Welcome to Use Dreamehome software and the Service
Dreame Innovation Technology (Suzhou) Co., Ltd. hereby reminds you (hereinafter referred to as the "User" or “You”) to carefully read and fully understand the Software License and Service Agreement (hereinafter referred to as this "Agreement"). The user shall carefully read and fully understand the terms of this Agreement, in particular those relating to the exemption or limitation of our liability, dispute resolution and applicable laws. Your attention is drawn to the terms relating to the exemption or limitation of liability, which have been marked in bold. Please read carefully and choose to accept or not accept this Agreement (a minor should be accompanied by his/her legal guardian while reading this Agreement). By downloading, installing and using the software, as well as obtaining and logging in your account, you agree to accept this Agreement and to be fully bound by its terms.
1.1 This Agreement is the agreement concluded by and between you and Dreame Technology and its operation partner (hereinafter referred to as the "Partner") concerning the User's downloading, installation and use of the " Dreamehome” software (hereinafter referred to as the "Software") of Dreame Technology and use of relevant services of Dreame Technology (hereinafter referred to as the "Software and Service").
1.2 The Software Service are provided by Dreame Technology for installation on (including but not limited to) mobile smart terminal devices, to provide Dreame Technology services for the User who uses the said smart terminal.
2.1 You may access this Software from our official channels and other channels authorized by Dreame Technology including Dreame Technology’s official websites, Dreame Technology’s official application distribution platform as well as third-party websites and application distribution platforms authorized by us.
2.2 The User shall download and install the Software from the website or in the manner designated by Dreame Technology. Be aware not to download the Software on unspecified websites, so as to prevent mobile devices from infecting malicious programs that can destroy user data and acquire user privacy information. If you access this Software through a third party without authorization by Dreame Technology or use a different installation program which bears the same name as this Software, Dreame Technology cannot guarantee that such software will function normally and shall not be liable for any loss you incur in connection therewith.
3.1 The User must select the Software version that matches the terminal device installed. Otherwise, any software problems, device problems or damages resulting from mismatch between the Software version and the device model shall be solely assumed by the User.
3.2 The content of this Software and Service provided by Dreamehome available to Users may vary from region to region due to reasons such as strategic arrangement or adjustment. As for the specific content of this Software and Service, please refer to the Software and Service actually provided by Dreamehome.
3.3 You may uninstall this Software if you no longer need this Software and Service or you need to install a new version of this Software.
3.4 After the new version of the Software is released, Dreame Technology does not guarantee that older versions of the Software will continue to be usable.
3.5 In order to improve User experience and optimize service content, Dreame Technology reserves the right to provide replaced, modified and upgraded version of the Software, and also reserves the right to charge for such replacement, modification or upgrading, but will obtain your consent in advance for such charges. The Software will enable "upgrade prompt" feature by default for the User. Depending on the Software version used by the User, Dreame Technology provides the User with the discretion to or not to enable the said feature.
4.1 In order to improve user experience and service content, we will constantly strive to develop new services and may provide you with Software updates from time to time.
4.2 We have the right to update this Software or to change certain functions of this Software in order to improve user experience or to improve the security of this Software and Service or to ensure consistency of its functions.
4.3 The old version of this Software may become unavailable after a new version is released. Dreame Technology does not guarantee that the old version of this Software will continue to function, nor that you can obtain appropriate customer service and maintenance with respect to old versions of this Software. Please check and download the most updated version of this Software in time.
5.1 Dreamehome App Account
5.1.1 To use Dreamehome Software and Service, you may need to register a Dreamehome account (“Your Account”) and fill in some necessary information when registration.
5.1.2 By creating an account or using Dreamehome Services, you confirm that you accept this Agreement. You also confirm that:
1. You have reached the age of majority in the location where you reside; or
2. You are younger than the age of majority in the location where you reside (hereinafter referred to as “Minor”), and you represent that you have reviewed this Agreement with your parent or legal guardian before using the Software and Service and that you and your parent or guardian understand and consent to this Agreement. If you are a parent or guardian of a Minor who is using the Software and Service, you accept and agree to: (i) supervise the Minor's use of the Software and Service; (ii) assume all risks associated with the Minor’s use of the Software and Service, (iii) assume any liability resulting from the Minor’s use of the Software and Service; (iv) ensure the accuracy and truthfulness of all information submitted by you or the Minor; and (v) assume responsibility and are bound by this Agreement for the Minor’s access and use of the Software and Service.
