Terms of service

Last Updated: Sep. 22th, 2022

This service is owned and operated by Lysome and its subsidiaries and affiliates (collectively “Lysome ,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your legal rights to use or access Lysome services, software, mobile applications, and websites (the “Services”) and the software used to provide the Services (the “Software”0, Lysome content provided through the Services (the “Content”) and hardware products or devices (“Products”). These Terms also govern your legal rights with respect to Third Party Services (defined below). By using or accessing the Products or Services or purchasing or using Third Party Services, you signify your acknowledgement and assent to the terms and conditions of use set forth below. These Terms (together with other user agreements, where applicable) constitute a binding legal agreement between you and Lysome (the “Agreement”). If you do not agree with this Agreement, please do not purchase or use the Products or Services or Third Party Services.

Lysome reserves the right to change or modify these Terms on a going forward basis at any time and in our sole discretion. If Lysome makes changes to these Terms, we will provide notice of such changes as appropriate, such as by sending an email notification to the address you have provided, providing notice through the Services and/or updating the "Last Updated" date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services. We encourage you to review the Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.

The term “you,” as used in these Terms, includes (i) the following “Owners”: any person or entity who either (a) purchases a Product or Service, or (b) is the owner of the Product and creates an account associated with the Product, and (ii) the following “Covered Parties”: (a) any members of an Owner’s household, or (b) any person or entity that accesses or uses the Owner’s Products or Services. Covered Parties are responsible for their own actions in connection with the Products and Services, but Owner hereby consents to these Terms on behalf of all Covered Parties and agrees to be fully responsible for all actions taken by Covered Parties relating to the Owner’s Products, Services and account, including, without limitation, minor children or wards, regardless of age. As a result, if you are an Owner, you should allow only those individuals that you trust to access your account, Products, and Services.

If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer collectively to you personally and to that organization or entity). Lysome offers you smart device management services, based on which you can access the smart devices on Lysome and its suppliers' smart platform through the Lysome , and realize interlinkage among smart devices. Service contents include smart device management, scene interlinkage and analysis report and other features. Such functions may be optimized or modified according to changes of users' demands or judgment of service supplier, and service supply may be suspended due to regular and irregular maintenance.

1.License.

Subject to these Terms, Lysome grants you a limited, non-transferable, non-exclusive license to access and make personal and non-commercial use of the Products and Services. This license does not include any right to resell Products or Services, or otherwise make the Products or Services available for third parties.

2.Use Restrictions.

You may not, nor may you permit others to, unless otherwise explicitly permitted under these Terms or consented to in writing by Lysome , use the Services or any portion thereof: (a) for any illegal, immoral, unlawful and/or unauthorized purposes; (b) for commercial purposes unrelated to the Services; or (c) to harvest or collect Personal Information (as such term is defined in the Privacy Policy referred to in Section 9) about other users of the Service without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use of other manual or automatic device, process or method to access any component of the Services to retrieve, index and/or data-mine information. In addition, you will not (1) interfere with or disrupt the operation of the Services, or the servers or networks that host them, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (2) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Lysome endorses you, your business or any statement you make, or present false or inaccurate information about the Services or any component thereof; (3) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our online-platform(s) infrastructure, as determined by us; (4) bypass any measures we may use to prevent or restrict access to the Services; (5) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile or disassemble any portion of the Software and Content or publicly display, reproduce, create derivative works of, perform, distribute, or otherwise use such Software and Content, other than as permitted under these Terms; (6) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to the Lysome ’s proprietary rights, in any way or by any means, unless expressly permitted in these Terms; (7) make any use of the Software and Content on any other site or networked computer environment for any purpose other than use of the Services, or replicate or copy the Software or Content without the Lysome ’s prior written consent; (8) create a browser or border environment around the Lysome Content (no frames or inline linking are allowed); (9) sell, license, distribute, resell or offer the Services, or any portion thereof, for rent or lease or offer any of the above to the public in any manner, or integrate any of the above within a service of its own, without the prior written consent of Lysome ; (10) frame or mirror any part of the Software without the Lysome ’s prior express written authorization; (11) create a database by systematically downloading and storing information stored and/or generated by the Services; (12) transmit or otherwise make available in connection with the Services or any portion thereof any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (13) access, or attempt to access, the Services other than through the interface that is provided by Lysome , without the prior written consent of Lysome ; (14) remove or disassociate, from the Services or any component therefore any patent, copyright, trademark or other proprietary notices contained in such materials (such as ©,™, or ®); (15) use your Account and/or password in any way that endangers the confidentiality of any individual’s Personal Information; (16) violate any of the Terms; and/or (17) ship, transfer, or export the Products. Software or Content into any country, or make available or use the Products. Software or Content in any manner, prohibited by applicable laws.

