Launch Equipment Service Agreement

Important: Before you use the equipment of Launch Tech Co., Ltd., please be sure to read carefully and thoroughly understand the terms of this agreement, in particular the terms of the exemption or limitation of liability, as well as mentioned Privacy Policy and choose to accept or not accept. Restrictions and disclaimers may alert you in bold. If you use Launch's equipment, your use will be deemed as the approval of the entire contents of this statement.

I. Range of the agreement

This agreement is a legal agreement between you and Launch on your use of Launch’s device and the software distributed together with the Launch’s equipment You promise and warrant that you have the right and ability to enter into this agreement, and that you are entitled to your rights and assume the obligations mentioned in this agreement.

This agreement may be updated by Launch at any time according to laws, regulations and policy changes or other reasonable reasons. Once the updated agreement terms are published, it will replace the terms of the original agreement. After the notification is published by Launch, you can go to the “About” service of the device in time and read the agreement. After Launch revise the terms of this agreement, if you do not accept the modified terms, the relevant functions of the equipment will be stopped or restricted, and your continued use of the relevant functions of the equipment will be deemed as having accepted the modified agreement.

II. Right statement

This agreement does not involve the purchase or sale of intellectual property rights of equipment. The intellectual property rights involved in the equipment are owned by Launch.

III. Services and license

1. Launch Equipment provides you with services or functions such as but not limited to vehicle diagnostics.

2. You acknowledge and confirm that during your use of the equipment, the equipment will automatically access the cloud service of Launch. Once you access the cloud service and use the equipment, you are deemed to have agreed Launch as the controller and processor of the information to your data and collect, storage and process your data.

3. Retained Rights: All other rights not expressly authorized by this Agreement are owned by Launch. When you use other rights, you must obtain the written consent of Launch.

4. If you directly or indirectly cause damage to you or others due to the following actions, you are solely responsible for them, and Launch is not responsible for it. If your loss of the Launch is directly or indirectly caused by your following action, Launch has the right to claim compensation from you:

4.1 modification and repair equipment;

4.2 delete, modify or destroy the software on the device or reverse engineer the software, such as disassembly, decompilation, etc.

4.3 conduct any acts of sabotage, theft, damage to the intellectual property rights of device and software;

4.4 Other actions that directly or indirectly lead to loss of Launch;

5. If you fail to comply with any of the terms of this agreement, Launch has the right to immediately terminate this agreement, and reserves the right to pursue legal responsibility.

IV. Usage and Limitation of Personal Information, and Privacy Protection

1. Launch promises that your personal information obtained by Launch will be protected accordingly by Launch equipment. Launch will collect, use, store, and share your personal information in accordance with this agreement and the "Privacy Policy". If the content of the personal information protection provisions of this agreement conflicts with the above-mentioned "Privacy Policy", and this agreement does not specify the content of personal information protection, the content of the "Privacy Policy" shall prevail.

2. Launch will take reasonable measures to protect your personal information. Except for the circumstances stipulated by laws and regulations, without the user's permission, the entity will not disclose your personal information to third parties. Launch uses professional encrypted storage and transmission of relevant information to ensure the security of your personal information.

3. You may need to provide some necessary information in the process of using Launch equipment and services. You agree that Launch collects the above information based on the above purposes. If you do not provide or provide incomplete information, you cannot use the service or have a limitation of usage. When you use Launch equipment and services to help other people to carry out vehicle maintenance and other activities, it will enable Launch to obtain vehicle-related information of that specific person. Therefore, you must explicitly inform and obtain the consent of the specific person before performing such activities. If you do such an activity without the consent of that particular person and in the end directly or indirectly damage the legal rights and interests of others and cause damages, Launch is not responsible for it; if you do damage to the Launch directly or indirectly because of your previous actions in case of loss, Launch has the right to demand that you assume responsibility and render compensation accordingly.

