User Agreement

Release Date: March 10, 2023

Effective Date: March 10, 2023

The following constitutes the User Agreement (hereinafter referred to as "the Agreement") for the UDMed App and its associated services. This Agreement is entered into by and between Zhejiang Youdian Medical Technology Co., Ltd. (hereinafter referred to as "UDMed" or "We") and all entities utilizing the UDMed App and its services (hereinafter referred to as "You" or "User"). It governs the use of the UDMed App (hereinafter referred to as "App"), its integrated smart devices, and other related matters. Note that the development of UDMed App has been entrusted by us to an affiliated company, namely xxxx.

Based on the services provided by the UDMed App, you can operate UDMed smart devices by connecting through the App. Before using the App and its services, please thoroughly read and understand this Agreement (with particular attention to bold sections). If you are under 18 years of age, you are prohibited from using the App and its services. You confirm that you are at least 18 years old (or considered a minor in your jurisdiction) or, if under 18, have obtained consent from your parents or legal guardians, and are fully capable of understanding, accepting, and complying with this Agreement. Registration or use of the App constitutes your acknowledgment and acceptance of all terms in this Agreement. If you disagree with this Agreement, please refrain from using the App and its services. To enhance user experience and improve services, UDMed's will periodically provide App updates without specific notification. Additionally, UDMed's may update this Agreement at any time, with notifications provided through in-platform announcements or other written forms. Should you not accept adjustments or updates to this Agreement and related terms, please cease using the App and its services immediately and notify us in writing; otherwise, you will be deemed to have accepted the updated content.

Place of signing and performance of contract: Cixi City, Ningbo City, Zhejiang Province

I. Instructions

1.The UDMed App (including downloadable applications and mini-programs(UDMed Mini-program) that can be used without installation) is a software application designed to enable end users (you) to control UDMed's smart devices. To utilize the App and its services, you must first download the App and follow the prompts to complete account registration, login, and authorization. After binding your UDMed Smart Device, you can access the corresponding monitoring functions and services.

2. You shall bear all costs associated with devices related to UDMed App and its services (including mobile phones, UDMed Smart Device, internet-connected equipment, network fees, data usage, etc.).

3. You should download and install the App through UDMed's official website or other designated channels. Exercise caution against downloading the App from non-designated websites to prevent malicious program infiltration of your mobile terminal device. If you obtain the App or an installation program with the same name from a third party not authorized by UDMed, we cannot guarantee proper functionality of the App and shall not be liable for any resulting losses.

II. Usage Guidelines

1. Account Registration

(1)You must possess the civil capacity as stipulated by the laws of the People's Republic of China (or your country of residence) appropriate to your actions. f you are under 18 years of age (or considered a minor in your jurisdiction), you must obtain guardian consent and have them sign this agreement on your behalf before using the App and its services. Any personal information collected from minors who use our App or services without guardian consent will only be used or disclosed when permitted by law, explicitly authorized by guardians, or when necessary for minor protection.

(2)You may access the App's services by downloading it to your mobile device, registering with your phone number, setting a password, and linking your smart devices. The App's proprietary rights belong to UDMed. Upon registration, you are granted usage rights, which cannot be leased, loaned, transferred, gifted, or shared with others.

(3)You are responsible for maintaining the security of your account and password. You should take proactive measures to ensure account security, including: not disclosing account credentials to others, setting complex passwords, and regularly updating passwords. You are liable for any activities conducted through or occurring within your account, whether authorized by you or not. If you discover unauthorized access to your account, you must immediately notify UDMed to suspend related services. You acknowledge that UDMed requires reasonable time to process such requests.

(4)You have the right to modify available account information within the App. In case of password loss, you may reset or recover it through your registered phone number, email, or other designated methods.

(5)You must ensure the authenticity, accuracy, and legitimacy of the phone number used for registration. The registered phone number or email serves as the sole credential linking you to your App account. Should your phone number change, become lost, or experience verification code reception issues, you must promptly update it to continue using the App and its services.

2. App and Use of Its Service

(1)Upon registering an account and adding your smart devices to the application, you will have control capabilities over your devices, including but not limited to: temperature adjustment, airflow regulation, modification of device operating modes, access to content in the "Discover" section, and utilization of customer service features to contact our support team.

