FydeOS

FydeOS End-User License Agreement

Last update: 9th Sep 2021

User Notice

Before using FydeOS, please be sure to read this agreement carefully, especially the terms of exemption or limitation of liability, terms of jurisdiction and applicable law, and terms of opening or using a service provided by a third party. Once all or any part of FydeOS is copied, installed or used, it means that you accept all the terms and conditions stipulated in this agreement. You can directly enter into another written agreement with Fyde Innovations (Beijing) Co., Ltd. (hereinafter referred to as “Fyde Innovations”) to supplement or replace all or any part of this agreement. FydeOS is only available for license in compliance with the terms of this agreement, and cannot be sold. Fyde Innovations will update this agreement from time to time, and the updated content will become an integral part of this agreement once it is officially released. If you continue to use FydeOS and Fyde Innovations’ services after the updated content is released, you agree to the new terms; if you do not agree to the new terms, you should delete FydeOS and stop using Fyde Innovations’ services, close your FydeOS account, if You are a parent or guardian, please help your minor child or ward close his or her FydeOS account. If you are under the age of 18, please read this agreement and other above-mentioned agreements accompanied by a legal guardian, and pay special attention to the terms of use for minors.

1. Software License Statement

1.1. Licensing

We only provide you with a license to use FydeOS, not to sell you the ownership of FydeOS; after you agree to all the terms, we will grant you the right to use FydeOS in a specific device through a license. After the license period expires or terminates, you may not be able to use FydeOS until the license is renewed.

1.2. License type

  • FydeOS basic: During the license period, Fyde Innovations grants you a non-exclusive and non-transferable license for free, so that you can install and use FydeOS only at a personal and evaluation capacity on one or more supporting devices that you own or control. FydeOS basic contains the core functions of FydeOS.
  • FydeOS for You: Each device with FydeOS for You installed will obtain a 90-day trial license from the first activation of the network activation. Before or after the trial license expires, you can purchase the license of FydeOS for You online. In addition to granting you a non-exclusive and non-transferable basic version license for free, Fyde Innovations grants you a non-exclusive and non-transferable license of FydeOS for You as an extension of the functionality of the FydeOS basic version (please refer to the FydeOS website for most up-to-date details). You can only install and use FydeOS for You at a personal and evaluation capacity on specific devices according to the number of licenses purchased during the license period. You need to connect to the Internet to activate, update and verify the license. If FydeOS fails to verify regularly, you may not be able to continue using it without further notice; you agree that Fyde Innovations may change the type of software included in FydeOS for You at any time (such as related components, versions, platforms, languages, adding or deleting some plug-ins, etc.), and do not assume any responsibility to you for such changes. You can change the installation and use of FydeOS for You equipment in a way approved by Fyde Innovations.
  • FydeOS Enterprise: You can purchase FydeOS Enterprise Edition through offline negotiation with Fyde Innovations. In addition to granting you a non-exclusive and non-transferable basic version license for free, Fyde Innovations grants you a non-exclusive and non-transferable FydeOS Enterprise license as an extension of the functionality of the FydeOS basic version (check the official website for details). You can only install and use the Enterprise on specific devices according to the number of licenses purchased during the license period. You need to connect to the Internet to activate, update and verify the license. If FydeOS cannot verify regularly, you may not be able to continue to use it without notice; you agree that FydeOS can change the type of software included in the enterprise version at any time (such as related components, versions, platforms, languages, adding or deleting some plug-ins, etc.), and do not assume any responsibility to you for such changes.

