User Agreement (Software License Agreement and Service Agreement)
Please read this Software License and Service Agreement (this “Agreement”) carefully and ensure you fully understand its contents.
Users should pay particular attention to the terms regarding limitations of liability, dispute resolution, and applicable laws. These important terms regarding exclusions or limitations of liability are highlighted in bold.
Please review and choose to either accept or decline this Agreement. If you are a minor, you must be accompanied by a legal guardian while reading this Agreement. By downloading, installing, and using the software, as well as accessing and logging into your account, you indicate your acceptance of this Agreement and agree to be bound by its terms.
Biosense Co. Ltd. reserves the right to modify this Agreement at any time. If the terms of this Agreement are updated, the revised version will be published on the official website, app store, or within the software, and will take effect from the date of publication. Major application stores may require you to re-download and install the software or view the latest version of this Agreement.
If you do not accept the revised terms after Biosense Co. Ltd. updates this Agreement, you must immediately stop using the “Smart Rosary Ring” software and services. Continuing to use the “Smart Rosary Ring” software and services will be considered as your acceptance of the updated terms of this Agreement.
1. General Terms
1.1. This Agreement is between you (hereinafter referred to as “User”) and Biosense Co. Ltd., along with its operating partners (hereinafter referred to as “Partners”), for the User to download, install, and use the Smart Rosary Ring Software (hereinafter referred to as “Software”) and agree to use the related Smart Rosary Ring services.
1.2. The software and services provided by Biosense Co. Ltd., and installed on mobile smart devices, include, but are not limited to, synchronization of data collected by Smart Rosary Ring products and tracking of athletic information.
1.3. The ownership and operating rights of the software and services shall remain with Biosense Co. Ltd..
2. Software License Scope
2.1. Biosense Co. Ltd. grants users a personal, non-transferable, and non-exclusive license to use the software. However, users do not have the right to sublicense the software.
2.2. Users may install, use, display, and execute the software for non-commercial purposes on a single mobile device. However, users are prohibited from installing, using, or executing the software for commercial purposes. Users must not copy, alter, or modify any software data, any data sent to the memory of any terminal device when the software is executed, or any interactive data generated between the end user and the server during software use. Users may not use plugins to execute the software, create any derivative works (including but not limited to plugins), or access the software and related systems through unauthorized third-party tools or services. If users wish to sell, copy, or distribute the software for commercial purposes (e.g., pre-installation or bundled sales), they must obtain written authorization from Biosense Co. Ltd..
2.3. Users may not install the software on any other terminal devices not explicitly authorized by Biosense Co. Ltd., including but not limited to set-top boxes, game consoles, televisions, and DVD players, without Smart Rosary Ring permission.
2.4. Users may store copies of the software solely for backup purposes, but the backup copy must retain all copyright information present in the original software.
2.5. Except as expressly authorized by this Agreement, Biosense Co. Ltd. does not grant users any other rights. If the user wishes to exercise any other rights, they must obtain prior written consent from Biosense Co. Ltd..
3. Software Acquisition, Installation, and Upgrade
3.1. Users should download and install the software only from the website designated by Biosense Co. Ltd. or other sources explicitly authorized by Biosense Co. Ltd.. Users are advised against downloading software from unauthorized websites to prevent the risk of malicious software that could harm the device or compromise user data and privacy. If the software or installer with the same name is acquired from an unauthorized third party, Biosense Co. Ltd. cannot guarantee its functionality and will not be responsible for any loss or damage incurred.
3.2. Users must select the correct software version that is compatible with their terminal device. If the software version does not match the device model, any resulting issues or damage will be the user’s responsibility.
3.3. To enhance the user experience and optimize service offerings, Biosense Co. Ltd. reserves the right to provide software replacements, modifications, and upgrades. Biosense Co. Ltd. may charge fees for these updates, but such fees will only be applied with prior user consent. By default, the software will enable the “upgrade prompt” feature. Depending on the user’s software version, Biosense Co. Ltd. may allow the user to decide whether to enable or disable this feature. After a new software version is released, Biosense Co. Ltd. does not guarantee the continued availability or support of older versions.
