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Legal Statement
Last Updated: Jan. 18, 2019
I. Ownership of Rights
1.1. The logo, "涂鸦", "涂鸦智能", "tuya", "Tuya", "Tuya Smart", and other texts, graphics of these kinds and their combinations on the Tuya website, as well as other identification, symbols, names of Tuya services, etc. of the Tuya website all constitute the registered trademarks of Tuya and its Affiliate in China and other countries. Without the written authorization of Tuya, no one may display, use, or otherwise process (including but not limited to copy, transmit, display, mirror, upload, and download) such contents in any way, nor may anyone indicate that he/she has the right to make such display, use, or processing.
1.2. The intellectual property rights of all products, services, technologies, and programs (hereinafter also referred to as “technical services”) of the Tuya website are owned by Tuya or by the right holders.
1.3. Unless otherwise stated, Tuya has all rights (including without limitation copyrights, and trademark, patent, trade secret rights, and all other related rights) to publish documents and other information (namely but not exclusively text, graphics, pictures, photos, audio, video, icons, colors, layouts, and electronic documents) on the website. Without the permission from Tuya, no one is permitted to use the said contents (including but not limited to monitor, copy, broadcast, display, mirror, upload, and download any content on the Tuya website through a program or device). Where any authorization is given to browse, copy, print, and distribute any information on the Tuya website, such information must not be used for commercial purposes and the use of all such information and any part thereof must be accompanied with this right statement.
II. Limitation on Liability
2.1. Tuya users upload, provide, and publish information (including without limitation user names, company names, contacts and contact information, and related pictures, information, product information, etc.) on the Tuya website by themselves, and must assume full responsibilities according to laws for any information they provide.
2.2. Reprinted works (including forum contents) on Tuya websites do not mean that Tuya agrees with their opinions or confirms the authenticity of their contents, but only for the purpose of conveying more information.
2.3. Tuya hereby suggests that during the use of Tuya services, you shall abide by the laws of the People's Republic of China and shall not endanger the security of the Internet. You must not use Tuya services to engage in activities that infringe another person's reputation, privacy, intellectual property rights, and other legitimate rights and interests. Notwithstanding the above suggestion, Tuya does not take any responsibility for your use of and purpose of using Tuya services.
III. Protection of Intellectual Property Rights
Tuya respects intellectual property rights and opposes any act of infringement and pirating. If any organization or individual thinks that any content on the Tuya website (including any content on www.tuya.com and client pages)(for example, reprinted articles, service information published in the service market, product information released in the product library, etc.) may infringe any of his/her legitimate rights and benefits, he/she may send a written right notice to Tuya at service@tuya.com, and Tuya will address such issue as soon as possible after receiving the qualified notice from the holder of intellectual property rights.
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Tuya Privacy Policy
Effective as of: 2023-12-13
Scope
Tuya Global Inc., its affiliates and subsidiaries (“we”, “us”, “our”, “Tuya”) recognizes that your privacy is important and we take it seriously. This Privacy Policy describes how we collect, receive, use, store, share, transfer and process your information, as well as your rights in determining what we do with the information that we collect or hold about you when you access or use (a) our websites and online properties, including www.tuya.com and our career portal (collectively, the “Sites”), (b) our Cloud-based IoT Platform, including iot.tuya.com or developer.tuya.com and any dashboards or portals that we make available to our customers, users and others (collectively, the “IoT Platform”) and (c) the Tuya Smart Cloud. The Sites, the IoT Platform and any services we provide in connection with one or more of the foregoing are collectively referred to as the “Services.”
If you are a customer located in the European Economic Area (“EEA”) or the United Kingdom (“UK”), the following corporate affiliate of Tuya may also process your personal data, including for purpose of provision of our products, services and support:
Tuya GmbH, registered address: Peter-Müller-Straße 16/16a, 40468 Düsseldorf, Germany.
This Privacy Policy also covers our processing of information collected on behalf of and under the direction of our Clients through OEM branded Mobile Applications and Tuya APIs. The processing of such information is limited to the purpose of providing the service for which our Clients has engaged us and Tuya has no direct relationship with the individuals whose Personal Data it processes. If you are a customer of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client that you interact with directly.
The Services may contain links to other websites or online services that are operated and maintained by third parties and that are not under the control of or maintained by us. This Privacy Policy does not apply to how third parties collect, use, disclose or retain information. We encourage you to review the privacy policies of these third-party websites or services.
If you have any questions or concerns regarding the data protection practices, please do not hesitate to contact:
Tuya Customer Service Department: dial 1-844-672-5646; email to service@tuya.com or ,
Tuya Privacy Office: privacy@tuya.com
You are not obliged to provide to us your Personal Data (as defined below). However, we may be unable to provide you with certain products and/or Services if you decline to provide such data.
Definitions
In this Privacy Policy,
Personal Data means, unless otherwise provided by applicable laws in your region of residence, information that can be used to identify a particular individual, either by that information alone, or in combination with other information.
User Data refers to the data submitted by users or collected by Tuya in order to provide its services, such as user name, contact information, etc., when user registers for an account on Tuya's website, interfaces with Tuya's products or services. For clarity, User Data includes, but is not limited to, Personal Data.
Smart Devices refers to those nonstandard computing devices produced or manufactured by hardware manufacturers, with human-machine interface and the ability to transmit data that connect wirelessly to a network, including: smart home appliances, smart wearable devices, smart air cleaning devices, etc.
