1. Special Note
The ownership rights, operation rights and other rights of "SIMO Services" under "SIMO User Services Agreement "(hereinafter referred to as "Agreement") belongs to "SIMO Holdings Inc." (hereinafter referred to as "SIMO").
We hereby remind you (the user) that before registering as a SIMO user, please read this agreement carefully to ensure that you fully understand the terms of this agreement. Please carefully read and choose to accept or not accept this agreement. Unless you fully accept all the terms of this agreement, you do not have the right to register, log in or use the services covered by this Agreement. Your registration, login, use of services and other behaviors will be regarded as the full acceptance of this agreement, and agreement to accept the terms of this agreement.
This Agreement sets forth the rights and obligations between SIMO and its users with respect to the Service. "User" means an individual who registers, logs in, or uses the Service. This Agreement may be updated by SIMO at any time. Once the updated terms of the agreement are announced, the original terms of the agreement will be replaced without any prior notice. Users can view the latest version of the agreement at simo.co/terms-of-service. After modifying the terms of the agreement, if the user does not accept the amended terms, please immediately stop using the service provided by SIMO, the continued use of the service provided by SIMO will be regarded as full acceptance of the modified agreement.
2. Account registration
2.1. Except for trial use, users need to register a "SIMO" account before using the service. The "SIMO" account should be registered with your mobile phone number. You are required to register your "SIMO" account with a mobile phone number that has not been registered with the "SIMO" account and a mobile phone number that SIMO has not blocked under this agreement. SIMO can make changes to the method of account registration and binding according to user or product requirements without prior notice to the users.
2.2 If the registered applicant has a precedent banning by SIMO, or is suspected of falsely registering and abusing the name of others in registration, or other reasons for not being able to get permission, SIMO will refuse the application for registration.
2.3. Because of the registration method of the "SIMO" account, users agree that SIMO will obtain the user's mobile phone number and mobile device identification code for registration.
2.4. When registering and using the service, users agree SIMO can collect personal information that can identify the user so that SIMO can contact the user when necessary or provide a better user experience. The information SIMO collects includes, but is not limited to, the user's name and address; SIMO agrees that the use of such information will be subject to Article 10, the protection of user's personal privacy information.
3. Account security
3.1. Once the users register successfully and become "SIMO" legitimate users, they will obtain an account (users' phone number) and password. Users need to be cautious and reasonable to save and use the account number and password. Users have the right to use their own account number and password to login to SIMO at any time and can change the password at any time. If users find any illegal use of users' accounts or security vulnerabilities, please immediately notify "SIMO" or report to the public security organization.
3.2. The user is fully responsible for the security of the user's account and password, and bears full responsibility for all activities and behaviors performed by his user account.
3.3. Users may not transfer or authorize others to use their own SIMO user accounts in any form.
3.4. If the user leaks the password, it may lead to adverse legal consequence, so no matter what reason causes the user's password to be leaked or security being threatened, the user should immediately contact the SIMO customer service staff, and all legal responsibility caused by the use of this account will be assumed by the user.
4. User statement and guarantee
4.1. The user promises he or she is a civil entity with full civil capacity and civil liability, and has the ability to reach this agreement and perform all obligations under this agreement.
4.2. The user is obliged to provide their own real information when registering, and guarantee the validity, authenticity and security of the contents such as mobile phone number, name, location, etc., ensuring that "SIMO" staff can get in touch with the user through the above contact method. At the same time, the user is also obliged to update the relevant registration information in time when the relevant information is actually changed.
4.3. This Agreement is made in accordance with the relevant laws, rules and regulations of the State, and the user agrees to strictly observe the following provisions:
(1) The transmission of technical information from China to the outside of China must comply with relevant Chinese laws and regulations.
(2) Do not use "SIMO" service for illegal activities at any time.
(3) Do not interrupt or disrupt network service at any time.
(4) Comply with all network protocols, regulations, procedures and practices that use web service.
Users must promise not to transmit any illegal and criminal, harassing, slandering, insulting, threatening, terrible, vulgar, obscene, or uncivilized information; do not transmit information that damages the public Interests of country and society or information related to national security; do not transmit information that abets others to engage in the behaviors prohibited by the laws, regulations and this agreement. Unauthorized access to other computer systems is also prohibited. SIMO reserves the right to immediately stop providing service to users if the user's behavior does not comply with the prohibited terms mentioned above. Users need to take legal responsibility for their Internet behavior. If users use the service to distribute reactionary, pornographic or other information that violates national law, the system record of the service may take these as evidence that users are breaking the law.