5.1.3 Subject to laws and regulation of the country where you reside, you shall provide us accurate and complete information when you create your account and update your account if any of your information changes.
5.1.4 We specifically remind you to keep your account information, especially your password secure. If you find that your account or password has been used illegally by others or has been used abnormally, you shall contact us, as soon as you notice the illegal use. You understand and agree that you assume full responsibility for the authenticity, legality, and validity of the information you provided for the registration of Dream APP account.
5.2 Subject to the laws and regulation of the country where you reside User shall not commit the following acts:
5.2.1 Delete any copyright information on the Software and other copies, or modify, delete or circumvent the technical measures set by the Software for the protection of intellectual property rights;
5.2.2 Perform reverse engineering of the Software, such as disassembly, decompilation or other attempts to obtain the source code of the Software;
5.2.3 Add, remove or change the features or running effects of the Software by modifying or forging the instructions and data during the running of the Software, or otherwise operate or disseminate to the public the software or methods used for the purposes described above, whether or not for commercial purposes;
5.2.4 Use the Software to commit any acts detrimental to network security, including but not limited to: using unauthorized data or access to unauthorized servers/accounts; unauthorized access to public networks or the operating system of others and delete, modify or add any information stored; unauthorized attempts to detect, scan or test the Software system or network weaknesses or do other things that destruct network security; attempt to interfere with or destruct the normal operation of the Software system or website, deliberately spread malicious programs or viruses, or carry out other acts that destruct or interfere with normal network information services; forge the name or partial names of TCP/IP data packet;
5.2.5 The User logs in or uses the Software and services through third party compatible software or systems not developed, authorized or approved by Dreame Technology, or makes, publishes or disseminates the above tools;
5.2.6 Without the written consent of Dreame Technology, the User does anything on the Software or the information contained therein, including but not limited to using, leasing, lending, copying, modifying, setting up a link, reproducing, compiling, releasing, publishing, establishing a mirror image website, or unauthorized use of the Software to develop related derivative products, works, services, plug-ins, compatibility or interconnection;
5.2.7 Use the Software to publish, transmit, disseminate or store any content that violates local laws and regulations;
5.2.8 Use the Software to publish, transmit, disseminate or store any content that infringes the legitimate rights such as intellectual property rights and trade secrets of others;
5.2.9 Use the Software to publish, transmit or disseminate advertising information or spam in bulk;
5.2.10 Use the Software and other services provided by Dreame Technology, in any unlawful manner, for any unlawful purpose or in any manner inconsistent with the licensed usage under this Agreement;
5.3 Subject to the laws and regulation of the country where you reside User shall comply with Information Publication Specifications:
5.3.1 You may use the Software to publish information such as views, data, text, information, user names, pictures, photos, personal information, audio or video files, links and so on that are created by you or that you have the right to publish. You must guarantee that you have the intellectual property rights or you have obtained the legal authorization of the information uploaded by you, and that your use of the Software and services does not infringe any legitimate rights or interest of any third party.
5.3.2 While using the Software, you are required to comply with local laws and regulations.
5.3.3 You shall not use the Software to commit the following acts, including but not limited to
5.3.3.1 Produce, reproduce, publish, disseminate or store any of the following contents that violate local laws and regulations;
5.3.3.2 Publish, transmit, disseminate or store any content that infringes the legitimate rights such as reputation right, portrait right, intellectual property rights and trade secrets of others;
5.3.3.3 Make up the fact or conceal the truth to mislead or deceive others;
5.3.3.4 Publish, transmit or disseminate advertising information or spam;
5.3.3.5 Engage in other acts that violate local laws and regulations and so on.
5.3.4 Without the permission of Dreame Technology, you shall not carry out any commercial conduct in the Software, such as advertising, selling merchandise.