What Personal Data Do We Collect
1. Information You Voluntarily Provide Us.
• Account Data: When you register an account with us, we may collect your name and contact details, such as your name, email address, mailing address, phone number, user name, and login credentials.
• Transactional And Purchase/Payment Details: If you purchase Tuyas Services, either online or offline, we may collect your records/dates of purchases, invoice information, billing address, payment method, or bank account, account holder information, and debit card numbers for the business partnership.
• Session Data: During your sessions of communications with our staff, such as consultations with our business team, or online interactions with the customer service team about our products or Services, we will collect your session records and relevant information, which is limited to the following: customized session ID, session time, your company name, as well as information you voluntarily provide. The purpose of such collection is to analyze your concerns raised during the session, so that we can enhance and improve our services and identify usage trends, or in order to address your problems. However, please be reminded that we will not collect any sensitive personal information related to your identity.
• Name and Occupational Information in Communications with Us: When you visit our websites, fill out our online forms, or engage with our support team, we may collect your name and occupational information, such us your name, email address, and work/company information.
• Job Application Information: When you apply to work for us, we may collect your education and professional experience related information, such as school attended, course of study, academic degree obtained, grades, employment history, professional certification/licenses received.
2. Information We Collect Automatically.
When you use our Sites and Services, we may collect certain information, including Personal Data, about your use of the Sites and Services:
• Device Information: When you interact with our Sites and Services through hardware, we may automatically collect device information, such as the unique device ID number of your device, IP address, wireless connection information, operating system type and version, browser type and version, push notification identifier, and mobile network information.
• Usage Data: During your interaction with our Sites and Services, we may automatically collect usage data relating to visits, clicks, downloads, messages sent/received, and other usage of our Sites and Services.
The major purpose of collecting and using such data is to improve the products or services we provide to you, and to collect different volumes of data because of the different types functions of the products or services.
• Log Data: When you access or use our Sites and Services, any act you engage that may pose any risk to us will be recorded in form of log files. This may include without limitation, system logs, exception logs, or logs describing how your operations may pose risk to us. Logs may be uploaded to backend.
Please note that one cannot identify a specific individual by using device information or log information alone. However, if these types of non-personal information, combined with other information, may be used to identify a specific individual, such non-personal information will be treated as Personal Data. Unless we have obtained your consent or unless otherwise provided by data protection laws and regulations, we will aggregate and desensitize such non-personal information.
3. Information We Acquire from Third Parties
In some cases, and as permitted by law, we may obtain your Personal Data from a third party. For instance:
• You may authorize a third party to transmit data to us;
• We may obtain certain data from third-party partners, for instance, public information, including company name, company contact person, company email address, etc.;
• Data related to you provided by others, for example, when other users purchase products or services for you, they may provide us with your Personal Data, which may include your name, mailing address, and contact information.
Cookies and Similar Tracking Technologies
When you visit the Sites and Services, we and service providers on our behalf may send one or more “cookies,” which are small data files, to your devices to uniquely identify your browser and let us help you log in faster and enhance your navigation through the Sites. Cookies help us measure, for example, the total number of visitors to our Sites, the number of visitors to each page of our Sites, how our users use and interact with the Services, and the domain names of our visitors” Internet service providers. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. If you do not want cookies to be installed on your device, there is a simple procedure in most browsers that allows you to decline the use of cookies. Please be aware that some features of the Sites and Services will not function properly if the ability of your device to accept cookies is disabled.
We may also use web beacons to track usage patterns of users of the Services. Additionally, we may use HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting and make the Services better for you.
We honor do-not-track signals or similar technologies that our systems detect and identify. We do not track, plant cookies, or use advertising when such do-not-track (DNT) browser mechanism is in place on your device.
Purpose and Legal Basis for Processing Personal Data
Please kindly read and accept our Terms of Use before you use our products and services. Upon your acceptance, when you request us to provide such products and services, please note that we may process information about you for the following purposes:
To Provide Our Services to You. We process your account data, device information, User Data, log data, location information(such as IP address), and Smart Device data in order to provide Services that you have requested or purchased. For example, you can connect the App and Smart Devices and control Smart Devices through Apps, and securely store your pictures and videos when purchasing cloud storage services. The legal basis for this processing is to perform our contract with you according to our Terms of Use.
• To Operate and Improve Our Services. We process your device information, usage data, location information and Smart Device data to analyze trends and to track your usage of our Sites and Services as necessary to develop and improve our websites, and provide our users with more relevant and useful content. The legal basis for this processing is to perform our contract with you according to our Terms of Use.
• Account Management. We process your Personal Data to create and manage accounts when you register with us. The legal basis for this processing is to perform our contract with you according to our Terms of Use.
• Handle Contact and Support Request. We process your Personal Data to contact you to offer help based on diagnostic information about your Smart Devices, to fulfill your requests, respond to your inquiries and to provide support; Especially when you encounter usage problems when using Tuya products or services, please contact Tuya customer service team in time so that we can locate your problem more quickly and provide solutions. The legal basis for this processing is to perform our contract with you according to our Terms of Use.
• Marketing Communication. We process your Personal Data to inform you about Services that we believe may be of interest to you. If we do so, each communication we send you will contain instructions permitting you to opt-out of receiving future communications of that nature. The legal basis for this processing is your consent.
• Non-Marketing Communication: We process your Personal Data to send you important information regarding the Services, changes to our terms, conditions, and policies and/or other administrative information. Because this information may be important, you may not opt-out of receiving such communications. The legal basis for this processing is to perform our contract with you according to our Terms of Use.