5. Service content
"SIMO" service, by its own operating system, provides network service to users over the Internet, and other services in the software available to SIMO users. At the same time, the users must:
(1) Own mobile device equipped with Internet access.
(2) Afford telephone cost, network fee and so on of personal online access related to this service. In the meantime, based on the importance of the web service provided by "SIMO" service, users should agree to:
(1) provide exhaustive, accurate personal information.
(2) Constantly update the registration information, in line with timely, detailed and accurate requirements.
6. Termination of service
6.1. SIMO has the right to terminate the service to users in the following cases:
(1) SIMO has the right to terminate the service to the user when the user violates any national or local laws, regulations or the relevant provisions of this agreement. If the user once again registers as a user, directly or indirectly, or in the name of another person, SIMO has the right, upon discovery, to unilaterally terminate the service to the user;
(2) If SIMO contacts the user through the information provided by the user, finding that the contact information filled up by the user in registration is no longer available or cannot be connected. SIMO will notify the user to change through the other contact information, and the user remains failing to provide new contact information within three working days, SIMO has the right to terminate the service to the user;
(3) SIMO reserves the right to terminate the service to the user at any time once SIMO discovers that the data or information provided by the user is fake.
(4) When the service terms are terminated or updated, the user is expressly reluctant to accept the new service terms;
(5) in other situations where SIMO thinks the service needs to be terminated.
6.2. After the termination of service, SIMO is not obliged to retain any information in or related to the original account for the user, or forward any information that has not been read or sent to users or the third party.
7. Service change, interruption
7.1. Due to the special nature of network service, users agree that SIMO reserves the right to update, interrupt part or all of its network services and delete (no longer save) any information submitted by users during the use without notifying users, and need not bear any responsibility for any user or any third party.
7.2. SIMO needs to regularly or irregularly detect or update all types of operators to which it provides network service, if these cause the interruption of network service within a reasonable time, SIMO need not bear any responsibility for this.
8. Revision of service terms
8.1. SIMO reserves the right to modify any content of the service terms at any time, once there are any changes to the service terms, SIMO will prompt the modified content to users in the appropriate way.
8.2. If you do not agree with the modification of service terms conducted by SIMO, users have the right to stop using the service.
8.3. If the user continues to use the service, the user is deemed as fully accepting the modification of service terms by SIMO.
9. Disclaimer and compensation statement
9.1. If SIMO has made it clear that its service delivery method has updated and reminded users of matters needing attention, and users do not operate as required, all the consequences will be assumed by the user.
9.2. The users explicitly agree that the risk provided or caused by using the service will be assumed entirely by themselves, all the consequences caused by using the service will be assumed by themselves.
9.3. The users agree to protect and defend the interests of SIMO and other users. Behaviors that are illegal, untrue, improper, infringe on the legitimate rights and interests of third parties in the use of service, or create a loss to SIMO and any other third party because users violate any terms under this agreement, the users agree to bear liability for damages thereby.
10. Privacy statement
10.1. Scope of application:
(1) The personal registration information that is provided by the user upon requirement when registering SIMO account;
(2) The server data on the user's browser that SIMO automatically receives and records when the user uses the services or accesses related web pages, including but not limited to data such as IP addresses and web pages required by the user.
10.2. Use of information:
(1) SIMO will not sell or lend the user's personal information to anyone except with the prior permission of the user.
(2) SIMO also does not allow any third party to collect, edit, sell or disseminate the user's personal information by any means. If any user's engagement in any of the above activities is discovered, SIMO reserves the right to immediately stop the user from using the service and close the user's account.
(3) For the purpose of serving the user, SIMO may provide service to the user by using the user's personal information, including but not limited to sending information of products and services to user or sharing the information with cooperative partners so that they send information of their products and services to the user.
10.3. Information disclosure: The user's personal information will be disclosed in whole or in part in the following circumstances:
(1) It is disclosed to third party with the user's permission;
(2) It is disclosed in accordance with the relevant provisions of law or at the request of administrative or judicial authorities;
(3) It is necessary to be disclosed to third party if the user violates relevant Chinese laws or website policies;
(4) When we must share the user's personal information with third party in order to provide the products and services requested by the user;
(5) Other disclosures that SIMO considers appropriate under the law or website policies;
(6) As for the user's bank account information that is provided when the user uses SIMO, SIMO will strictly comply with the confidentiality agreement.
11. Ownership of network service
The content SIMO service obtains include: texts, software, data, codes, symbols, sounds, images, pictures, graphics, etc.; the full contents of e-mails; and other information SIMO provides for its users. The intellectual property rights referring to all of these contents, and other property rights or non-property rights are protected by law. Therefore, users can only read, use and obtain these contents with authorization from the obligee. They cannot copy, add, delete, tamper with or edit these contents, or create derivative products related to this content. The contents of "SIMO" website are owned by SIMO Company. Anyone who needs to quote and reprint articles on the "SIMO" service website must obtain an authorization from SIMO Company.