(2) The functionality of this application and its associated services is contingent upon your network environment and hardware specifications (such as internet speed, Bluetooth or Wi-Fi connectivity) during usage. Therefore, you must ensure that all necessary conditions and requirements for normal operation are met prior to utilizing the application and its services. Failure to meet these prerequisites may result in latency, restricted access, or service unavailability.

3. Changes to the App and its Services

The content, parameters, pricing, quantity, and other information advertised regarding UDMed's products/services through the Application and its services are subject to change. Due to objective factors such as Internet technology and market conditions, information displayed on the platform may experience certain delays or discrepancies. You acknowledge and understand this, and agree not to hold UDMed liable. 如您发现产品/服务信息错误或有疑问之处,请您不要提交订单或接受服务,并及时与我们联系。

III. Usage Specifications

1. When using UDMed App and its services, users shall not utilize the App platform to store, upload, copy, or disseminate any information that may violate laws, regulations, policies, public order, morality, and relevant rules, including but not limited to:

(1)Content endangering national security or disclosing state secrets;

(2)Content infringing upon national, social, collective interests, and citizens' legitimate rights;

(3)Content involving illegal or criminal activities;

(4)Content inciting resistance to or sabotage of the implementation of the Constitution, laws, and administrative regulations;

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

(6)Content inciting separatism or undermining national unity;

(7)Content inciting ethnic hatred, discrimination, or undermining ethnic unity;

(8)Content fabricating or distorting facts, spreading rumors, or disrupting social order;

(9)Content promoting feudal superstitions, obscenity, pornography, gambling, violence, murder, terrorism, or criminal instigation;

(10)Content insulting or defaming others, or infringing upon others' legitimate rights;

(11)Content damaging the credibility of state organs;

(12)Any other content violating laws, regulations, policies, public order, and morality.

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

(1)Entering a computer information network without the right to access or using computer information network resources without permission;

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

(3)Without permission, deleting, modifying or adding to the data and applications stored, processed or transmitted in a computer information network without the right of access;

(4)Intentionally producing or disseminating computer viruses and other destructive programs to interfere with normal network information services;

(5)Others jeopardize the security of computer information network.

3. You represent and warrant that you own or control all rights to the content in your uploaded information and guarantee that such information will not infringe upon any intellectual property rights or third-party rights. In the event that your infringement leads to complaints, claims, or litigation against UDMed or any third parties cooperating with UDMed, you shall actively take all necessary measures to ensure that UDMed and its cooperating third parties are protected from claims, litigation, and other adverse impacts. You shall be liable for compensating any losses incurred by UDMed and its cooperating third parties as a result. Regarding the personal information you provide, we will protect it in accordance with the provisions of the UDMed Privacy Policy.

4. You agree to refrain from any of the following behaviors in the course of using the App and its services:

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

(2)Use, without consent, works for which we have intellectual property rights, including, but not limited to, logos, signs, trademarks, etc., owned by UDMed;

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

(4)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 behavior that damages the legitimate rights and interests or image of UDMed.

5. In the event of any violation of the aforementioned code of conduct, UDMed reserves the right to implement all necessary measures, including but not limited to requiring rectification within a specified period, suspending account privileges, and pursuing relevant legal liabilities. You shall bear full legal responsibility and compensate for any losses (including direct economic losses, reputational damage, and indirect economic losses such as compensation payments, settlement fees, attorney fees, and litigation costs) caused to UDMed or any third party due to your actions.

6. If your actions result in third-party claims against UDMed, UDMed may, after making the corresponding payments, seek full reimbursement from you for all expenditures incurred.

IV. Usage Restrictions

1.We reserve the right to deny the provision of restricted goods and services to countries, regions, organizations, or individuals blacklisted by the United Nations, United States, European Union, and other nations. Furthermore, you shall not utilize any products/services provided, manufactured, or distributed by UDMed's for military purposes, support of terrorism, nuclear facilities, biochemical weapons, missiles, weapons of mass destruction, or related applications.

2.You must comply with all applicable domestic and international export control laws and restrictions, including any limitations regarding destinations, end-users, and end-use. We reserve the right to suspend, restrict, or terminate your access to and use of UDMed App and its services, in whole or in part, for the purpose of compliance with any such export control laws and restrictions.