5.4 You understand and agree that:
5.4.1 Dreame Technology will determine whether the User is suspected of violating the above-mentioned usage specifications and, based on the result of such determination, suspend or terminate the use license granted to you or take other restrictive measures that may be taken in accordance with this Agreement;
5.4.2 Dreame Technology will directly delete any information suspected of being unlawful or infringing the legitimate rights of others or violating this Agreement, which is published by the User during use of the licensed Software;
5.4.3 If you violate the above-mentioned usage specifications and thus cause damages to third parties, you need to assume the liability in your own name independently and to hold Dreame Technology harmless from and against any loss or expense arising therefrom;
5.4.4 The User shall indemnify and hold harmless Dreame Technology from and against any and all losses, third-party claims, administrative penalties, damages and/or expenses, including reasonable attorney fees, investigation and evidence collection costs, incurred or suffered by Dreame Technology resulting from the User's violation of relevant laws or breach of this Agreement.
6.1 Subject to your consent to this Agreement and Dreamehome Privacy Policy, Dreame Technology grants the User a personal, non-transferable and non-exclusive license to use the Software without the right to sublicense.
6.2 The User can install, use, display and run the Software on a single mobile terminal device for non-commercial purposes. However, the User shall not install, use or run the Software for commercial operation purposes. The User shall not copy, alter or modify any data of the Software, or any data released to the memory of any terminal device during the running of the Software and the interactive data generated between the client and the server during the running of the Software, or run the Software with plug-ins, or create any derivative work in any form, including but not limited to plug-ins, access to the Software and related systems through unauthorized third-party tools/services. If you need to sell, copy or distribute the Software commercially, e.g. software pre-installation and bundling, you must obtain the written authorization and license from Dreame Technology.
6.3 Without the permission of Dreame Technology, the User shall not install the Software on other terminal devices that are not expressly permitted by Dreame Technology, including but not limited to set-top boxes, game consoles, televisions, DVD players and so on.
6.4 The User may make a copy of the Software for the purpose of using the Software and services, but it shall be used only as a backup. The backup copy must contain all the copyright information contained in the original software.
6.5 Except as expressly authorized by this Agreement, Dreame Technology does not grant other rights to the User. If the User intends to use any other right, the written consent from Dreame Technology shall be obtained in advance.
7.1 Limitation of Liability
7.1.1 To the maximum extent permitted by applicable laws in your jurisdiction, your access to and use of the Software and Service is at your sole risk and the we expressly exclude all liability, loss, or damages incurred by you, or any other person, whether in contract, tort (including negligence) or under any other theory, for any of the following:
(a) loss of profits, income, revenue, data, or goodwill; and
(b) special, indirect or consequential loss or damage. The limitations and exclusions in the Agreement will apply whether or not Dreame Technology has been advised of or should have been aware of the possibility of any losses arising therefrom.
7.1.2 If you are dissatisfied with any aspect of the Software and Service at any time, your sole and exclusive remedy is to stop accessing and using the Software and Service. Without prejudice to the preceding restrictions, and to the maximum extent permitted by applicable laws in your jurisdiction, in no event will the Dreame Technology ' total aggregate liability to you or to any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort (including negligence) or under any other theory exceed the total payment you made for using the Software and Service. You acknowledge and agree that the disclaimers and limitations of liability expressed in the Agreement are fair and reasonable.
7.2 Disclaimer
7.2.1 To the maximum extent permitted by applicable laws in your jurisdiction, we are not liable to you or to anyone else for any liability, loss, damages or compensation if you are unable to access or use the Software and Service due to:
(a) Any suspension or termination of the Services by Dreame Technology to enable maintenance work or updates to systems, software or hardware to be carried out;
(b) Any delay or failure of a system or network communication that is owned or controlled by someone other than Dreame Technology;
(c) Dreame Technology is not liable for any loss suffered by the User due to reasons attributable to third parties such as communication line failure, technical problem, network or mobile terminal device failure, system instability and other various force majeure factors.
(d) The Software, like most other Internet software, may be affected by factors including but not limited to user reasons, network service quality, social environment differences, etc., and may also be subject to the harassment relating to various security problems, such as the usage of data of the User by others, resulting in harassment in real life; other software downloaded and installed by the User or other websites visited by the User contain "Trojan horse" and other viruses, threatening the security of the User's terminal device information and data, and then affecting the normal use of the Software. The User shall enhance the awareness of information security and user data protection, and pay attention to strengthening password protection, so as to avoid loss and harassment.