12. Limitation of liability
If a force majeure or other reasons that SIMO cannot control, make SIMO service system crash or unable to work normally, result in failure to provide service to users or loss of relevant information and records, SIMO will provide reasonable assistance in handling the aftermath, do best to protect customers from loss, but SIMO does not assume any liability for users.
13. Jurisdiction and application of law
13.1. This Agreement shall be governed by the laws of Hong Kong Special Administrative Region (“HKSAR”) without reference to its conflict of law or choice of law principles. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by HONG KONG INTERNATIONAL ARBITRATION CENTER (‘HKIAC’) under the arbitration rules in force by three arbitrators when the Notice of Arbitration is submitted. The seat of arbitration shall be HKSAR. The arbitration awards shall be final and binding. Any dispute, controversy, difference or claim arising out of or in connection with this Agreement shall be resolved by amicable negotiation; and in cases where amicable negotiation fails, the user agrees to submit the dispute or controversy to the people’s court in the place where this Agreement has been executed.
13.2. No matter any terms of this agreement are invalid or not enforceable for any reason, the remaining terms are still valid and binding on both parties.
13.3. The ultimate interpretation right of this agreement are owned by SIMO Company, and SIMO Company reserves all the rights of interpretation and amendment. This agreement is applicable from the date of 2018-01-01.
Supplementary Agreement: SIMO Asset Transfer Service Agreement
Welcome to use SIMO Asset Transfer Service!
In order to use SIMO Asset Transfer Service (hereinafter referred to as “Service”), the user is required to discreetly read and fully understand the following terms and conditions as set forth herein, especially the exemptions and limitations as well as the separate agreements in activating or using certain specific services, and give explicit option of acceptance or non-acceptance.
Unless the user has read and accepted all terms and conditions as set forth herein, no Service will be provided. The use of this Service shall be deemed as read and acceptance of these terms and conditions of this Agreement with legally binding effect.
For users under 18 years old, legal guardian accompany is required in reading this Agreement as well as other agreements, which extra attention shall be given to the minor usage clauses.
1. Scope of the Agreement:
This agreement (“Agreement”) is entered into by and between user and SIMO for using the Service as well as other SIMO’s services.
2.1 The Service shall refer to freezing or transferring assets from a SIMO account to other SIMO account based on information and data provided by user under the circumstance where the user has failed to log into his/her SIMO account due to forgetting, loss or other reasons.
2.2 SIMO Asset Transfer shall refer to SIMO asset freezing or transferring provided by SIMO to its users for users’ continuous use of SIMO services.
3. SIMO Account Identification Verification Procedure
3.1 In cases where there is any failure in logging into SIMO’s account due to forgetting, loss or other reasons, the user shall conduct identification verification via asset transfer service.
3.2 All information provided and submitted during the use of the Service shall be authentic, legitimate and valid.
3.3 The user shall provide the pertinent information as required, and in cases where no such information can be provided, it shall be deemed that the user has given up on freezing or transfer; and information includes but not limited to:
（1）Mobile phone number tied to the KYC verification;
（2）Verification code received by the KYC tied mobile phone number;
（3）Name filled in the KYC verification;
（4）Date of birth filled in the KYC verification;
（5）Date of last purchase of deal set; and
（6）Name of the last purchased deal set.
3.5 Upon the provision of the above-mentioned information and acceptance of this Agreement, SIMO will commence to process account identification verification application of comparing and matching between the submitted information and its database, and the result of verification will be given based on the information matched. In normal circumstances, SIMO will complete verification 36 hours (working hours, based on Beijing time) upon the receipt of application with E-mail notification, except for the users who have been notified via phone.
3.6 In cases where user is able to provide the mobile phone number tied to the KYC verification with verification code received from this mobile phone number, the verification process will pass.
In cases where no such KYC verification tied mobile phone number can be provided, the application on asset transfer will be declined;
In cases where no verification code can be provided to the KYC verification tied mobile phone number, SIMO will require the user to provide item 3, 4, 5 and 6 as set forth in Clause 3.3 herein for verification; and if two or more answers to these questions are not matching or missing, the application of asset transfer will be declined; however, the application will be granted if only one or less one answer is not matching or missing.
3.7 In no circumstance, SIMO guarantees that user would definitely be able to freeze or transfer the assets under SIMO account. If the identification verification succeeds, new SIMO account may be provided to accept the asset transferred; alternatively, the user may apply for temporary freeze where asset transfer can be completed when the user is equipped with another SIMO-supportive phone.