V. Ownership and Intellectual Property Protection

1.Except for personal information uploaded during your use of the App and its services, UDMed's retains exclusive ownership and intellectual property rights ("Our IP Rights") to all visible interfaces, graphics, designs, firmware, software, services, and all their elements of the App and its services, including but not limited to all content, data, technology, software, code, user interfaces, LOGO, and any derivative works thereof. Without UDMed's written authorization, no person shall unauthorized use, copy, or imitate Our IP Rights, including our trademarks, product names, logos, domain names, or other distinctive features related to the UDMed's brand, nor explicitly or implicitly indicate to any third party that you own, have the right to use, copy, or imitate Our IP Rights.

2.All rights to any software created/used to provide UDMed App and its services (including but not limited to any images, videos, audio, music, text, add-ons contained in the software) belong to UDMed's. Without UDMed's written permission, you shall not reverse engineer, decompile or disassemble the software, or otherwise discover its original code, or conduct any activities suspected of infringing intellectual property rights.

VI. Data Privacy

1. We shall protect your personal data privacy in accordance with the "UDMed Privacy Policy" published in the App. Please read our privacy policy and related content carefully to understand how we protect your personal privacy.

2. If you are a minor under 18 years of age (or considered a minor within your jurisdiction), you must obtain guardian consent before signing this agreement, using the App and its services, or providing personal information. If your guardian does not consent to the aforementioned actions, please immediately cease using the App and its services and promptly notify UDMed. If you are the guardian of a minor who has used the UDMed App and its services or provided personal information without your consent, please inform UDMed promptly. We will proceed with information deletion, account closure, and other necessary operations according to your requirements.

3. This agreement encompasses the main text and the "UDMed Privacy Policy." The "UDMed Privacy Policy" constitutes an integral part of this agreement. Your acceptance of this agreement shall be deemed as acceptance of the "UDMed Privacy Policy."

VII. Service Modifications, Interruptions, and Termination

1. To enhance user experience and service quality, UDMed shall periodically provide application and service updates. To ensure application security and improve user services, following any updates to the application or related service content, UDMed shall, where feasible, notify users through means including but not limited to system notifications, announcements, and in-platform messages. Users retain the right to accept or decline updated versions or services. Non-acceptance may result in restricted functionality or service discontinuation.

2. You acknowledge and agree that UDMed cannot anticipate or prevent all technical and other risks, including but not limited to service interruptions, data loss, and other damages and risks that may arise from force majeure events, viruses, malware, cyber attacks, system instability, third-party service defects, or various other security vulnerabilities.

3. We reserve the right to temporarily or permanently terminate, cancel, or restrict your privileges, in whole or in part, at any time in accordance with applicable laws, without incurring any liability to any individual or third party. While we shall endeavor to notify you prior to implementing such measures, we may immediately and without prior notice restrict, cancel, or terminate your privileges, in whole or in part, including cancellation of pending orders, contract termination, or account deletion, under the following circumstances:

(1) You breach, or we have reasonable grounds to believe you are about to breach, this Agreement, including any incorporated terms, policies, or guidelines;

(2) You or any person acting on your behalf engages in fraudulent or illegal activities, or provides false or misleading information to the Company;

(3) We respond to requests from law enforcement or government authorities pursuant to valid legal procedures;

(4) We need to perform emergency system or hardware maintenance updates;

(5) Due to unforeseen technical, security, or operational reasons;

(6) You repeatedly post irrelevant information in the consultation area or violate the platform's credit evaluation system;

(7) You seek benefits through improper means or other illegal methods that infringe upon third-party interests;

(8) You engage in unwarranted verbal abuse or personal attacks against vendors or customer service personnel;

(9) You repeatedly refuse delivery of goods or services within a short period without valid quality-related reasons;

(10) The information you provide (including but not limited to name, telephone number, ID number, email address, if required) is false, inaccurate, or incomplete;

(11) You engage in other activities that disrupt normal platform operations or violate applicable laws.

4. The expiration or termination of this Agreement shall not affect any provisions explicitly stated to survive or remain operative after its expiration or termination, nor shall it affect any accrued rights, obligations, or any rights or obligations that are intended to continue in effect after the expiration or termination of this Agreement.