• Research. We process your Personal Data for our internal business purposes, such as data analysis, audits, developing new products or services, enhancing and improving the Services and identifying usage trends. The legal basis for this processing is to perform our contract with you according to our Terms of Use.
• Legal Compliance. We disclose information if we are legally required to do so, or if we have a good faith belief that such use is reasonably necessary to:
• comply with a legal obligation, process or request;
• enforce our Terms of Use and other agreements, policies, and standards, including investigation of any potential violation thereof;
• protect the rights, property or safety of us, our users, a third party or the public as required or permitted by law; or
• detect, prevent or otherwise address security, fraud or technical issues.
If there is any change in the purposes for processing your Personal Data, we will inform such change to you via email and/or a prominent notice on our website of such changes of purposes, and choices you may have regarding your Personal Data.
Who do We Share Personal Data with?
At Tuya, we only share Personal Data in ways that we tell you about. Without your consent, we will not disclose your Personal Data to third-party companies, organizations, or individuals except in the following cases:
• Sharing subject to your express consent: upon your express consent, we may transfer your User Information to third parties. For instance, if you have indicated that you wish to receive accurate push notifications and diversified services that we provide, we may share your Personal Data with certain third parties.
• To our third-party service providers who perform certain business-related functions for us, including:
- cloud service providers who provide Tuya with fundamental structural plans regarding cloud services, including network, server and virtual services, website hosting, data analysis, payment and credit card processing, infrastructure provision, IT services, e-mail delivery services, and other similar services to enable them to provide services to us;
- customer service providers who provide Tuya with customer support services, including customer service system support and personnel service support;
- enterprise authentication service providers who helps us with verification of enterprise accounts, contract signing and authentication of enterprise status;
- when place an order on Tuyas websites, we may share your information with third parties to allow you to receive our products and/or services that you order.
• To our customers and other business partners who provide you, directly or indirectly, with your Smart Devices, and/or networks and systems through which you access and use our Sites and Services.
• To subsidiaries or affiliates within our corporate family for purpose of regular business activities based on our instructions and in compliance with applicable law, this Privacy Policy and other appropriate confidentiality and security measures.
• To an affiliate or other third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings). In such an event, you will be notified via email and/or a prominent notice on our website of any change in ownership, and choices you may have regarding your Personal Data.
• As we believe in good faith that access to, or use, preservation, or disclosure of the information is reasonably necessary or appropriate to:
(a) Comply with applicable law, regulation, legal process, or lawful governmental request;
(b) Enforce our Terms of Use and other agreements, policies, and standards, including investigation of any potential violation thereof
(c) Protect the rights, property or safety of us, our users, a third party or the public as required or permitted by law.
(d) Perform risk management, screening and checks for unlawful, fraudulent, deceptive or malicious activities.
Data Transfer
Tuya operates globally, and Personal Data may be transferred, stored and processed outside of the country or region where it was initially collected. Also, the applicable laws in the countries and regions where we operate may differ from the laws applicable to your country of residence. Under the Personal Data protection framework and in order to facilitate our operation, we may transfer, store and process your Personal Data in jurisdictions other than where you live.
We protect Personal Data in accordance with this Privacy Policy wherever it is processed and take appropriate contractual or other steps to protect it under applicable laws.
The European Commission has determined that certain countries outside of the EEA, the UK or Switzerland can provide adequate protection of Personal Data. Where Personal Data of users in the EEA, the UK or Switzerland is being transferred to a recipient located in a country outside the EEA, the UK or Switzerland which has not been recognized as having an adequate level of data protection, we ensure that the transfer is governed by the European Commissions standard contractual clauses. You can review the agreement on the basis of approved EU standard contractual clauses per GDPR Art. 46. For more information, see here.
If you would like further details on the safeguards we have in place under the data transfer, you can contact us directly as described in this Privacy Policy.
Security
We use commercially reasonable physical, administrative, and technical safeguards to preserve the integrity and security of your Personal Data. Tuya provides various security strategies to effectively ensure data security of user and device. As for device access, Tuya proprietary algorithms are employed to ensure data isolation, access authentication, applying for authorization. As for data communication, communication using security algorithms and transmission encryption protocols and commercial level information encryption transmission based on dynamic keys are supported. As for data processing, strict data filtering and validation and complete data audit are applied. As for data storage, all confidential information of users will be safely encrypted for storage. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you could immediately notify us of the problem by emailing privacy@tuya.com in accordance with the section below.
Data Subject Rights
We respect your rights and control over your Personal Data. You may exercise any of the following rights by:
a) Forward your privacy request through online communication by clicking here, or;
b) Emailing us at privacy@tuya.com.
You do not have to pay a fee for executing your personal rights. According to different data protection laws, your request of personal rights will be handled within 15 business days, or within 30 calendar days due to different response requirement.
In your request, please make clear what information you would like to have changed, whether you would like to have your Personal Data deleted from our database or otherwise let us know what limitations you would like to put on our use of your Personal Data. Please note that we may ask you to verify your identity before taking further action on your request, for security purposes.
You may:
• Request access to the Personal Data that we process about you;
• Request that we correct inaccurate or incomplete Personal Data about you;
• Request deletion of Personal Data about you;
• Request restrictions, temporarily or permanently, on our processing of some or all Personal Data about you;
• Request transfer of Personal Data to you or a third party where we process the data based on your consent or a contract with you, and where our processing is automated;
• Opt-out or object to our use of Personal Data about you where our use is based on your consent or our legitimate interests.