2. Acquisition, Installation, Update and Deletion of FydeOS

  • You can obtain FydeOS directly from the official website or from a third party authorised by Fyde Innovations. If you obtain FydeOS or an installation program with the same name as FydeOS from a third party that is not authorised by Fyde Innovations, Fyde Innovations cannot guarantee its normal use, and will not be responsible for the losses caused to you.
  • Fyde Innovations has developed different versions for different supported devices. You should choose or purchase the appropriate version according to the actual situation of your device.
  • After downloading FydeOS, you need to install it correctly according to the steps indicated on the official website. Fyde Innovations will not be held responsible for the losses caused by improper operation or your failure to follow the prompt steps during the installation process.
  • In order to improve the user experience and enhance the functions and performance of FydeOS, FydeOS will continue to work hard to develop new functions and provide you with system updates from time to time.
  • FydeOS may automatically detect and remind you to install updates. By using FydeOS, you agree that Fyde Innovations has the right to update FydeOS, or change or restrict some functions.
  • After the new version of FydeOS is released, the old version may not be available. FydeOS does not guarantee that the old version will continue to be available and serve you accordingly. Please check and download the latest version at any time.
  • If you no longer need to use FydeOS, you can delete FydeOS by yourself. The license of FydeOS for You or FydeOS Enterprise Edition that you have obtained that is still within the validity period will not be suspended or terminated due to the deletion of FydeOS. The fee you paid for the license purchase will not be refunded due to the deletion of FydeOS.

3. FydeOS Account

  • FydeOS and related products (such as the FydeOS community) need to register a bound account before they can be used normally.
  • You must register and open a FydeOS account with your real identity, and ensure that the information provided is true, complete, and effective and that Fyde Innovations can get in touch with you through the contact information you fill in. After registering a FydeOS account, if the information provided is changed, it should be updated in time. Fyde Innovations does not assume any responsibility for the loss caused by the failure to change the information in time.
  • The information you provide is applicable to the communication between the parties, the service of written documents and the service of legal documents for dispute resolution. If the contact information and contact information provided by you are wrong and cannot be delivered directly, it shall be deemed to be delivered on the 7th day after delivery.
  • You are responsible for your account. Only you can use your FydeOS account. The account is non-transferable, non-gift, and non-inheritable.
  • You should keep your account and password properly and use it correctly and safely, and take full responsibility for all operations performed with the account and password. If you find that someone else has fraudulently used or misappropriated your account and password, or any other unauthorised use, you should immediately notify Fyde Innovations in an effective manner and request Fyde Innovations to suspend related services. At the same time, Fyde Innovations shall respond to your request in a timely manner. You should understand that before that, Fyde Innovations will not be responsible for the instructions that have been executed in your account and the losses caused by it. If you fail to fulfil the above-mentioned custody obligations and cause damage to your rights due to the loss of account passwords, account stolen, etc., you shall bear all the losses arising therefrom. Fyde Innovations shall actively adopt reasonable measures such as technology and management to ensure the safety and effectiveness of user accounts.

