) you breach, or TORRAS has reason to believe that you are about to breach, this Agreement, including any covenants, policies or guidelines contained therein;

(2) fraudulent or illegal activity by you or anyone acting on your behalf, or providing false or misleading information to TORRAS;

(3) respond to requests from law enforcement or governmental authorities in accordance with valid legal process.

(4) to perform urgent system or hardware maintenance updates;

(5) for unforeseen technical, security or operational reasons;

(6) you repeatedly post information in the comment section or inquiry area that is not related to the goods or services sold, or repeatedly make negative comments with malicious intent, in violation of the platform's credit rating system;

(7) seeking benefits through improper means (such as external tools, network attacks, bank card theft, etc.) or other illegal or infringing third parties' interests;

(8) engaging in claims or resale business through account shopping (e.g., wholesale, retail);

(9) abusive, personal attacks on sellers or customer service personnel without cause;

(10) repeatedly rejecting goods or refusing to accept services within a short period of time for reasons other than the quality of the goods/services;

(11) you provide order information (including but not limited to name , mobile phone number, ID number, email address, etc.) that is untrue, inaccurate or incomplete;

(12) you have other acts that affect the normal operation order of the platform or violate the law.

4. The expiration or termination of this Agreement shall not affect the provisions of this Agreement that are expressly stated to be operative or continue in effect after its expiration or termination, nor shall it affect any accrued interest or obligation or any right or obligation that shall continue in effect after the expiration or termination of this Agreement.

5. Any provision of this Agreement that is expressly stated to or by its nature should survive termination of this Agreement will remain in full force and effect after termination of this Agreement until the conditions in those provisions are satisfied or by their nature should expire.

VIII. Disclaimers

1. Our services (including, but not limited to, the website, user submissions, any products or services offered on our services and all information, software, facilities, services and other content) are provided "as is", "as available" and "without warranty of any kind" basis. In the process of providing the App and its Services, TORRAS may be affected by various factors, including but not limited to the failure of the basic communication network, technical defects, coverage restrictions, force majeure, computer viruses, hacker attacks, the location of the user, the user shutdown or other events that are not within the technical capacity of the App and its Services, and then cause service interruption, content loss and other losses and risks that affect normal use, and you understand and agree that TORRAS is not responsible for the above.

2. The App may contain products or services provided by third parties, such as information and services on relevant third party websites or within the App. When you use the products or services provided by the third party in the App, you shall comply with the user agreement of the third party in addition to the agreement herein. The legality, security and authenticity of the information and services in the website or app provided by the third party are not under the control and responsibility of TORRAS , and the operator of the third party website or app shall be responsible for them, and you should carefully judge the legality of the third party website or services in the app. You shall negotiate with the operator of the third party website or application to resolve any of the following situations:

(1) if the third party website or application acts against your interests;

(2) dispute arises when a third party website or application uses your mobile phone number information;

(3) you suffer losses in the process of using the third-party website or application;

(4) other cases where the third-party website or application violates your personal interests.

3. In order to use the App and its Services, you are required to pay for the network communication fees that may be incurred by the third party providing network access services (such as Internet, mobile phone communication) and to equip yourself with all necessary equipment (such as mobile phone) required to use the App and its Services. You are responsible for any normal costs incurred in this regard and you shall not require TORRAS to bear them.

4. The App and its Services may be regularly or irregularly maintained or updated on the App or related equipment providing the services, and if the services are interrupted for a reasonable period of time due to such circumstances, please understand and agree that all losses caused are not within the scope of TORRAS 's responsibility, but TORRAS will inform you of the maintenance or update news in advance as far as possible.

5. If TORRAS undergoes bankruptcy, merger or other major changes, TORRAS has the right to transfer part or all of the App and its Services, temporarily discontinue or permanently terminate the App and its Services according to the actual situation without any liability to you and any third party, but TORRAS shall inform you of the relevant news through the App and its Services platform or TORRAS 's website in advance as far as possible, and you agree not to notify each user separately.

6. It is the joint responsibility of TORRAS and you to maintain the security and normal use of the system and software, and TORRAS will take the necessary technical measures to protect the security of your information and data in accordance with industry standards in a reasonable and prudent manner, but you and TORRAS jointly confirm that TORRAS shall not be held responsible for the following circumstances:

(1) TORRAS App and its services do not meet your non-conventional use requirements;

(2) disputes or losses suffered as a result of your authorization to third parties (including third party applications) to use your account.

7. TORRAS shall not be liable for any direct or indirect damages for loss of profits, business reputation, any loss of use, loss or interruption of business, loss of revenue content or loss or destruction of data, or other tangible or intangible losses based on:

(1) your infringement or violation of law;

(2) your improper use of the App and its Services;

(3) damage to equipment related to the product/service that is at your own expense;

(4) use or modification of your data by users not authorized by you;

(5) any natural disaster, such as a flood, earthquake, global pandemic or epidemic;

(6) any social event, such as war, unrest or government action;

(7) any computer viruses, Trojan horses or other damage resulting from malicious programs or hacking attacks;

(8) any failure or malfunction of our software or your software, system, hardware or connection;

(9) any data or other content that you have not saved or backed up;

(10) any loss caused by any content, program or service not provided by us or our affiliates;

(11) any loss or damage that is beyond our reasonable control, unforeseeable, indirect, special, consequential, exemplary or punitive. (For the purposes of this Agreement, loss or damage is foreseeable if it is apparent that it will occur or if, at the time of contracting, we and you both know that such loss or damage is likely to occur.)