You may opt-out from receiving marketing-related emails through the email selection or other communications from us on a going-forward basis by emailing privacy@tuya.com. We will comply with your opt-out request as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related messages from us, we may still send you important administrative messages, and you cannot opt-out from receiving administrative messages. We partner with a third party to display advertising on our website or to manage our advertising on other sites. Our third-party partner may use cookies or similar technologies in order to provide you advertising based upon your browsing activities and interests. If you wish to opt out of interest-based advertising, please click here; or if you are located in the European Union, please click here. Please note you will continue to receive generic ads.
Your California Privacy Rights
California Civil Code Section 1798.83 permits users of the Software that are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please contact us in accordance with the “privacy@tuya.com” section below. We do not disclose Personal Data to third parties for their direct marketing purposes without your consent. Visit our Statement on California Privacy Notice page for more information.
Data Retention
We process your Personal Data for the minimum period necessary for the purposes set out in this Privacy Policy, unless there is a specific legal requirement for us to keep the data for a longer retention period. We determine the appropriate retention period based on the amount, nature, and sensitivity of your Personal Data, and after the retention period ends, we will destruct your Personal Data.
1- For as long as you require us to fulfill the products and services you request from us as defined in the Terms of Use;
2- Personal Data will no longer be retained when you request to remove your Personal Data, we will accordingly complete the task.
When we are unable to do so for technical reasons, we will ensure that appropriate measures are put in place to prevent any further such use of your Personal Data.
Childrens Privacy
Protecting the privacy of young children is especially important to us. The Services are not directed to individuals under the age of thirteen (13) (or such other age provided by applicable law in your country/region of residence), and we request that these individuals do not provide any Personal Data to us. We do not knowingly collect Personal Data from any child unless we first obtain permission from that childs parent or legal guardian. If we become aware that we have collected Personal Data from any child without permission from that childs parent or legal guardian, we will take steps to remove that information.
Changes to this Privacy Policy
We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes, we will notify you by email (send to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
Dispute Resolution
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Contact Us
If you have any questions about our practices or this Privacy Policy, please contact us as follows:
Tuya Global Inc.
Postal Mailing Address: 333 West San Carlos Street Suite 600 San Jose, CA 95110
Email to Tuya Privacy Office at: privacy@tuya.com.
For EEA or UK data subjects, you have the right to lodge a complaint with a supervisory authority concerning Tuyas data processing activities. For questions, or to exercise your rights as an EEA or UK data subject, please contact our EEA/UK Representative below:
Name: Rickert Rechtsanwaltsgesellschaft mbH
Email: art-27-rep-hangzhoutuya@rickert.law
Emailing Address: Colmantstraße 15, 53225 Bonn, Germany
You can contact our Data Protection Officer, Mr. Will Yu, by sending an email to will@tuya.com.
History Versions:
1.Legal and Privacy Statement
2.Tuya Privacy Policy 20190818
3.Tuya Privacy Policy 20200807
4. Tuya Privacy Policy 20220220
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Terms of Use
Last Updated: Nov. 4, 2021
Reminders
Welcome you to visit Tuya websites. Please read and accept these Terms of Use with Tuya before you use our products and services.
These Terms of Use, together with the Privacy Policy, Legal Statement (collectively, this “Agreement”), contain terms and conditions that govern your access to and use of Tuyas websites and services and is a binding agreement between the applicable Tuya Contracting Party specified in section 1.3 below (“Tuya,” “we,” “us,” or “our”) and you or the entity you represent (“you” or “your”).
You are supposed to read carefully and understand this Agreement before completing the registration procedure or using Tuya websites or services in any way. By accessing or using any of Tuyas platform, websites or services, you acknowledge and agree that you have read, understood, and agreed to be bound by this Agreement (defined below). If you do not accept this Agreement or any provision herein, you shall not proceed to the next step or shall stop the registration procedure.
[Prudent Reading] Tuya reminds you again to carefully read and fully understand each provision, especially the provisions related to responsibility restriction or exemption. Restrictive terms or exceptions will be bold or highlighted in other forms to catch your attention.
Your acceptance of this Agreement will be considered as the voluntary acceptance of all the terms, including any revision of this Agreement made by Tuya at any time. The terms of this Agreement may be changed by Tuya at any time, and the changed agreement, if published, will replace the original agreement without prior notice. You shall periodically check this Agreement on the website of Tuya for any modification. If you do not accept any changed provision, you should immediately stop using the services provided by Tuya. If you continue using such services, you will be deemed to have accepted the revised agreement.
If you are under 18 years old, you should read this Agreement under the guidance of statutory guardian.
I. Contract Subject and Scope of Agreement
1.1. This Agreement governs your use of Tuyas website and services (including browsing of information on web page, account registration and other services). Tuya websites include those with the domain names of www.tuya.com, global.tuya.com, iot.tuya.com, en.tuya.com, developer.tuya.com, and Tuya client applications (e.g., mobile App).
If you enter into this Agreement on behalf of an entity, you represent and warrant that you have the power and authority to do so and to bind the entity to the terms and conditions of this Agreement.
1.2. If you intend to use or purchase a specific service on the Tuya website, you may also be asked to confirm relevant provisions for such specific service. You shall carefully read and fully understand the relevant provisions and choose to accept or not to accept such provisions.