4. User’s Instructions
4.1 User shall guarantee the authenticity, legitimacy and validity of the information provided to SIMO, which the user understands the critical importance of such information towards retrieval of SIMO account. User shall bear any loss and damage derived from or caused by provision of false information or divulge of personal information, including without limitation failure of retrieval of SIMO account, assets in SIMO account and other value-added service products as well as information stored in such account.
4.2 User understands and agrees that SIMO may accept any identification verification raised by any SIMO users. In order to keep the safety of the account, user is required to take necessary and effective measures to protect accounts and to prevent the account from illegal access. User guarantees and undertakes that he/she shall only raise identification verification application to the account owned by himself/herself and shall not raise any identification verification application towards accounts of other user or assigned accounts.
4.3 In cases where SIMO account is involved in administrative, juridical and criminal investigations as well as legal proceedings, SIMO may freeze the account in question temporarily, during which, no user shall request identification verification where SIMO shall have the right to not reject any application or claim.
4.4 In cases where SIMO account and assets have been frozen or restored due to violation of law, regulations, this Agreement and the pertinent SIMO service terms, no user shall apply for retrieving or transferring service and SIMO shall have the right to reject any application or claim.
5. Legal Responsibilities, Limitations and Indemnifications
5.1 In order to enhance customer experience and optimize service, SIMO shall have the rights, from time to time and at its sole discretion, to amend or modify the Service functionalities and rules without notifying users; and if it is necessary, amendment or modification will be published on the SIMO App and/or SIMO webpage simo.co.
5.2 In cases where user breaches or violates law, regulations, this Agreement as well as terms and conditions in connection with SIMO’s services, SIMO shall have the right to restrain or terminate any services based on SIMO’s sole discretion. User shall bear any and all loss and damage as well as any claims and/or request from any third party (including without limitation: identification verification failure, user’s information, E-mails, clearance on SIMO assets and data).
5.3 User shall indemnify and hold harmless of SIMO and its officers, directors, agents, employees, professional advisers, attorney and accountants from and against all liabilities, claims, demands, causes of action, costs and expenses (including, without limitation, attorneys’ fees, court costs and other expenses) arising out of or in connection with (a) the performance of this Agreement, or (b) the performance of other agreements in connection with this Agreement; or (c) any breach of this Agreement by user.
6. Force Majeure
6.1 SIMO shall not be held liable by user for any failure in the performance of any of its obligations under this Agreement to the extent that such failure is attributable to the occurrence of Force Majeure.
6.2 For the purpose of this Agreement, “Force Majeure” shall be defined as any event occurring beyond the reasonable control of SIMO, including but not limited to act of God, flood, fire, earthquake, war, riot, civil commotion, strike, terrorism, breakout of severe epidemic disease, or any amendments/changes in law, regulations as well as government policies which prevents or restricts SIMO from performing its obligations hereunder.
7. Miscellaneous Provisions
7.1 Using Service shall be deemed as the user has read and accepted the terms and conditions of this Agreement. SIMO shall have the right, at its sole discretion, to amend or modify the terms and conditions of this Agreement from time to time. The latest version of the agreement may be found at the pertinent website in connection with the Service. Upon the publicity of the amendment/modification of the terms and conditions of this Agreement through SIMO App and/or SIMO website, using this Service shall be deemed as the user has accepted the amended/modified terms and conditions.
7.2 This Agreement shall be governed by the laws of Hong Kong Special Administrative Region (“HKSAR”) without reference to its conflict of law or choice of law principles. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by HONG KONG INTERNATIONAL ARBITRATION CENTER (‘HKIAC’) under the arbitration rules in force by three arbitrators when the Notice of Arbitration is submitted. The seat of arbitration shall be HKSAR. The arbitration awards shall be final and binding. Any dispute, controversy, difference or claim arising out of or in connection with this Agreement shall be resolved by amicable negotiation; and in cases where amicable negotiation fails, the user agrees to submit the dispute or controversy to the people’s court in the place where this Agreement has been executed.
7.3 Heading or titles contained in this Agreement are used for convenience only and not be used in the construction or interpretation of this Agreement.
7.4 In the event that any provision of this Agreement shall become illegal or unenforceable, in whole or in part, the remaining provisions in this Agreement shall nevertheless be valid, binding and enforceable in accordance with their terms.
7.5 The copyright of this Agreement shall exclusively belong to SIMO, and all terms and conditions are subject to SIMO’s interpretation.
SimoTek Holding Inc.
July 1, 2019