8. The App service is a free service and neither TORRAS nor its affiliates, subsidiaries, directors, agents, employees or other representatives shall be liable for any damages, including direct, indirect, special, incidental, or punitive damages, arising out of your use of or reliance on the App and the contents of the App and its Services.

9. In no event shall our total aggregate liability and that of our affiliates for all claims arising out of this Agreement or TORRAS exceed the greater of: the amount paid by you for the use of the App and its Services during the six months prior to the date of the last claim; and, the price paid for the TORRAS Smart Device.

IX. Other

1. We will do our best to explain the rights and obligations of you and TORRAS , but cannot fully guarantee that the terms of this Agreement completely cover all rights and obligations of you and TORRAS . TORRAS's legal notices, TORRAS Privacy Policy , product terms of use, product manuals, notices, announcements, operating rules, help documents, and warm tips are all supplementary to this Agreement, and are inseparable from and have the same legal effect as this Agreement. If you use our App and its S ervices, you are deemed to agree to the above supplementary agreement.

2. By registering and using the App and its Services, you are deemed to have read and be bound by this Agreement. All notices to you under this Agreement may be given by means of web announcements, email, mobile phone text messages, App notifications or regular mail delivery, and such notices shall be deemed to have been delivered on the date they are sent.

3. If any part of this Agreement is unlawful, void or unenforceable, that part shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.

4. The laws of Mainland China (excluding Hong Kong, Macau and Taiwan) shall apply to the conclusion, performance, interpretation and resolution of disputes under this Agreement. Any dispute arising from or in connection with this contract shall be submitted to the Shenzhen Court of International Arbitration (the SCIA) for arbitration.

5. This Agreement constitutes the entire agreement between TORRAS and you with respect to the matters agreed herein and related matters, and does not confer any other rights on the parties hereto except as expressly provided in this Agreement.

If you have any questions about the content of this Agreement, you can contact us through "Me - Contact Us" on the App platform, or you can send an email to tlsgbfs@163.com / su pport@torraslife.com at any time, and we will answer you as soon as possible.

Specific Terms for Other Countries

United States

If you are a user in the United States, the following additional terms apply to you; if there is any conflict between the following terms and the above terms, the following terms shall prevail.

If you reside (or have your principal place of business) in the United States, you irrevocably agree that the parties hereto irrevocably waive any and all rights to a trial by jury or to participate in a class action lawsuit in any proceeding arising out of or relating to this Agreement or the transactions hereunder for all disputes arising out of or relating to this Agreement (other than arbitration).

In the event of a dispute, you and we agree to attempt to resolve it informally within the 60-day period. If you and we are unable to reach an informal resolution within the 60-day period, you and we agree to arbitrate and not to litigate in court before a judge or jury. Instead, a neutral arbitrator will render an award, and that arbitrator's award will be final. The parties agree not to pursue class actions, class arbitrations, private attorney-general actions, and any other actions acting in a representative capacity, or to permit the consolidation of individual actions without the consent of the parties. If any other provision of the arbitration clause is found to be unlawful or unenforceable, that provision will be severed, but the remaining provisions of the arbitration will still apply.

If you are a California resident, then (except to the extent prohibited by applicable laws) you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party".

Australia

If you are a user in Australia, the following additional terms will apply to you; in the event of any inconsistency between the following terms and the above terms, the following terms will prevail.

To the maximum extent permitted by applicable law or regulation, all warranties, guarantees, representations or other terms and conditions, express or implied, relating to these terms or their subject matter, but not included in these terms, are excluded from these terms.

Nothing in these terms shall exclude, limit or modify any warranty, guarantee, term or condition, right or remedy implied or imposed by any applicable law or regulation which cannot be lawfully excluded, limited or modified.

If any applicable law or regulation implies or imposes any warranty, condition, guarantee or term that cannot be excluded ("non-excludable provision"), our liability for breach of the non-excludable provision is limited to one or more of the following, at our option.

In the case of services, the re-provisioning of services or payment for the re-provisioning of services.

United Kingdom

If you are a user in the United Kingdom, the following additional terms will apply to you; in the event of any inconsistency between the following terms and the terms above, the following terms will prevail.

If any service or feature we provide causes damage to your equipment or digital content due to our failure to use reasonable care and skill, we will repair the damage or pay you reasonable compensation for such damage. However, we will not be liable for damages that could have been avoided by using the updates provided to you free of charge in accordance with our recommendations, or for damages caused by your failure to properly follow the installation instructions or our recommended minimum system requirements. If you use TORRAS or the services and features for any commercial or business purpose, we will not be liable to you for any loss of profits, loss of business, business interruption or loss of business opportunity.