4. Data Protection

  • Fyde Innovations is committed to protecting your information security and taking reasonable precautions for this. Except for the circumstances stipulated by laws and regulations and your permission, Fyde Innovations will not disclose or disclose your personal information to third parties.
  • In the process of installing and using FydeOS, FydeOS will send FydeOS and its supporting equipment information to Fyde Innovations, which includes FydeOS version, language, IP address of supporting equipment, and hardware configuration information. Fyde Innovations will usually use this information to confirm that you are using the latest version of FydeOS and allow you to download and install the updated version applicable to the supported device. It will not be used as personal information to identify you; Fyde Innovations will use this information to ensure that the interaction between the supporting device and the Fyde Innovations service is supported, you can restrict the interaction technology through the settings in FydeOS or under certain circumstances.
  • In order to ensure the use of industry-standard content-encryption technology to protect the transmission of information between your supporting device and Fyde Innovations, Fyde Innovations may use digital certificates. To protect the security of the above transmission, you cannot disable the digital certificate. By using FydeOS, you hereby agree to share this information and this interactive technology.
  • You may need to fill in some necessary information when you use FydeOS or use the Fyde Innovations service. If there are special regulations in national laws, regulations or policies, you need to fill in the true identity information. If the information you fill in is incomplete, you will not be able to use the services of FydeOS or Fyde Innovations, or you will be restricted in the process of using them.
  • In order to create and support your account, provide you with convenient and personalised services and activities, and improve the functions and usability of FydeOS, Fyde Innovations has the right to collect certain necessary information from you and use and process it within the scope of the above-mentioned purposes.
  • To the extent permitted by the law, Fyde Innovations may collect, use, and process non-identifying data to improve FydeOS or Fyde Innovations’ services and better meet your needs.
  • You are responsible for your data security and backup. You understand and agree that FydeOS cannot provide services such as recovering lost data.
  • You understand and agree that the development of FydeOS is a continuous development process, and you and other users benefit from it. In order to promote the continuous development of FydeOS, you can provide Fyde Innovations with suggestions, documents, materials or other data on the use, improvement or application of FydeOS (referred to as “contributions”). You fully understand and agree that Fyde Innovations may use contributions to FydeOS and/or related products or services. Unless Fyde Innovations and you sign a written document for any contribution or otherwise agreed in this agreement, you grant Fyde Innovations an irrevocable, permanent, non-exclusive, worldwide, free license for development, demonstration, Disclosure, use and incorporation when displaying, licensing, modifying, copying, distributing and selling FydeOS and/or related products and services. At the same time, please make sure that your feedback does not contain confidential and copyright information of you or a third party.
  • You can read the “Privacy Statement” published on the Fyde Innovations’ website to learn more about how Fyde Innovations will collect, use, store and protect your personal information and what rights you have. This “Privacy Statement” may be updated from time to time. After the above-mentioned update is released, continuing to use FydeOS or Fyde Innovations’ services means that you agree to the new terms.
  • If you are under the age of 18, you must obtain the written consent of your legal guardian before using FydeOS.

5. Terms of Use

  • Unless permitted by law, otherwise stipulated in this agreement or with the written permission of Fyde Innovations, you may not engage in the following behaviours:
    • Renting, lending, sublicensing, selling, copying or modifying FydeOS, or creating derivative works based on FydeOS, or urging or allowing others to do the above;
    • Modify or delete FydeOS and its copies or any third-party software about FydeOS or third-party copyright notices, trademarks or other intellectual property notices;
    • In any form or for any purpose, directly or indirectly reverse-engineer, reverse-assemble, reverse-compile, convert to other programming languages ​​or otherwise try to discover the source code of FydeOS, or to the source code under this agreement. Any software or firmware obtained to perform any similar operations;
    • Copy, modify, add, delete, and connect the data released into the memory of any terminal during the operation of FydeOS or FydeOS, the interaction data between the client and the server during the operation of the software, and the system data necessary for the operation of FydeOS. Run or create any derivative works, including but not limited to using plug-ins, plug-ins or third-party tools/services not authorised by FydeOS to access FydeOS and related systems;
    • By modifying or forging the instructions and data in the operation of FydeOS, adding, deleting, changing the functions or operating effects of FydeOS, or operating or disseminating the software and methods used for the above-mentioned purposes to the public, regardless of whether these acts are Business purpose
    • Login or use FydeOS and FydeOS services through third-party software, plug-ins, plug-ins, and systems that are not developed or authorised by FydeOS, or make, publish, or disseminate the above tools;
    • Interfere with FydeOS and its components, modules, data, etc. by yourself, authorise others or use third-party software;
    • Any behaviour that endangers FydeOS or uses FydeOS to endanger computer network security;
    • Use FydeOS in a way that intends to circumvent FydeOS’s terms of service, violates corresponding laws and regulations, or exceeds the scope of normal use;
    • Send, induce or incite others to send large amounts of information to others through FydeOS or FydeOS services;
    • Other behaviours that are not expressly authorised or permitted by FydeOS or violate this agreement.
  • When using FydeOS and/or FydeOS services, you must not engage in the following actions or provide assistance for the following actions:
    • Upload, store, publish, transmit, disseminate or use content that violates national laws, endangers national security and unity, social stability, public order and good customs, social ethics, as well as insults, slander, obscenity, and violence;
    • Upload, store, publish, transmit, disseminate or use content that infringes on the legal rights of others’ reputation rights, portrait rights, intellectual property rights, trade secrets, etc.;
    • Upload, store, publish, transmit, disseminate or use content that involves the privacy, personal information or data of others;
    • Publish, transmit, and disseminate harassment, advertising information and spam;
    • Fictional facts and concealing the truth to mislead or deceive others;
    • Publish, transmit, and disseminate advertising information and spam; or
    • Engaging in other behaviours that violate laws, regulations, policies, public order and good customs, and social ethics.
  • When you use FydeOS, you do not infringe on the legal rights of any third party, and do not use FydeOS to upload, store, publish, transmit, transmit, or use information that contains the following:
    • Infringe other legal rights such as reputation rights, portrait rights, intellectual property rights, and trade secrets;
    • Infringe on the privacy, personal information, or personal data of others; or
    • Other infringements on the legitimate rights and interests of other users or third parties.
  • You should properly keep the information and passwords for logging in and using FydeOS and services, do not disclose to others, and take full responsibility for the losses incurred by you if you fail to properly keep your account information and passwords.