4. Terms of Use
4.1. Users’ use of the software and services is governed by this Agreement and applicable law. Users are prohibited from engaging in the following activities:
4.1.1. Removing any copyright information from the software or other copies, or modifying, deleting, or circumventing technical measures implemented by the software to protect intellectual property rights;
4.1.2. Performing reverse engineering on the software, including cracking, decompiling, or attempting to obtain the software’s source code;
4.1.3. Adding, deleting, or changing the software’s functions or performance by modifying or forging instructions and data during execution, or otherwise operating or publicly distributing the software for such purposes, whether for commercial use or not;
4.1.4. Using the software to engage in activities harmful to network security, including but not limited to unauthorized access to data or servers/accounts; unauthorized access to public networks or other operating systems; deleting, modifying, or adding stored data; attempting to detect, scan, or test weaknesses in the software system or network; or disrupting the normal operation of the software or website by intentionally disseminating malware, viruses, or performing actions that interfere with normal network services. This also includes falsifying the name or partial name of a TCP/IP packet;
4.1.5. Logging into or using the software and services, or creating, publishing, or distributing these tools through third-party compatible software or systems that are not developed, licensed, or approved by Biosense Co. Ltd.;
4.1.6. Without Biosense Co. Ltd.’s written permission, performing any operations on the software or its data, including but not limited to using, leasing, loaning, copying, modifying, creating links, remaking, editing, releasing, publishing, creating mirror points, or otherwise using the software or its related services, plug-ins, compatibility, or interconnection in unauthorized ways;
4.1.7. Using the software to publish, transmit, broadcast, or store content that violates national laws, threatens national security, undermines social stability, or disrupts public order. This includes inappropriate, insulting, obscene, or violent content, or content that violates national laws and regulations;
4.1.8. Using the software to publish, transmit, broadcast, or store content that infringes the intellectual property rights or trade secrets of others;
4.1.9. Using the software to distribute, transmit, or broadcast advertising data or spam;
4.1.10. Using the software or services provided by Biosense Co. Ltd. in any unlawful manner, for illegal purposes, or in a way inconsistent with the terms of this Agreement.
4.2. Terms of Data Release
4.2.1. You may use the software to publish data that you have created or are authorized to share, such as opinions, text, data, user names, images, photos, personal data, audio or video files, links, etc. You must ensure that you have the intellectual property rights or legal authorization to upload such data, and that your use of the software and services does not infringe the legal rights of any third party.
4.2.2. When using the software, you must comply with relevant laws and regulations.
4.2.3. You may not:
4.2.3.1. Distribute, transmit, broadcast, or store content that infringes on others’ legitimate rights, such as reputation, portrait rights, intellectual property rights, or trade secrets;
4.2.3.2. Fabricate facts or conceal the truth to mislead or deceive others;
4.2.3.3. Post, transmit, or broadcast advertising data or spam;
4.2.3.4. Engage in any other actions that violate laws, regulations, policies, public order, or social ethics.
4.2.4. You may not engage in any commercial activities within the software, such as advertising or selling merchandise, without Biosense Co. Ltd.’s permission.
4.3. User Understanding and Agreement
4.3.1. Biosense Co. Ltd. will assess whether a user is suspected of violating the above usage terms and may suspend or terminate the user’s license based on the findings, or take other restrictive actions in accordance with this Agreement.
4.3.2. Biosense Co. Ltd. reserves the right to delete any data that is suspected of being illegal or infringing on the legal rights of others, or that violates this Agreement, when users use the licensed software.
4.3.3. If you violate the terms of use and cause damage to a third party, you are solely responsible for such damages and must indemnify Biosense Co. Ltd. from any resulting losses or costs.
4.3.4. You agree to indemnify and hold Biosense Co. Ltd. harmless from any damages, third-party claims, administrative penalties, or expenses (including reasonable attorneys’ fees, investigations, and evidence collection) resulting from any violation of law or breach of this Agreement.
5. Privacy Policy and Personal Data Protection
5.1. Biosense Co. Ltd. takes the protection of personal data very seriously. In order to provide software functionality and enhance the user experience, Biosense Co. Ltd. collects the following types of data:
5.1.1. Personal Information: We may collect and use your email address, avatar, nickname, gender, birthday, height, weight, time zone, language, and region to create and manage your account.
5.1.2. Body Data: When using Smart Rosary Ring, we may request information such as your birthday, height, weight, and gender to calculate exercise results.
5.1.3. Device Log Data: When you use Smart Rosary Ring to synchronize data from your device, we record personal information, including but not limited to activity data, sleep patterns, and heart rate information.
5.1.4. Incoming Call Information: If you use the incoming call and SMS alert functions, Biosense Co. Ltd. may collect information about incoming calls and SMS messages. If granted, we may display contact data when calls or messages are received, but Biosense Co. Ltd. does not store your contacts or related information.
5.1.5. Mobile Device Information: To ensure compatibility with your device, we collect information about your mobile phone’s operating system version, brand, and model.
5.1.6. Network Usage Data: We may collect data related to network types, signal strength, and other information relevant to specific Smart Rosary Ring features.
5.1.7. Location Data: If you use location-based services or features (e.g., tracking running data, using location-based broadcasting, weather features, or map requests), Biosense Co. Ltd. may collect location data to provide you with accurate, real-time content.
5.1.8. Log Information: Our servers automatically record certain data when you browse Smart Rosary Ring, including but not limited to your IP address, browser type, browser language, referral source page, operating system, timestamp, and clickstream data.
5.1.9. Device Information: When you connect hardware devices to Smart Rosary Ring, data such as the device’s unique identifier, firmware version, and approximate geographic location (non-personal data) will be sent to our servers. This may also apply to system updates, software restoration, or factory resets.
5.1.10. Debugging Information: If you choose to upload debugging information to help us analyze problems, your debugging data will be transmitted to our server.