5. Any provisions of this Agreement that are expressly stated to survive termination or which by their nature should survive termination shall remain in full force and effect after the termination of this Agreement until such provisions are satisfied or expire by their nature.

VIII. Disclaimer

1. Our services (including but not limited to the website, user-submitted information, any products or services provided on our platform, and all information, software, facilities, services, and other content) are provided on an "as is," "as available," and "with all faults" basis. During the provision of UDMed App and its services, various factors may affect performance, including but not limited to: failures in basic telecommunications networks, technical defects, coverage limitations, force majeure events, computer viruses, hacker attacks, user location, user device power-off, or other circumstances beyond the App's technical capabilities, which may result in service interruptions, content loss, impaired normal usage, or other losses and risks. You understand and agree that we shall not be held liable for such circumstances.

2. The Application may contain third-party products or services, including information and services within third-party websites or in-app content. When utilizing third-party products or services within the Application, you must comply with both this Agreement and the third-party user agreements. UDMed is not responsible for controlling or ensuring the legality, security, and authenticity of information and services provided by third-party websites or applications. These responsibilities lie with the respective third-party operators. Users should exercise prudent judgment regarding the legality of third-party services. In the following circumstances, users must negotiate directly with the third-party website or application operator:

(1)When third-party websites or applications infringe upon your interests;

(2)When disputes arise from third-party websites or applications using your mobile number;

(3)When you suffer losses while using third-party websites or applications;

(4)Other instances where third-party websites or applications infringe upon your personal interests.

3. To access the Application and its services, you are responsible for paying any network communication fees to third-party service providers (such as internet and mobile carriers) and procuring all necessary equipment (such as mobile devices). You shall bear these standard costs and may not request UDMed to assume them.

4. The Application and its services may undergo periodic or irregular maintenance or updates. UDMed will not be liable for any losses resulting from reasonable service interruptions during such maintenance or updates but will endeavor to provide advance notice of such activities.

5. In the event of bankruptcy, merger, or other significant changes, UDMed reserves the right to transfer, temporarily suspend, or permanently terminate the Application and its services in part or in whole, without liability to you or any third party. UDMed will endeavor to provide advance notice through the Application platform or website, and you agree that individual notifications to each user are not required.

6. Maintaining system and software security and normal operation is a shared responsibility between UDMed and users. UDMed will implement necessary technical measures following industry standards to protect your information and data security. However, UDMed shall not be liable in the following circumstances:

(1)When the Application and its services do not meet your non-standard usage requirements;

(2)For disputes or losses resulting from your authorization of third parties (including third-party applications) to use your account.

7. UDMed shall not be liable for any direct or indirect compensation for lost profits, business reputation, usage losses, business interruption, revenue loss, content or data loss/damage, or other tangible or intangible losses arising from:

(1)Your infringing or illegal actions;

(2)Your improper use of the Application and its services;

(3)Equipment damage related to the product/service that you are responsible for;

(4)Unauthorized use or modification of your data;

(5)Natural disasters, including floods, earthquakes, global pandemics, or epidemics;

(6)Social events such as war, civil unrest, or government actions;

(7)Damage caused by computer viruses, trojans, or other malicious programs or hacker attacks;

(8)Any malfunction or failure of our software or your software, systems, hardware, or connections;

(9)Any data or content not saved or backed up;

(10)Any losses caused by content, programs, or services not provided by us or our affiliates;

(11)Any losses or damages that we cannot reasonably control, are unforeseeable, indirect, special, consequential, punitive, or exemplary. (For this agreement, losses or damages are foreseeable if they would obviously occur or if both parties knew they might occur when entering into the contract)

8. The Application services are provided free of charge. Neither UDMed nor its affiliates, subsidiaries, directors, agents, employees, or other representatives shall be liable for any losses, including direct, indirect, special, incidental, or punitive damages, arising from the use of or reliance on the Application and its services.

9. For all claims arising from this Agreement or UDMed, our total aggregate liability and that of our affiliates shall not exceed the higher of: the amount paid for using the Application and its services in the 6 months preceding your most recent claim; ,就使用App及其服务所支付的金额;及,就购买 or the price paid for UDMed smart devices.