1.3 The Tuya Contracting Party that you are contracting with in connection with your purchase or subscription of any Tuya service is:
• a) Hangzhou Tuya Information Technology Co., Ltd., if you are a resident in or have indicated, at the time of registration of your account, that your country or region of residence is any jurisdiction in China Mainland or any other country or region other than the United States of America, Europe, or India;
• b) Tuya Global Inc. if you are a resident in or have indicated that, at the time of your account registration, your country or region of residence is in the United States of America;
• c) Tuya GmbH, if you are a resident in or have indicated that, at the time of your account registration, your country or region of residence is the United Kingdom, Switzerland, any member state within the European Economic Area, or any other jurisdiction in Europe but outside the European Economic Area;
• d) Tuyasmart (India) Private Limited, if you are a resident in or have indicated that, at the time of your account registration, your country or region of residence is India.
II. Registration, Use and Security of Account
2.1. Qualification
2.1.1. You acknowledge that, when you complete the registration procedure or use the website services in other ways permitted by Tuya, you shall be a natural person, a legal person or other organization with full capacity for civil right and civil conduct specified by the laws of your country or region of residence (hereinafter referred to as “you”).
2.1.2. If you are a person without capacity of civil conduct or a person with limited capacity for civil conduct, you do not have the above qualifications, and you and your guardian shall be responsible for all the consequences resulting from your improper registration behavior in accordance with the provisions of laws.
2.1.3. You shall ensure that you are not subject to the trade restrictions, sanctions or other restrictions of laws and rules imposed by any country, international organization or region, otherwise you may be unable to register or use the services of Tuya.
2.2. Account Registration
2.2.1. Upon filling in the information according to the prompt on registration page, reading and accepting this Agreement, and completing the whole registration procedure, you may obtain a Tuya account and become a user of Tuya.
2.2.2. Account name set or confirmed by you during the registration (hereinafter referred to as “account name”) and your password will constitute your account after the successful registration (account name and password are together referred to as “account”).
2.2.3. Your account name shall not violate the national laws and regulations as well as the management practices of Tuya or shall not easily lead to the confusion between identity of you and Tuya, otherwise your account may not be successfully registered or Tuya has the right to close your account with prior notice.
2.2.4. You shall accurately provide and timely update your account information according to the laws and regulations or the prompt on relevant page, to make the account information real, timely, complete and accurate. If your information is incorrect, false, outdated or incomplete, Tuya may send you a notice of inquiry and/or correction request, and you shall provide or update relevant information according to the requirements of Tuya. If your information is false, outdated, incomplete or inaccurate, you shall be responsible for the consequences and losses resulting from your failure to use the Tuya account (the account cannot be registered, the account is frozen or closed, or the recertification fails until we terminate or suspend your access to part or all of the Services) or those resulting from the use of account.
2.2.5. For provisioning of certain products or services, Tuya may ask you to provide further identify information for further identity authentication or qualification, and you may use such products or services only after your account passes the authentication or qualification.
2.2.6. In general, your account is the unique identification for all the activities on the Tuya website. Unless otherwise agreed, each Tuya account may be used to carry out independent activities on the website. In the following cases, Tuya, however, has right to carry out unified treatment on multiple Tuya accounts owned by one legal subject and/or associated legal subject at its discretion. For example, according to the associated information provided during registration, login and use of different accounts, Tuya may determine that these accounts are owned by the same user. Examples of associated information: The same identity number, phone number, payment ID, equipment, address, etc.
2.2.7. You shall be fully responsible for the authenticity, legality and validity of your registration information; you may not pretend to be others or publish any information in others name; and you may not maliciously use the registered account leading to the misrecognition by other users, otherwise Tuya has the right to immediately suspend the provision of services and you shall bear all the resulting legal responsibilities alone.
You must use the website as well as the products, programs and services of Tuya in a legal manner, and must be responsible for all the actions that take place under your own account, including any content that you publish and any resulting consequence. You shall use the contents at your discretion and shall assume all the risks resulting from the use of such contents, including the risks resulting from dependence on the accuracy, integrity or practicability of such contents. Tuya cannot and will not undertake any responsibility for any loss or damage resulting from the users behavior.
2.3. Use and Security of Account
2.3.1. You have the right to use your account to enter the website of Tuya and use other services provided by Tuya.
2.3.2. Tuya may inform you of the service progress and remind you to proceed to the next step by email, website message, short message, telephone or other means. In the process of service, you shall timely login your Tuya account to check and complete the trading operations.
2.3.3. One Tuya account may only apply to the unique legal subject. Unless expressly stipulated in laws, judged by judicial department or agreed by Tuya, your Tuya account may not be transferred to, granted to or inherited by others in any way.
2.3.4. Your account name and password shall be set and kept by yourself, and you shall keep your account name and password confidential. You shall correctly exit from the website at the end of each on-line period. Given that there is any damage or negative effects due to disclosure of account information by yourself, or any attack, fraud or other actions, Tuyawill not take the responsibilities and you shall claim compensations for infringement acts through judicial, administrative and other relief approaches.
2.3.5. You shall be responsible for all behavioral outcomes (including, but not limited to, online signing of various types of agreements, posting of information, purchase of products and services, development, disclosure of information, etc.) under your account.
2.3.6. If others are found to use your Tuya account and password without the authorization, you shall immediately inform Tuya; Tuya will assist you to freeze your account, change the password or complete other security settings; and you understand that Tuya will need a reasonable time to take the action for your request, and Tuya is not responsible for any consequence existing before Tuya takes the action or any consequence attributed to you (including but not limited to your any loss).