4. Under normal circumstances, you can browse, modify, and supplement your submitted information at any time, but for security and identification purposes, you may not be able to modify the initial registration information and other verification information provided at the time of registration. In some jurisdictions, you also have the right to withdraw your consent at any time, to dispose of your data, and to request the Launch to assist you in transferring and deleting data. Launch has the right to require you to provide relevant information to prove your identity and authority when you request to exercise the above rights. For details, please refer to the "Privacy Policy" of the Launch ("Privacy Policy" under "About" of the device).

5. Launch will use various security technologies and procedures to establish a comprehensive management system to protect your personal information from unauthorized access, use or disclosure.

6. Without your consent, Launch will not disclose any personal information that is not related to vehicle inspection services to any company, organization or individual other than Launch, except as otherwise stipulated by laws and regulations.

V. Trademark information of Launch

Registered trademarks and other signs and other product and service names involved in Launch equipment are trademarks of Launch. Without the prior written consent of Launch, you may not display, use or otherwise treat Launch's trademark in any way, nor shall you express to others that you have the right to display, use, or otherwise have the right to deal with the trademark of the Launch.

VI. Service Risk and Disclaimer

1. The Licensing Leverages your report: In order to promote the improvement of the equipment, the user hereby licenses to use the reports generated by your equipment that have been uploaded to the cloud server, process and collect relevant data such as vehicle inspection and maintenance, and improve related services for reasonable use.

2. In the event that a force majeure event affects the normal operation of the equipment Launch and its cooperating units promise to cooperate with relevant units within the first time and deal with it in time for repair, however, Launch will not be liable for any losses incurred by you.

3. You understand that changing or repairing equipment or installing or using third-party software by yourself may result in unpredictable risks. All legal liabilities and disputes arising therefrom are not related to the Launch.

4. You know and confirm that if you use cloud storage services, you will need to use Internet services in the process, which may be affected by the instability of each link. Therefore, there is a risk that the service may be interrupted or cannot meet your requirements due to force majeure, computer terminal virus or hacker attacks, system instability, user location, user shutdown, and any other technology, internet, and communication line. You must bear the above risks and Launch does not guarantee.

5. When you use the equipment, you must bear the following risks including but not limited to:

5.1 Risk of loss or leakage of personal information due to irresistible factors;

5.2 You must choose the version of the software that is compatible with the device. Otherwise, any software problems or damages caused by the mismatch between the software and the device will be your responsibility.

5.3 You should use the equipment strictly according to the equipment and software operation instructions. Otherwise, any problems or damages caused directly or indirectly due to your non-standard operation will be borne by you.

6. Launch reminds you here:

6.1 The use of equipment and software must comply with local laws and policies and comply with this agreement. All responsibility arising from your illegal use or violation of the use of this Agreement shall be the sole responsibility of you and shall be irrelevant to Launch and the cooperating unit. Launch and the cooperating unit shall have the right to claim compensation from you for any loss incurred by Launch and have the right to keep the relevant records.

6.2 You understand and confirm that Launch provides your personal information in accordance with legal requirements or the requirements of relevant government departments, and Launch does not bear all legal liabilities caused thereby.

7. You are in breach of this Agreement or related terms of service, any claims, demands or losses claimed by any third party that are caused or generated, including reasonable attorney's fees, you agree to indemnify Launch and Affiliates.

VII. Other conditions

1. Launch solemnly reminds you to pay attention to the terms of exemption from liability and aggravation of user obligations in this agreement. Please read it carefully and consider risk independently.

2. The invalidity of any or all of the provisions of this Agreement shall not affect the validity of other provisions.

3. This agreement applies between Launch and the customer who purchased the equipment. The interpretation, effectiveness and resolution of this agreement apply to the laws of the People's Republic of China. If there is any dispute or dispute between you and Launch, it should first be settled through friendly negotiation. If the negotiation fails, you hereby fully agree to submit the dispute or dispute to the jurisdiction of the Shenzhen International Court of Arbitration.

4. If you have any comments or suggestions on Launch, please contact Launch.