User Agreement
(Including: Software License Agreement, Service Agreement)
Update Date: April 1, 2025
Effective Date: April 1, 2025
[Important Notice]
“BENIO” kindly requests users to carefully read and fully understand the Software License and Service Agreement (hereinafter referred to as the Agreement). Users should thoroughly review all terms of this Agreement, particularly those regarding exclusions or limitations, dispute resolution, and applicable law. Please pay special attention to the clauses on exclusions or limitations highlighted in bold. You must carefully read and choose whether to accept this Agreement (minors must be accompanied by their legal guardians when reading it). By downloading, installing, and using the software, or by accessing and logging into your account, you hereby agree to accept this Agreement and are bound by its terms.
“BENIO” reserves the right to amend this Agreement. Any updates to its terms will be published on the official website, app store, or software platform and take effect immediately upon release. Users may download and install the updated version from major app stores or review the latest agreement terms. If you do not accept the amended terms after “BENIO” makes changes, you must immediately cease using the App and related services provided by “BENIO”; continued use shall constitute acceptance of the revised terms.
1. General Terms
1.1. This Agreement is the agreement between you (hereinafter referred to as the User) and “BENIO” and its operating partners (hereinafter referred to as the Partners) regarding the User's downloading, installation, and use of the “BENIO” Software (hereinafter referred to as the Software) and the use of “BENIO”-related services.
1.2. The software and services are provided by “BENIO” and are installed on (including but not limited to) mobile smart devices for synchronizing data collected by the “BENIO” product and tracking exercise information.
1.3 Ownership and operational rights of all software and services shall belong to “BENIO”.
2. Scope of Software License Authorization
2.1. “BENIO” grants users a personal, non-transferable, and non-exclusive license to use the software; however, users have no right to grant further licenses.
2.2. Users may install, use, display, and execute software on mobile devices for non-commercial purposes only. However, users are prohibited from installing, using, or executing the software for commercial operations. Users shall not copy, modify, or alter any data within the software, any data transmitted to a terminal device's memory during software execution, interaction data generated between clients and servers during software operation, use plugins to execute the software, create any derivative works (including but not limited to plugins), or access the software and related systems via unauthorized third-party tools or services. If you intend to sell, copy, or distribute the software for commercial purposes—such as through pre-installation or bundled sales—you must obtain written authorization and license from “BENIO”.
2.3. Without the explicit permission of “BENIO”, users shall not install the software on any other terminal devices not expressly authorized by “BENIO”, including but not limited to set-top boxes, gaming consoles, televisions, DVD players, etc.
2.4. Users may store copies of the software for using the software and services, but only for backup purposes. Backup copies must include all copyright information of the original software.
2.5 Unless expressly authorized herein, “BENIO” does not grant users any additional rights. If users intend to exercise any other rights, they must obtain prior written consent from “BENIO”.
3. Software Acquisition, Installation, and Updates
3.1. Users shall download and install the software from the website specified by “BENIO” or via the method designated by it. Please avoid downloading the software from non-designated websites to prevent mobile devices from being infected with malware that may compromise user data or access private information. If you obtain software or installation programs bearing the same name as the official software from a third party not authorized by “BENIO”, “BENIO” cannot guarantee their proper functionality and assumes no liability for any resulting losses.
3.2. Users must select a software version compatible with the installed terminal device. Otherwise, any software issues, device malfunctions, or damages resulting from a mismatch between the software version and the device model shall be borne solely by the user.
3.3. To enhance user experience and optimize service offerings, “BENIO” reserves the right to replace, modify, or upgrade the software versions and may charge fees for such actions, provided that such charges require prior user consent. The software defaults to enabling the Upgrade Notification feature; users may choose whether to activate it based on their current software version. Upon release of a new software version, “BENIO” does not guarantee compatibility with older versions.