2.3.7. Tuya will also take reasonable technical measures at the server side of website to guarantee the security of account.
III. Freezing, Cancellation and Appeal of Account
3.1. Freezing of Account
Your Tuya account (including all or partial authorities or functions) may be frozen (e.g. the Tuya account may be restricted in the transfer-out of funds), and Tuya will inform you by email, website message, short message, telephone or other means if:
3.1.1. Based on the demands for operation of Tuya website or services and for transaction security, you have damaged or may damage or attempt to damage the fair transaction environment or regular transaction order of Tuya or its Affiliate; or any use of your account includes the name or brand of Tuya or its Affiliate and is suspected to mislead others; or any specific Chinese and English characters (in full or short), figures or domain names are used to indicate or reflect a relationship with Tuya or its Affiliate;
3.1.2. You violate this Agreement, relevant rules and practices of Tuya website (such as transaction rules and management practices), service instructions or other service agreements/provisions;
3.1.3. You violate the national laws, regulations, policies and legal instruments;
3.1.4. You are subject to the complaint from other person for which this person has provided relevant evidence, but you fail to provide the evidence to the contrary according to our requirements;
3.1.5. Any exception of your account in operation, income or exchange is identified by Tuya through reasonable analysis;
3.1.6. Freezing is required by the national competent authority;
3.1.7. Tuya reasonably determines that your other behaviors have the same nature as the above behaviors or have the similar risks to the above behaviors.
3.2. Cancellation of Account
3.2.1. If any circumstance as mentioned in Clause 3.1 occurs and such circumstance is serious, or based on the requirements of national competent authority, your Tuya account (including all or partial authorities or functions) will be canceled, and Tuya will inform you by email, website message, short message, telephone or other means.
3.2.2. You understand and agree that if you have not entered the website of Tuya with your account for 12 consecutive months and all the services under your account are expired, Tuya has the right to cancel your account, and in this case, you are unable to enter the website.
3.3. Appeal
In case of freezing or cancellation of account as mentioned above, you shall pay attention to such freezing or cancellation in time, and carry out subsequent operations such as appeal according to the procedure:
3.3.1. If you apply to Tuya for release of the above freezing or cancellation through the appeal procedure, for the security of your account, you shall provide accurate identity certificates and relevant data as well as other information or documents as required by Tuya for review. You shall fully understand that your appeal may not be certainly allowed, and Tuya has the right to decide whether to accept your appeal.
3.3.2. You understand and agree that if you refuse to provide accurate identity certificates and relevant data, or your appeal fails to pass the review of Tuya, Tuya has the right to freeze such account and restrict partial or all the functions of such account for a long time.
IV. Website Services and Practices
4.1 You are entitled to the Internet technology services and information services provided by Tuya through the website. You shall also take the responsibility of timely payment and service management according to this Agreement and relevant provisions confirmed when purchasing the specific services.
4.2. During the use of Tuyas services, you shall ensure that:
4.2.1. You will use the services of Tuya according to the national and local laws and regulations, industry practices and social public morality, and will not store, publish or spread the following information and contents through the use of such services:
Any content (information) in violation of national laws, regulations and policies;
Political propaganda and/or news information in violation of national regulations;
Information related to state secret and/or security;
Information propagating feudalistic superstition and/or obscenity, pornography or indecency or information abetting the crime;
Information of lottery and gambling games, or information in violation of national ethnic and religious policies;
Information impairing the operation security of Internet;
Information infringing others legitimate rights and interests and/or other information or content impairing the social order, social security or public morality;
In addition, you shall promise not to offer any convenience for others publication of the above information and content in violation of national regulations and/or such information and content as agreed in this Agreement, including but not limited to setting of URL or BANNER link.
4.2.2. Any behavior breaking or attempting to break the network security will not occur, including use of technical or other measures to destroy or disturb the website of Tuya or other users;
4.2.3. You will use the services of Tuya website according to this Agreement;
If you violate the above guarantees, Tuya has the right to delete information, or suspend or terminate the service according to this Agreement, and also has the right to freeze or cancel partial or all the functions of your account.
4.3 For some of the services involved in this website, it is necessary for you to sign separate agreements with Tuya, and you must fulfill all your obligations strictly in accordance with the signed agreements, otherwise you will no longer be able to enjoy the services and products provided by Tuya.
4.4 Order / Request
4.4.1 When placing an order / submitting a request, you shall carefully confirm the information of products/services to be purchased, such as description, price, quantity, model, specification, size, contact address, phone and consignee. If you are not the consignee, the consignees behavior and intention will be deemed as your behavior and intention, and you shall undertake all legal liabilities for the consignees behavior and intention.
4.4.2 You understand and agree that: the prices and other sales information of products and services displayed on the Tuya websites are only an invitation for offer. When placing an order, you must fill in the quantity of the products and services you wish to purchase, price, payment method, consignee, contact information, shipping address and other information. The order generated by the system is only the contract offer you send to Tuya. A contractual relationship for the product can only be deemed to be established between Tuya and you when the product in your order is actually delivered directly to you. Due to the individuation, differentiation, and other particularity of the software, technology, and other services, if the services cannot be implemented or cannot be provided for special reasons when you are submitting work order/ order to Tuya for purchasing software and technical services, Tuya can notify you to cancel the order (you may cancel the order).