6. User Responsibility

  • You fully understand and agree that you must be responsible for all your actions in using FydeOS and Fyde Innovations’ services, including any content you store, publish, transmit, and disseminate using FydeOS or Fyde Innovations’ services, and any consequences arising therefrom.
  • If Fyde Innovations discovers or receives reports from others that you have violated this agreement or relevant laws and regulations, we will take measures including but not limited to terminating authorisation, stopping technical support, transferring clues to relevant departments, and investigating legal responsibilities. You agree and confirm that this is a necessary measure taken by Fyde Innovations to maintain a healthy and good network environment. If Fyde Innovations takes measures in accordance with the aforementioned agreement and has an impact or any loss on you, you agree not to pursue Fyde Innovations. Any responsibility or not to claim any rights to Fyde Innovations.
  • You will be liable for all damages suffered by any third party as a result of your violation of the above clauses. At the same time, if Fyde Innovations suffers losses due to your violation, you should also compensate Fyde Innovations for related losses.

7. Third-party Software and Technology

  • FydeOS may use third-party software or technologies (such as open-source technical frameworks, third-party application stores, public plug-ins, etc.), and such use has been legally authorised.
  • FydeOS provides you with third-party application purchase and download services. Third-party applications are provided by third-party developers and may ask you for permission when using them. Before you purchase, download and use an application provided by a third party, it is recommended that you learn more about the permissions that the application may obtain and the third party’s privacy statement and policy.
  • When you agree to use a third-party application, you will enter into a contract with the application developer (hereinafter referred to as the “third-party agreement”). Fyde Innovations is not a party to the third-party agreement entered into between you and the third-party application provider, so we recommend that you read the third-party agreement and the third-party privacy policy carefully. Fyde Innovations has no right and no obligation to control or review the content of products or services provided by third-party application providers. Fyde Innovations does not assume any responsibility for the infringement of your rights when you use such third-party products and services. Fyde Innovations is not responsible for the safety, accuracy, stability or other uncertain risks of any third-party products or services, nor does it make any form of any content, advertisements, products, services or other information provided by third parties on FydeOS Endorsement. If you do not comply with the third party agreement and/or the third party privacy policy, the third party may take legal action against you.
  • Any disputes caused by the purchase, download and use of third-party applications and services through FydeOS shall be resolved by third-party service providers. For example, disputes and damages caused by the interruption, suspension, data leakage or other issues of third-party services, Fyde Innovations does not assume any responsibility. Fyde Innovations does not provide any customer support for third-party software or technology. If you need support, you need to contact a third-party service provider.
  • Each third-party service provider assumes full responsibility for its products, services, content and guarantees. In the event of a dispute, the product or service guarantee of the third-party service provider or the third-party agreement shall prevail.
  • You understand and agree that Fyde Innovations will update FydeOS from time to time to enhance the functions and performance of FydeOS. There is no guarantee that the third-party applications you purchase and use are applicable to all versions of FydeOS. If a third-party application is not compatible with FydeOS, you need to contact the third-party developer to resolve it.
  • You may need to accept the agreements and fees of third-party developers to download and use their applications. You hereby confirm and know that the developer reserves the right to adjust the price of the application and inform you in due course before you purchase the corresponding application. After the new price takes effect, you need to accept the newly adjusted price before you can continue to use the app. If you disagree with the adjusted price of the application, you have the right to stop using the service. You will need to pay taxes in accordance with any applicable relevant legal requirements.