3.Third-Party Content.

Your use of services, applications, or content provided by third parties (“Third Party Content”) made available through the Services may be subject to additional end user agreements. In the event that these agreements conflict with the provisions of these Terms, the terms of those agreements will govern. Lysome has no responsibility or liability with respect to your access to or use of the Third Party Content, or any content or functionality contained in such Third Party Content, your rights to which are solely provided pursuant to a license between you and the provider of such Third Party Content. In no event shall Lysome be considered the licensor of the Third Party Content, to have granted any rights to use the Third Party Content, to have assumed any obligations with respect to the Third Party Content, or to have made any representations or warranties with respect to the Third Party Content.

4.Availability.

4.The Services may not be available in all territories and jurisdictions, and we may restrict or prohibit use of all or a portion of the Services in certain territories and jurisdictions.

5.Network Costs.

You may be charged by your network provider for data services or any other third party charges as may arise while using the Services and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from the bill payer.

6.Account.

a. To access and use certain features of the Services, you will be required to register for an account (the “Account”). By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice to support@lysome.comif you discover or otherwise suspect any security breaches related to the Services. We reserve the right to change the method of connecting to the Account at any time.

b. If you wish to either change your user name, phone, email address, or password to log-in to the Services, or cancel and remove your Account, you may use the setting menu or you can send us an e-mail of your request to: support@lysome.com.Your Account will terminate within a reasonable time following your request to terminate your Account.b.CANCELLING YOUR ACCOUNT MAY CAUSE INABILITY TO ACCESS YOUR ACCOUNT AND/OR THE LOSS OF CERTAIN INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION). YOU WILL HAVE A THIRTY (30) DAY PERIOD FROM THE CANCELLATION DATE TO COPY OR EXTRACT ANY INFORMATION WHICH WAS UPLOADED BY YOU TO OUR SERVICES. WE DO NOT AND WILL NOT ACCEPT ANY LIABILITY FOR INFORMATION LOSS WHICH OCCURS AFTER THIS THIRTY (30) DAY PERIOD.

7.INPUT DATA.

You shall be responsible for the accuracy, reliability, integrity and legality of input data and legality of the way in which you obtain the data you input into the Services, and shall back up data and information from time to time. You shall bear all risks for damage and loss of such information.

8.Privacy Policy

a. Privacy Policy.a.Our Privacy Policy, which is available at Lysome app is incorporated into these Terms and sets forth how we treat data, including how we collect, use and disclose information.

b. Third Party Policies.In addition, certain third parties (such as developers of Third Party Content and the manufacturers of your computer, mobile phone or other devices) may collect information about you when you use the Services. These third parties have their own privacy policies and will treat the information they collect about you according to these policies. We encourage you to review these privacy policies before providing any information to third parties. We are not responsible for the accuracy of any third party’s privacy policy or for ensuring that third parties comply with their privacy policies.

9.Ownership and Intellectual Property

a. Intellectual Property Rights. Unless otherwise indicated, the Services are the property of Lysome or our licensors and are protected by the patent, copyright, trademark and other laws of the United States and foreign countries (the “Intellectual Property Rights”a.). Except as expressly set forth herein, these Terms grant you no rights in and to the Services and the Intellectual Property Rights. You will not remove, alter or obscure any patent, copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

b.Trademarks. “Lysome ” marks and logos and all other Lysome marks and logos and all other proprietary identifiers used by the Lysome in connection with the Services (the "Lysome Marks") are trademarks or registered trademarks of Lysome . The Lysome Marks and those of its affiliates may not be copied, imitated or used, in whole or in part, without prior written permission, including as authorized by any applicable brand guidelines. All other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners and may not be used without permission of the applicable trademark holder.