4. Usage Specifications
4.1 Users shall comply with this Agreement and applicable laws when using the Software and Services. Users shall not engage in any of the following behaviors:
4.1.1. Remove all copyright information from the software and its copies, or modify, delete, or circumvent technical measures employed by the software to protect intellectual property rights;
4.1.2. Perform reverse engineering on the software, such as cracking, decompiling, or other attempts to obtain its source code;
4.1.3. Modifying or forging instructions and data during software execution to add, remove, or alter the software's functionality or performance; operating the software in any other manner for such purposes; or disseminating related methods to the public, regardless of commercial use.
4.1.4. Using the software to engage in any behavior detrimental to network security, including but not limited to: utilizing unauthorized data or accessing unauthorized servers/accounts; unauthorized access to public networks or other operating systems, and deleting, modifying, or adding stored data; attempting without authorization to detect, scan, or test vulnerabilities in software systems or networks, or performing other actions that compromise network security; attempting to disrupt or interfere with the normal operation of software systems or websites, intentionally spreading malware or viruses, or engaging in other activities that impair or disrupt normal network information services; forging the names or partial names of TCP/IP packets;
4.1.5. Users shall not log in to or use the Software and Services, nor create, publish, or disseminate the aforementioned tools, through third-party compatible software or systems that have not been developed, authorized, or approved by “BENIO”.
4.1.6. Without the written permission of “BENIO”, users shall not perform any actions regarding the software or the data contained therein, including but not limited to use, lease, lend, copy, modify, create links, remake, edit, publish, distribute, establish mirror sites, or unauthorized use of software-related derivatives, works, services, plugins, compatibility features, or interconnections.
4.1.7. Using the software to publish, transmit, disseminate, or store content that violates national laws, endangers national security, social stability, or public order; any inappropriate, offensive, obscene, or violent content; or content that contravenes national laws and regulations.
4.1.8. Using software to publish, transmit, disseminate, or store content that infringes upon others' legal rights, including intellectual property rights and trade secrets;
4.1.9. Using software to batch publish, transmit, or disseminate advertising data or spam;
4.1.10. Using the software and other services provided by “BENIO” in any illegal manner, for any illegal purpose, or in any way inconsistent with the licensing terms under this Agreement;
4.2 You understand and agree:
4.2.1. “BENIO” shall determine whether the user is suspected of violating the aforementioned usage terms and, based on the determination, suspend or terminate the grant of usage permission to you, or impose other restrictive measures under this Agreement;
4.2.2. “BENIO” shall immediately delete any data published by users while using the licensed software that is suspected of being illegal, infringing upon others' legitimate rights, or violating this Agreement;
4.2.3. If you violate the aforementioned usage terms and cause harm to a third party, you shall bear independent liability in your own name and indemnify “BENIO” from any resulting losses or expenses.
4.2.4. The User shall compensate “BENIO” for all losses, third-party claims, administrative penalties, damages and/or expenses (including reasonable attorney fees, investigation costs, and evidence collection expenses) incurred as a result of its violation of applicable laws or this Agreement, and shall indemnify “BENIO” from such losses.
5. Privacy Policy and Personal Data Protection
5.1 Protecting your personal information is important to us. We collect, use, and protect your data in accordance with our privacy policy; you can review the relevant details in our privacy policy.
6. Service Risks and Disclaimers:
6.1. Users must purchase the necessary devices for internet access and use telecommunications value-added services via mobile terminals, and shall bear all communication fees, data charges, and related expenses incurred from connecting their personal mobile devices to the internet or charged by third parties (including but not limited to telecommunications and mobile operators). For any telecommunications value-added services required, please confirm the applicable fees with the respective service provider.
6.2. Neither “BENIO” nor its partners shall be liable for any losses incurred by users due to reasons beyond their control, such as communication network failures, technical issues, malfunctions of network or mobile devices, system failures, or other force majeure events.
6.3. Like most other internet applications, this software may be affected by various factors, including but not limited to user behavior, network service quality, and regional environmental differences. It may also encounter security issues such as unauthorized access to user data causing disruptions in daily life, or the presence of malware and viruses in downloaded/installed software or visited websites, which compromise device data security and impair normal functionality. Users should enhance their awareness of information security and data protection, and strengthen password security measures to prevent data loss and unnecessary inconveniences.