5.2. Biosense Co. Ltd. collects, uses, and protects your data in accordance with our Privacy Policy.
6. Service Risk and Disclaimer
6.1. Users are responsible for purchasing the necessary devices for internet access and for using telecommunications value-added services through their mobile terminal devices. Users must bear the costs associated with connecting their communication terminal device to the internet, including any fees charged by third parties (e.g., telecommunications or mobile communication operators), data costs, and related expenses. If users require telecommunication value-added services, we recommend confirming charges with the respective service operators.
6.2. Neither Biosense Co. Ltd. nor its partners will be held liable for any loss incurred by users due to third-party factors, such as communication network failures, technical issues, network or device malfunctions, system failures, or any other force majeure events.
6.3. Like most other internet-based software, Smart Rosary Ring may be affected by various factors, including but not limited to user issues, web service quality, and differences in the social environment. The software may also be vulnerable to security issues, such as unauthorized use of user data, or the presence of trojans and viruses from other software or websites that compromise the user’s device and data security, thus affecting the normal functioning of the software. Users should enhance their awareness of information security, protect their data, and take steps to safeguard their passwords to prevent loss or nuisance.
6.4. When using the software or requesting specific services from Smart Rosary Ring, the software may call third-party systems or software to support the user’s usage or access. Biosense Co. Ltd. does not guarantee the safety, accuracy, or effectiveness of the results obtained from these third-party systems or software, nor does it guarantee against any other uncertain risks. Biosense Co. Ltd. will not be responsible for any disputes or losses that arise from such third-party involvement.
6.5. Biosense Co. Ltd. reserves the right to modify, suspend, or discontinue services at any time without prior notice and without liability to users or any third parties, in order to protect the company’s business development and adjust its autonomy.
6.6. In addition to the guarantees stipulated by laws and regulations, Biosense Co. Ltd. will make every effort to ensure that the software, technologies, and information are safe, effective, accurate, and reliable. However, due to existing technical limitations, users understand that Biosense Co. Ltd. cannot provide absolute guarantees.
6.7. Users will be solely responsible for personal injury, accidents, consequential losses, loss of profits, loss of data, business interruptions, or other commercial damages resulting from or related to the following:
- Use or failure to use the licensed software;
- Unauthorized use of the software by third parties or modification of user data;
- Costs and losses incurred during the use of the software;
- Misunderstandings regarding the software;
- Other losses related to the software that are not caused by Smart Rosary Ring.
6.8. If a user or another party takes any action through the software that results in personal injury or property loss, or is misled or defrauded, the responsible party shall bear all liability arising from such actions.
7. Intellectual Property Declaration
7.1. Biosense Co. Ltd. holds the intellectual property rights to this software. All copyrights, trademarks, patents, trade secrets, and other intellectual property rights related to the software, as well as all content associated with the software (including but not limited to text, images, audio, video, graphics, interface design, configuration, data, and electronic documents), are protected under the laws of the People’s Republic of China and relevant international agreements. Biosense Co. Ltd. holds these intellectual property rights.
7.2. Without prior written consent from Biosense Co. Ltd., users may not use, transfer, or allow any third party to use any of the aforementioned intellectual property rights for any commercial or non-commercial purposes. Biosense Co. Ltd. reserves the right to pursue legal action for any unauthorized use or transfer of these rights.
8. Revision
8.1 Biosense Co. Ltd. reserves the right to modify the terms of this Agreement at its sole discretion. Any revisions will be promptly posted on the relevant webpage. If you disagree with any amendments, you must proactively cancel the relevant service. Continued use of the service will be deemed as acceptance of the revised agreement.
8.2 Biosense Co. Ltd. or its partners reserve the right to modify or change any paid service, pricing standards, payment models, service fees, or terms of service at their sole discretion. In the future, Biosense Co. Ltd. may introduce charges for certain services. If the user refuses to pay the associated fees, they will no longer be able to access the affected services once billing begins. Biosense Co. Ltd. and its partners will make reasonable efforts to notify users of any changes or updates via email or other means.
9. Applicable Law and Dispute Resolution
9.1 The validity and interpretation of this Agreement are governed by the laws of the Republic of Korea. In the absence of relevant legal provisions, international commercial practices and/or general commercial principles may be referred to.
9.2 This Agreement is deemed to have been signed in the Seoul, Republic of Korea..
9.3 Both Users and Biosense Co. Ltd. agree to attempt to resolve any disputes arising from this service through mutual negotiation. If such negotiations fail, either party may submit the dispute to the competent local court in the jurisdiction where this Agreement was signed.
10. Other matters
10.1 For any specific services offered by the software or independent agreements with related commercial terms (hereinafter collectively referred to as “Independent Agreements”), please read and agree to the relevant Independent Agreements before using these services.
10.2 This Agreement shall become effective on January 01, 2025.
10.3 The headings of the clauses in this Agreement are provided for convenience only and should not be considered when interpreting the provisions of this Agreement.
10.4 If any provision of this Agreement is deemed invalid or unenforceable for any reason, the remaining terms of this Agreement will remain in full force and effect and will continue to be binding on both parties.