10.Export Compliance and U.S. Government Rights

You will comply with all applicable export control laws of the United States and any other applicable governmental authority, including without limitation, the U.S. Export Administration Regulations (““Export Laws”). You will not, directly or indirectly, export, re-export or download Services or any component thereof: (a) to any individual, entity or country prohibited by Export Laws, including by any U.S. sanctions program; (b) to anyone on the SDN List, the Denied Persons List or Entity List or other export control lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical or biological weapons proliferation or development of missile technology. You further represent and warrant that no U.S. federal agency has suspended, revoked or denied your export privileges and you are not listed on the SDN List.

The Services, including all related software, technical data and documentation, are"Commercial Items"as that term is defined in 48 C.F.R. §2.101. We provide the Services for U.S. Government end use solely in accordance with the following: (a) the Services are licensed only as Commercial Items; and (b) the U.S. Government will have the same rights as all other end users pursuant to these Terms. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for U.S. Department of Defense transactions, DFARS 252.227-7015 (Technical Data – Commercial Items) and DFARS 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a U.S. Government agency has a need for any additional rights, it must negotiate directly with Lysome to determine if the parties can negotiate an acceptable license amendment that must be included in any applicable contract or agreement.

11.Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. AS BETWEEN YOU AND Lysome , EXCEPT AS PROVIDED IN SECTION 8, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND Lysome EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, Lysome DOES NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS; (B) THE OPERATION OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR (C) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY Lysome WILL CREATE A WARRANTY. THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

12.Indemnification

You agree to defend, indemnify and hold harmless Lysome and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “Lysome Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) your purchase or use of, or inability to use, the Services; (b) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by Lysome or a third party in relation to the Services; or (c) your violation of any applicable law or any rights of any third party.

13.Limitation of Liability

THE Lysome PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF Lysome HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Lysome PARTIES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US TO USE OUR SERVICES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

14.Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION (JURY TRIAL WAIVER) OF ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS) WITH Lysome AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Lysome (NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS).

a. Binding Arbitration; Disputes; Small Claims.You and Lysome agree to waive any right to a jury trial, or the right to have any Dispute resolved in any court, and instead accept the use of binding arbitration (which is the referral of a Dispute (as such term is defined below) to one or more impartial persons for a final and binding determination).a.“Dispute” as used in this Section 16 means any dispute, cause of action, claim, or controversy arising out of or in any way related to Lysome , these Terms, the subject matter of these Terms, or access to and use of the Services, including but not limited to contract, personal injury, tort, warranty, statute or regulation, or other legal or equitable basis and disputes that involve third parties (such as developers of Third Party Content), except any dispute, cause of action, claim, or controversy relating to Lysome ’s intellectual property (such as patents, trademarks, trade dress, domain names, trade secrets, copyrights, and/or patents). You and Lysome empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.

b. No Class Arbitrations, Class Actions or Representative Actions.b. You and Lysome agree that any Dispute is personal to you and Lysome , and that any Dispute shall only be resolved by an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding. Neither party agrees to class arbitration, or an arbitration where a person brings a Dispute as a representative of any other person or persons. Neither you nor Lysome agree that a Dispute can be brought as a class or representative action whether inside or outside of arbitration, or on behalf of any other person or persons.

c. Federal Arbitration You and Lysome agree that these Terms affect interstate commerce and that the enforceability of Section 16 shall be governed by, construed, and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) to the maximum extent permitted by applicable law.

d. Confidentiality. The arbitrator, Lysome , and you shall maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator shall have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.

e. Process.Our goal is to resolve claims fairly and quickly. Accordingly, for any Dispute that you have against Lysome , you agree to first contact Lysome and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Lysome . The Notice to Lysome must be sent by certified mail addressed to: support@lysome.com The Notice must (a) include your name, residence address, and the email address and/or mobile telephone number associated with your account; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. If you and Lysome cannot reach an agreement to resolve the claim within 30 days after such Notice is received, then either party may, as appropriate in accordance with this Section 14, commence an arbitration proceeding or file a claim in court. You and Lysome agree that any Dispute must be commenced or filed within one year after such claim arose; otherwise, the Dispute is permanently barred.