8. Disclaimer

  • You clearly recognise and agree that you use FydeOS at your own risk and bear all risks related to quality satisfaction, performance, accuracy, and results. You further understand and agree that, according to the current level of industry technology, there is no guarantee that there will be no failures or system loopholes and procedures that will not make mistakes, and may cause personal or property damage risks. You should take the necessary measures when using FydeOS. Measures to ensure safety, including but not limited to safety protection measures, data backup measures, etc.
  • Fyde Innovations assures you that Fyde Innovations will make reasonable commercial efforts to ensure the normal operation of FydeOS and substantially comply with the industry standards applicable to FydeOS.
  • You understand and agree that if Fyde Innovations and/or its licensors violate the above guarantee, our responsibility is limited to repairing or replacing FydeOS for you. Fyde Innovations may require you to return or prove the damage of FydeOS to Fyde Innovations or its authorised parties.
  • Except as expressly stipulated in Article 8.3 of this agreement, to the maximum extent permitted by law, Fyde Innovations expressly denies all express or implied warranties and conditions in any form, including but not limited to marketability and applicability for specific purposes And implied warranties and conditions of non-infringement.
  • The installation of FydeOS may affect the availability of third-party software, application software or third-party services. You should take necessary measures to avoid damage to you during the whole process of installing and using FydeOS, including but not limited to use environment testing, data Backup, etc.
  • Fyde Innovations does not guarantee that FydeOS will meet all your needs, that FydeOS will run uninterrupted, be safe or error-free, or that all FydeOS errors can be corrected. In addition, Fyde Innovations is not responsible for defects or errors caused by the following situations:
    • During the period of system shutdown and maintenance announced by Fyde Innovations on the official website;
    • A party other than Fyde Innovations has modified, misused or damaged FydeOS;
    • You failed to install all system updates or other defect fixes provided by Fyde Innovations;
    • Failure to use FydeOS correctly in accordance with this agreement and the instructions or requirements of FydeOS;
    • Defects or errors of third-party personal computers, equipment, networks or software, or user errors;
    • Conditions peculiar to the characteristics of network services, including but not limited to basic network operator failures, computer or Internet technical defects, Internet coverage limitations, computer viruses, hacker attacks, network equipment or technology providers’ service delays or obstacles.
  • Fyde Innovations does not guarantee and assume responsibility for any non-Fyde Innovations products or services, including but not limited to third-party software or hardware, Internet connections or computer networks.
  • Internet transmission cannot guarantee 100% security. You confirm that you have Internet security knowledge and are able to bear the risks that may arise in the process of information transmission.
  • Fyde Innovations is not responsible for the interruption or failure of FydeOS or Fyde Innovations services caused by force majeure. Force majeure includes but is not limited to natural disasters, war acts, terrorist activities, riots, revolutions, strikes and other social factors, legislative changes, policy changes, government actions and orders, technical adjustments of the telecommunications sector, and other unforeseen, unavoidable and insurmountable objective conditions.
  • Under any circumstance, Fyde Innovations will not be responsible for any personal or business data loss or damage or any other indirect, special, punitive, or incidental damages or requests (including but not limited to business profit loss, business interruption, information leakage, data loss, monetary loss, or the cost of obtaining alternative products and services) caused by your use of FydeOS or Fyde Innovations’ services.
  • The software license provided by Fyde Innovations to you for free is used as a consideration for the free use of FydeOS. Unless otherwise agreed in this agreement, Fyde Innovations is not responsible for all matters under this agreement, whether it is a contract, tort or other liability. This limitation of liability is still applicable when the software warranty relief in Article 8.3 of this agreement cannot fully cover your loss.
  • You understand and agree that in order to provide you with effective services, FydeOS will use resources such as the processor and bandwidth of your terminal device. There may be data traffic charges during the use of FydeOS, which are borne by you.