4.4.3 You promise to comply with the export control laws and regulations of the United Nations, China, the United States of American and other countries applicable to this agreement. You promise not to use the products or services provided by Tuya for purposes prohibited by applicable export control laws and regulations. Without the permission of the relevant competent authority, you and other individuals or entities authorized by you to use Tuya products or services will not provide controlled technology, software or services to entities or individuals prohibited by applicable export control laws and regulations through Tuya products or services. If you are working on behalf of a restricted entities regulated by the above-mentioned government that refuses or restricts to trade, you cannot or shall stop using Tuya's services and products by yourself.
4.4.4 If Tuya has reason to believe that any of your behaviors violate applicable export control laws and regulations, Tuya may notify you of such situations at its sole discretion, and may take any appropriate and necessary actions against you based on the situation, including but not limited to requesting you to delete any Illegal content, disable or suspend your right to use Tuyas products, restrict your access to the You promise and guarantee that all actions on the Tuya website comply with the country and applicable relevant laws and regulations as well as the policies and rules of the Tuya website.
4.4.5 You promise that the End Use of Tuya's products or services is Civil End Use, and that the above-mentioned products or services will not be directly or indirectly used for nuclear, chemical and biological weapons, missiles, weapons of mass destruction, terrorism and other military End Use.
4.4.6 You promise and ensure that all behaviors on the Tuya website comply with the applicable laws and regulations as well as the policies and rules of the Tuya website. At the same time, your use of Tuya website for development is your independent behaviors, and you should take full responsibility to your own development behavior and development results (Including but not limited to the safety of the development results), Tuya does not assume any responsibility for this. If Tuya suffers losses or damages result from your behaviors, you shall compensate fully to Tuya according to law. If Tuya finds you any improper, illegal, criminal behavior or behavioral tendency or suspicion, Tuya is entitled t to immediately stop the service and conduct an investigation to you.
V. Privacy and Personal Information Protection
Your trust is very important to Tuya, and Tuya understands the importance of user information security. Tuya will take security protection measures in accordance with laws and regulations to protect your information. Refer to Tuya Privacy Policy for details. You promise that you have established a data and privacy security compliance system, comply with applicable national and regional data privacy laws and regulations, and take full responsibility for any violations of applicable data privacy laws and regulations. You agree that Tuya will properly use the processed user data and statistical data in accordance with this agreement to improve and provide better platform services.
VI. Intellectual Property
6.1. We respect the intellectual property, and will not use, modify, duplicate, disclose, alter, spread, issue or publish your achievements of intellectual property without your consent.
6.2. If any organization or individual considers that any content on the Tuya website (such as reprinted articles and product information published by the service provider) may infringe any of its legitimate rights and interests, such organization or individual may send a written right notice to Tuya at service@tuya.com, and Tuya will address such issue as soon as possible after receiving the qualified notice from the holder of intellectual property rights.
6.3. Unless otherwise stated, Tuya and its Affiliate own the intellectual property right for the logo of Tuya website, “涂鸦”, “涂鸦智能”, “tuya”, “Tuya”, “Tuya Smart”, and other texts, graphics and their combinations, as well as other identification, symbols, names of Tuya services and technical files on the Tuya website.
6.4. You shall respect the intellectual property rights and other legitimate rights/interests of Tuya and third parties, and ensure to indemnify Tuya and its employees, investors and partners from any impact or loss due to illegal events infringing the above rights and interests. Tuya reserves the right to terminate the services and refuse to refund if you infringe the legitimate rights/interests of Tuya and/or third parties. You understand that the provision of products and services by Tuya does not mean the transfer of any Tuya intellectual property rights.
For further information, please refer to the legal statement in Legal Statement.
VII. Confidentiality
Tuya promises to keep the information which is provided or informed during your registration of account or use of Tuya services confidential, and will not disclose your information to any third party, unless:
7.1. The information may be provided according to this Agreement or other service agreements, contracts or on-line terms signed between you and Tuya;
7.2. The information shall be provided according to the laws and regulations or the requirements of administrative, judicial or other competent authorities;
7.3. Such confidential information has been disclosed to the public or can be obtained from the public domain without prejudice to the liability agreed hereunder.
VIII. Scope and Limitation of liability
8.1. You understand and agree that you shall undertake the claims of any third party resulting from your use of services, violation of this Agreement or any action which takes place under your account. If any third party makes a claim with Tuya or its Affiliate, employees, customers or partners for this reason, you shall undertake and indemnify Tuya and its Affiliate for all the losses and liabilities incurred therefrom.
8.2. To the extent permitted by applicable laws, Tuya bears no liability for any indirect, punitive, special or derived loss associated with or arising from this Agreement.
8.3. Tuya hereby reminds that during the use of Tuya services, you shall abide by the laws of the People's Republic of China, shall not endanger the security of the Internet, and shall not use Tuya services to engage in activities that infringe others reputation, privacy, intellectual property or other legitimate rights and interests. Tuya assumes no responsibility for your illegal act or default during the use of Tuya services.
8.4. If the users of Tuya intend to upload, provide or publish relevant information (including but not limited to username, company name, contact person and information, related pictures and news) on the forum, community and service market of Tuya website, the users shall provide such information by themselves, and shall be fully responsible for the information they provide according to the law.
8.5. If you obtain any product or service from third party through the use of Tuya website (e.g. the service provider in the Tuya service market provides you services through the Tuya platform), the service provider will be responsible for the services provided for you, and Tuya assume no responsibility for such third-party services.