f. AAA Arbitration. In the event that you and Lysome cannot resolve a Dispute, you or Lysome shall promptly submit the Dispute to binding arbitration at the office of the American Arbitration Association (“AAA”). In the event AAA declines or is unable to administer the arbitration, you and Lysome agree to use an arbitration forum or arbitrator that you and Lysome mutually agree upon. If, after making a reasonable effort, you and Lysome are not able to agree upon an arbitration forum or arbitrator, AAA or a court having proper jurisdiction will appoint an arbitration forum or arbitrator. The arbitration will be conducted in accordance with the AAA Consumer Arbitration Rules (“AAA Rules”) then in effect. The AAA Rules and other information about AAA and arbitration are readily available at http://www.adr.org, by calling 1-800-778-7879, or by mail at 120 Broadway, Floor 21, New York, NY 10271. By entering into these Terms, you either (1) acknowledge that you have read and understand the AAA Rules or (2) waive reading the AAA Rules and waive any claim that the AAA Rules are unfair in any way. You and Lysome agree that these Terms govern the arbitration, and that the applicable AAA Rules shall be subject to changes in procedures that AAA may make from time to time.

g. Individual Arbitration.As limited by the FAA, these Terms, and the applicable AAA Rules, the arbitrator will have the exclusive power and jurisdiction to make all procedural and substantive decisions concerning the Dispute; provided, however, that this power does not include the power to conduct a class arbitration or a representative action, which is prohibited by these Terms (as stated above). The arbitrator may only conduct an individual arbitration, and may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding, or any proceeding on behalf of or involving more than one person or persons.

15.Termination

a. Term. These Terms shall remain in effect until the earlier of the end of any relevant Subscription Period or as terminated as set forth herein. Your failure to comply with the Terms or failure to make any payment in a timely manner shall terminate the licenses granted herein and these Terms. In connection with such a termination, we may immediately (temporarily or permanently) limit, suspend or otherwise terminate, your Account, your password and your access to the Services without notice. Without limiting the generality of the foregoing, we may terminate or suspend your Account if we believe in our sole discretion that any of the following events occurred: (a) there is a threat to the security or integrity of your Account, our network or our servers; (b) suspension or termination is needed to protect the rights (including without limitation, privacy rights), property or safety of the Lysome , its customers or the public; or (d) you have violated any of these Terms; and/or (e) we are required to do so by applicable law.

b. Rejecting Terms.If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Services, you may terminate these Terms at any time by closing your Account and stopping your use of our Services and this will be your sole remedy in such circumstances. No refunds will be issued in connection with such termination.

c. Effect of Termination.c.Upon termination of these Terms: (i) the license and all other rights granted to you hereunder will automatically terminate; (ii) you must immediately cease all use of the Services, delete and destroy all copies of any Software and Content in your possession or control (and to certify such action to Lysome , if required by it), and (ii) the provisions of these Terms that, by their nature and content must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, Sections 8, 9, 10, 13, 14, 15, 16 and 17 will survive the termination of the Terms.

d. Notice. We may, but are not obligated to, provide you a notice in the event of termination or suspension of your Account. During the suspension period, you will not have the ability to use or access your Account. In the event that we determine, in our sole discretion, that the reason for suspension of access to your Account has been resolved, we will restore access to your Account.

16.Governing Law

a. Choice of Law. The laws of the State of Florida excluding its conflicts of law rules, govern these Terms and your access to and use of the Services. Your access to and use of the Services may also be subject to other local, state, national or international laws.

b. Venue and Jurisdiction. To the extent the provisions in Section 16 do not apply, you further agree that all disputes, causes of action, claims, or controversies arising under these Terms that cannot be settled through informal negotiation will be resolved exclusively in the state and federal courts of Florida, and you agree to submit to the personal jurisdiction of such courts for the purposes of litigating all such claims.

17.Modifications to the Services

Lysome reserves the right to change, suspend, remove, discontinue or disable access to the Services or particular portions thereof, at any time and without notice. In no event will Lysome be liable for the removal of or disabling of access to any portion or feature of the Services.

18.Headings

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

19.Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

20.Assignment

You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Lysome , and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.

21. Nonwaiver

Any failure by Lysome to insist upon or enforce performance by you of any of the provisions of these Terms or to exercise any rights or remedies under these Terms or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right or remedy in that or any other instance; rather, the provision, right or remedy will be and remain in full force and effect.

22.No Joint Venture

These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.

23.Force Majeure

Lysome will not liable for any delay or failure to provide the Services resulting from circumstances or causes beyond the reasonable control of Lysome .

24.Contact Us

If you have any questions or concerns regarding these Terms or our Services, please contact us at

Email: support@lysome.com

Website: www.lysome.com