6.4. When users utilize this software or request specific services from “BENIO”, the software may invoke third-party systems or software to support user functionality or access. The outcomes of such usage or access shall be provided by third parties. “BENIO” makes no warranty regarding the security, accuracy, or validity of results obtained through such support, nor any other potential risks; and shall not be liable for any disputes or losses arising therefrom.
6.5. “BENIO” hereby specifically reminds customers that, to protect the company's business development and operational autonomy, “BENIO” reserves the right to modify or suspend services at any time without prior notice and shall not be liable to users or any third parties for such actions.
6.6. Unless otherwise expressly stipulated by laws and regulations, we shall endeavor to ensure that the software and related technologies are secure, effective, accurate, and reliable; however, given current technological limitations, users acknowledge that “BENIO” cannot guarantee these aspects.
6.7. For profit losses, data loss, operational disruptions, or other business damages arising from or related to the following causes, the User shall bear sole responsibility for personal injuries, accidents, or consequential losses. Relevant circumstances include, but are not limited to:
(1) Using or failing to use the licensed software;
(2) A third party uses the software without authorization or modifies user data;
(3) Costs and losses incurred by users during the use of this software;
(4) The user misunderstands this software;
(5) Other losses related to the software that are not attributable to “BENIO”.
6.8. If any personal injury or property loss occurs due to actions taken by the user or other software users through any software, or as a result of the user being misled or defrauded, the at-fault party shall bear all resulting liabilities.
7. Intellectual Property Statement
7.1. “BENIO” is the intellectual property holder of this software. All intellectual properties related to the software—including copyrights, trademarks, patents, trade secrets, and all associated information (including but not limited to text, images, audio, video, graphics, interface designs, configurations, data, or electronic files)—are protected by the laws of the People's Republic of China and applicable international agreements. “BENIO” holds ownership of all aforementioned intellectual properties.
7.2. Without the prior written consent of “BENIO”, users shall not, for any commercial or non-commercial purpose, independently or by permitting any third party, use or transfer any of the aforementioned intellectual property rights. “BENIO” reserves the right to pursue legal action regarding such actions.
8. Revision
8.1. “BENIO” reserves the right to amend the terms of this Agreement at its sole discretion from time to time; any amended terms shall be promptly published on the relevant website. If you disagree with any amendment, you must proactively terminate the relevant services. Continuing to use the Service constitutes acceptance of the amended Agreement.
8.2. “BENIO” or its partners reserve the right to modify or change, at their sole discretion and from time to time, the paid services provided, fee structures, charging models, service charges, or service terms. When providing services, “BENIO” may begin charging users certain current or future fees. If users refuse to pay such fees, they will be unable to continue using the relevant services after billing commences. “BENIO” and its partners shall make every effort to notify users of any amendments or changes via email or other means.
9. Applicable Law and Dispute Resolution
9.1 The validity and interpretation of this Agreement shall be governed by the laws of the People's Republic of China. In the absence of applicable legal provisions, reference may be made to International Commercial Measures and/or General Commercial Measures.
9.2. This Agreement is signed in Nanshan District, Shenzhen, China.
9.3. Both the User and “BENIO” agree that all disputes arising from this Service shall first be resolved through mutual consultation. If no agreement can be reached through consultation, either party may bring the dispute before a court with jurisdiction in the place where this Agreement is executed.
10. Other Matters
10.1. For any specific services provided by this software, separate agreements and related commercial terms may apply (collectively referred to as the Independent Agreements). Before using these specific services, please carefully review and agree to the relevant Independent Agreements.
10.2. This Agreement shall come into force on April 1, 2025.
10.3. All clause titles in this Agreement are for reference only and shall be disregarded when interpreting the Agreement.
10.4. If any provision of this Agreement is invalid, voidable, or unenforceable for any reason, the remaining provisions shall remain fully effective and binding on both parties.