IX. Miscellaneous Provisions

1. While we shall exercise due diligence in delineating the rights and obligations between you and UDMed, we cannot guarantee that these Terms comprehensively encompass all rights and obligations. UDMed's Legal Disclaimer, "Privacy Policy" , Product Terms of Use, Product Documentation, Notices, Announcements, Operational Guidelines, Help Documentation, and Advisory Notices constitute supplementary agreements to these Terms, are inseparable therefrom, and carry equal legal effect.Your use of our Application and services indicates your acceptance of these supplementary agreements.

2. Your registration and utilization of UDMed Application and its services constitutes acknowledgment and acceptance of these Terms. Under these Terms, all notifications to you may be delivered through website announcements, electronic mail, SMS, Application notifications, or conventional correspondence, and such notifications shall be deemed received upon dispatch.

3. Should any provision of these Terms be deemed unlawful, invalid, or unenforceable, such provision shall be considered severable without affecting the validity or enforceability of the remaining provisions.

4. The formation, performance, interpretation, and dispute resolution of these Terms shall be governed by the laws of Mainland China (excluding Hong Kong, Macau, and Taiwan). Any disputes arising from or relating to this agreement shall be submitted to the Ningbo International Arbitration Court for arbitration.

5. These Terms constitute the complete agreement between UDMed and you regarding the matters herein and related issues. Unless explicitly stated in these Terms

For any inquiries regarding these Terms, please contact us through the "Profile - Contact Us" section in the Application, or email us at service@ud-med.com. We will respond to your inquiry promptly.

Country-Specific Terms and Conditions for International Users

United States

For users within the United States, the following supplementary provisions shall apply. In the event of any inconsistency between these provisions and the foregoing terms, these provisions shall prevail.

If you reside (or primarily conduct business) in the United States, you irrevocably agree that for all disputes arising from or relating to this Agreement (except arbitration), all parties hereto irrevocably waive any and all rights to a jury trial or to participate in any class action litigation arising from or relating to this Agreement or transactions hereunder.

In the event of a dispute, you and we agree to attempt informal resolution within a 60-day period. Should informal resolution prove unattainable within 60 days, you agree to pursue arbitration rather than litigation before a judge or jury. Instead, a neutral arbitrator will render a decision, which shall be final. Both parties agree to forgo class actions, class arbitrations, private attorney-general actions, and any other representative proceedings, and consent shall be required for consolidation of individual cases. Should any provision regarding arbitration be deemed illegal or unenforceable, that provision shall be severed while the remaining arbitration provisions remain in effect.

For California residents, except where prohibited by applicable law, you agree to waive California Civil Code Section 1542 and any similar provisions in other jurisdictions where you may reside, which states: "A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her would have materially affected his or her settlement with the debtor or released party."

Australia

For users within Australia, the following supplementary provisions shall apply. In the event of any inconsistency between these terms and the preceding provisions, the following terms shall prevail.

To the maximum extent permitted by applicable laws and regulations, all express or implied warranties, guarantees, representations, or other terms and conditions relating to these Terms or their subject matter, but not included herein, are hereby excluded.

Nothing in these Terms excludes, restricts, or modifies any warranty, guarantee, term, condition, right, or remedy implied by or imposed under any applicable law that cannot be lawfully excluded, restricted, or modified.

Where any warranty, condition, guarantee, or term is implied by applicable law or imposed by law that cannot be excluded (hereinafter referred to as "Non-Exclusion Provision"), our liability for breach of any such Non-Exclusion Provision is limited to one or more of the following at our discretion:

In respect of services, the re-supply of the services or payment of the cost of re-supplying the services.

United Kingdom

For users within the United Kingdom, the following supplementary terms shall apply. In the event of any inconsistency between these terms and the preceding provisions, the following terms shall prevail.。

If any damage occurs to your device or digital content due to our failure to exercise reasonable care and technical skill in providing our services or features, we shall either rectify such damage or provide reasonable compensation. However, we shall not be liable for damages that could have been prevented by following our recommendations to install free updates, or damages resulting from failure to properly follow installation instructions or meet our recommended minimum system requirements. We disclaim all liability for loss of profits, business losses, business interruptions, or loss of business opportunities if you use the benefits, services, or features for any commercial or business purposes.