8.6. In some cases, Tuya may present its reference code or software so that you can use the services of Tuya in more convenient manner. If the software is the open-source software of third party, you shall follow relevant instructions for such software. According to the instructions on relevant page, you may be allowed for relevant operations such as downloading and secondary development of software. You shall understand and promise that the intellectual property of such code is owned by Tuya, and you shall clearly indicate the holder of intellectual property during the use of code. In addition, Tuya assumes no responsibility for your use of such code and software as well as any job or consequence resulting therefrom.
IX.. Liabilities for Breach of Contract
9.1. If one of the following situations occurs, you are deemed to be in breach of contract:
(1) You are violating relevant laws and regulations when using Tuya platform services;
(2) You are violating this agreement or the supplemental agreement of this agreement.
9.2. If there is a loss to Tuya and/or related companies (including, but not limited to direct economic loss of their own, loss of goodwill and compensation paid to a third party, reconciliation payment, lawyer fees, and litigation fees, and other indirect losses) due to your behavior, you shall indemnify Tuya and/or the related company from all the above losses.
X. Force Majeure and Accident
If the website of Tuya may not normally operate due to the following force majeure events or accidents, Tuya is not liable for damages:
10.1. Force majeure factors such as natural disaster, strike, riot, war, act of government, judicial and administrative order;
10.2. Due to the special nature of the Internet, the force majeure under this agreement shall also include but is not limited to the following situations that affect the normal operation of the Internet: such as hacker attacks; virus attacks; network failures, bandwidth, domain name resolution failures; power supply failures, communication network failures or technology Providers service delays, service barriers and other third-party factors; and any other events similar to the foregoing or that may have similar consequences.
10.3. Short-time system maintenance of Tuya with prior announcement or notice.
XI. Applicable Laws and Jurisdiction
The validity, interpretation, modification, execution and dispute settlement of this Agreement are subject to laws of the People's Republic of China. Any dispute arising from this Agreement shall be settled by both parties through friendly negotiation. If such negotiation fails, the parties may file lawsuits to the peoples court at the place where this agreement is signed. The Agreement is signed in Xihu District, Hangzhou City, Zhejiang Province, People's Republic of China.
11.1 If you are concluding this Agreement with Hangzhou Tuya Information Technology Co., Ltd., you agree that the establishment, jurisdiction, and interpretation of this Agreement shall be governed by the laws of the People's Republic of China. You agree that this Agreement is signed in Xihu District, Hangzhou City, Zhejiang Province, P.R. China. Any and all disputes, compensation claims, and causes of action arising out of or in relation to performing this Agreement or receiving Tuya Services under this Agreement shall be resolved in the court with jurisdiction over the place where this Agreement is signed.
11.2 If you are concluding this Agreement with the other Tuya Contracting Parties., you agree that the establishment, jurisdiction, and interpretation of this Agreement shall be governed by the laws of Hong Kong (China), you agree that any and all disputes, compensation claims, and causes of action arising out of or in relation to performing of this Agreement or receiving Tuya Services under this Agreement shall be submitted to the courts in Hong Kong (China) for litigation in the English language, without applying the United Nations Convention on contracts for the International Sale of Goods.
XII. Service of Notice
12.1. You understand and agree that: Tuya may send you notices in one or more of notification ways such as web bulletin, e-mail, website message, text message, telephone call, system message, and instant message, and Tuya can count on the completeness, accuracy, and current validity of your contact information; the above notices are deemed to have been delivered upon successful delivery.
12.2. Unless a notification way is otherwise agreed in the Terms of Service or specified in the agreement signed between Tuya and you, the notice you send to Tuya shall be serviced based on the communications address, fax number, e-mail address and other contact information officially published by Tuya.
XIII. Update and Termination of Terms
13.1. Tuya has the right to modify this Agreement and relevant service rules. If you continue to use the services after the modification of this Agreement, you will be deemed to have fully read, understood and accepted the contents as revised, and will also abide by such revised terms.
13.2. If your account is canceled, or your website services are terminated by mutual agreement, this Agreement will be terminated.
XIV. Miscellaneous
14.1. The Service Terms consist of the contents hereof, rules and practices presented on relevant website page, service instructions (including operation files) and other terms/conditions confirmed by you. Both Tuya and you shall be subject to this Agreement, and relevant nouns herein may be subject to cross reference and interpretation.
14.2. The section headings herein are set only for convenience, and do not have the force of law or contract.
14.3. If any provision herein is deemed as abolished, invalid or unenforceable, such provision shall be considered as severable, and shall not affect the validity and enforceability of this Agreement and other provisions.
14.4. Tuya has the right to transfer all or part of its rights and obligations for service to its Affiliate by announcement at its official website (www.tuya.com), website notice or email.
14.5. Unless otherwise agreed, for provision of professional services, Tuya may also commission its Affiliate or other legal subject to provide you one or more specific services on the Tuya website. In this case, you may conclude relevant terms or conditions with the above company, and you shall carefully read and understand such terms and conditions before choosing to accept them or not.
14.6. Terms hereunder for confidentiality, intellectual property, applicable laws and jurisdiction and other terms supposed to survive in nature (e.g. guarantee on authenticity of registration information) shall not be invalid due to the termination of this Agreement.
XV. How to Contact Us
You have any questions and comments about this Agreement, or you have any questions or comments about the practice and operation of Tuya, you can contact us through request, or customer service telephone (1-844-672-5646).
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