(e) When the User uses the Software or requests Dreame Technology to provide specific services, the Software may call a third-party system or software to support the User's use or access. The results of the use or access will be provided by the third party. Dreame Technology does not guarantee the safety, accuracy and effectiveness of the results achieved through the support of the said system or software, nor does Dreame Technology assume any other uncertain risks; if any dispute or damage is caused thereof, Dreame Technology will not assume any liability.
Any other reason beyond Dreame Technology 's reasonable control.
7.3 The laws of some countries do not allow certain warranties, guarantees or liabilities to be excluded or limited by a contract. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you and you may have additional rights. Nothing in the Agreement affects your rights that you are legally entitled to as a consumer and which you cannot contractually agree to alter or waive.
8.1 From time to time, we may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”). You may be able to connect with these Third Parties through your use of Software and Service, but this does not mean Dreame Technology endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies. You should carefully review the Third Party’s sites and terms of use and privacy policy. Dreame Technology is not responsible for the content, policies or activities of Third Parties and you interact with Third Parties at your own risk.
9.1 Unless otherwise specifically stated, we legally hold the copyrights, patents, trademark rights and other related intellectual property and legal rights and interests of the contents (including but not limited to interfaces, texts, pictures, audio, video, graphics, etc.) of the Software and Service provided by us under this Agreement, the computing programs which supports the provision of the products and services, as well as trademarks and other commercial logos used on the products and services.
9.2 The intellectual property rights of the above and any other Software and Service provided by us are protected by law. No one may use or create derivative works in any form without our prior written permission or the prior written permission of related rights holders.
10.1 Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you. To the maximum extent permitted by applicable laws in your jurisdiction:
(a) We may update this Agreement from time to time. If a change is made, we will post a notice on the Dreamehome or send you a notification. Read through any changes, and if you don’t agree to them, please stop using the Dreamehome Software and Service. If you continue to use Dreamehome Software and Service after we notify you of changes, you will be deemed to have accepted the updated terms, except to the extent prohibited by applicable law.
(b) Dreame Technology reserves the right from time to time and at its sole discretion to modify or change the paid services provided, the charging criteria, charging mode, service charges or service terms. In providing the services, Dreame Technology may start to charge some users for certain fees now or in the future. If the User refuses to pay such fees, the User will not be able to continue using relevant services after the charging starts. Dreame Technology will do their utmost to notify the User of any amendments or changes by email or otherwise.
(c) Dreame Technology may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of Dreamehome and Service at any time and for any reason, without any liability to Dreame Technology, subject to applicable law.
(d) This Section remain in effect even after your account is terminated or you have stopped using the Software and Service.
11.1 If you reside in the United States, this agreement will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and us both consent to venue and personal jurisdiction in San Francisco, California.
11.2 If you reside in European Economic Area, and the United Kingdom, you agree that this agreement shall be governed in all respects by Dutch law, without regard to the choice of law provisions, and not by the 1980 UN Convention on Contracts for the International Sale of Goods. Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the use of Software and Service shall be resolved and exclusively in the competent courts of Amsterdam, the Netherlands. If you have a complaint, please contact us via privacy@dreame.tech. If you feel your complaint is not adequately addressed you can – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through https://ec.europa.eu/odr. In addition, you have the right to initiate a mediation procedure by contacting the mediator (s) as follows: Association des médiateurs européens (197, Boulevard Saint-Germain, 75007 PARIS, téléphone: 09 53 01 02 69), https://www.mediationconso-ame.com/. The mediator(s) will attempt to, independently and impartially, reach an amicable resolution of the dispute. In case of mediation, each party is free to accept or reject the solution proposed by the mediator.
11.3 If you reside in the country or region other than the countries in article 11.1and 11.2 this Agreement is governed in all respects by the law of the People’s Republic of China. In this situation, any dispute arising out of or in connection with this Agreement or use of Software and Service,, shall be referred to and finally resolved by arbitration administered by the Shanghai International Arbitration Centre (“SHIAC”) in accordance with the Arbitration Rules of the Shanghai International Arbitration Centre (“SHIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Shanghai. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be Chinese.
12.1 Your privacy is important to us, please read our Dreamehome Privacy Policy carefully. Dreamehome Privacy Policy applies in all respects of your use of our Dreamehome and Service.
12.2 This Agreement is effective on August 28, 2021.
12.3 The headings to all the terms of this Agreement are for ease of reference only and shall be ignored in interpreting this Agreement.