9. Intellectual Property Statement

  • Fyde Innovations owns all rights or legal authorizations to Fyde Innovations’ official website and FydeOS, including but not limited to intellectual property rights such as copyrights, trademarks, patents, and trade secrets, and all information content related to FydeOS (including but not limited to text, pictures, audios, videos, charts, logos, layout design, typesetting methods, related data or electronic documents, etc.) and all derivative works (including all copies and related materials) are protected by Chinese laws and regulations and corresponding international treaties.
  • During the validity period of this agreement, one party (the “recipient”) must be aware of any non-public information (including but not limited to technical information, trade secrets, and content of this agreement, collectively referred to as “confidential information”) learned from the other party (the “disclosing party”) is strictly confidential and shall not be disclosed to any third party without the prior written consent of the disclosing party. The receiving party agrees to use confidential information only for the purpose of fulfilling this agreement, and take necessary and reasonable measures to protect the confidential information of the disclosing party. The receiving party guarantees that its employees who need to contact the confidential information for work will keep the confidential information strictly confidential and that they have signed a corresponding confidentiality agreement with the aforementioned employees.

10. Open Source License

  • Fyde Innovations supports industry technology learning, communication and development. You are allowed to perform the following actions on the source code disclosed to you by Fyde Innovations:
    • Arbitrarily modify the source code;
    • Create derivative works.
  • You shall comply with the following requirements when implementing the behaviours described in Article 10.1 of this agreement:
    • This behaviour shall not be carried out on the undisclosed source code of Fyde Innovations;
    • Do not modify or delete any copyright notices, trademarks or other intellectual property notices about FydeOS or third parties;
    • Do not use the modified source code or the derivative works created to implement any behaviour that violates laws and regulations, violates public order and good customs, endangers network security, or infringes on the safety of others’ information, personal or property.
  • You shall be responsible for the legality, security, accuracy, stability or other uncertain risks of the modified source code or the derivative works created. Fyde Innovations and FydeOS will not bear any responsibility for the source code you modified or the derivative works you created that cause losses to yourself or any third party, and you should compensate Suo Suo for any losses caused by Fyde Innovations.

11. Terms of Use for Children

  • If you are under the age of 18, you are a minor. You should read this agreement and use FydeOS and related services under the supervision and guidance of your guardian.
  • Guardians should supervise and guide minors when they use FydeOS and services.

12. Legal Jurisdiction

  • This license agreement is governed by the laws of the People’s Republic of China and interpreted in accordance with such laws. The conflict of laws rules is not applicable. If a court with legal jurisdiction rules that any clause or any part of this license agreement is unenforceable for some reason, the remaining clauses or parts of this license still have full legal effect and effect.
  • In the event of a dispute between the two parties, all disputes arising from or related to this agreement shall be settled through friendly negotiation first; if the negotiation fails, either party can submit it to the people’s court with jurisdiction in the place where Fyde Innovations is located.

13. Other

Your use of FydeOS means that you have read and agreed to be bound by this agreement. FydeOS reserves the right to modify the terms of this agreement when necessary. You can refer to the relevant agreement terms in the latest version of the FydeOS software. After the terms of this agreement are changed, if you continue to use FydeOS, you are deemed to have accepted the revised agreement. If you do not accept the revised agreement, you should stop using FydeOS immediately.