## Whereas

Please read these terms of this End-user License Agreement ("Agreement") carefully before using your Phicomm products. For the purpose of this agreement, "Phicomm products" is the Phicomm Wi-Fi router series including the device hardware, embedded Phicomm software, third party software, and any updates, upgrades, bug fixes or modified versions, and related websites, services, and documentation. This agreement is the legal agreement between you and Phicomm (shanghai) co., ltd., ("Phicomm, us, or we") governing your use of the Phicomm products. By using your Phicomm products, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, you should not use the Phicomm product.

This Agreement shall remain in effect as long as you use the Products. The Agreement includes End-user License and Protection of Privacy.

### Definitions

Account

In order to use the Products, you may be required to sign up for an "Account". An Account may contain verifiable personal data. You may not sign up using a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may only use the Product for your personal, non-commercial use. Your use must comply with all laws that apply to you. You may not use these Products if applicable laws prohibit such use.

Third-party service

"Third-party Services" means any other software, content, data, information, services, products or other items provided by third parties and made accessible to you through the Products. Third-party Services may or may not carry their own terms, conditions, privacy policies or other policies that may or may not be related to these Products.

User Content

"User Content" means any Content that is submitted, posted, displayed, transmitted, distributed or provided on or through the Products by you or is otherwise collected through your use of the Products including, without limitation, technical data and related information about your device, system and application software, and peripherals, geo-location, Point-of-Sale location details such as number of checkout terminals and total square feet, loading inventory, and IP address(es).

## End-user license

### User Content Concerned

You may provide User Content submissions to or through the Products in various ways. You own your personal submissions and device submissions, and Phicomm does not claim any ownership over them; however, you grant us certain rights in/to your personal submissions and device submissions, as outlined herein. You represent and warrant that you own or otherwise have all rights to such submissions and that disclosure and use of such submissions by Phicomm (including without limitation, publishing content on the Products) will not infringe or violate the rights of any third party.

You acknowledge that we have no obligation to maintain or persist your Personal Submissions or Device Submissions for any specified period of time, to guarantee access to these items, and have no liability for these items submitted to the Products that are or become unavailable through the Products. You hereby grant Phicomm a royalty-free, worldwide, sub-licensable, irrevocable, transferable, perpetual license to use or incorporate into the Products any suggestions, recommendations, enhancement requests, or other feedback that you provide to us relating to the Products.

### Restrictions

During your usage of the Products, you agree you may create connections between our hardware devices, third-party hardware devices, our software, third-party software, our services, and/or third-party services. You agree that you will not connect to the Products any hardware devices or third-party services in a manner that could be dangerous to any person(s), or which could cause damage to or loss of any property.

You must not:

· Infringes or violates the intellectual property rights or any other rights of anyone else;

· Uses the Products in any unlawful manner, for any unlawful purpose, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Product or any operating system;

· Transmits, stores, or publishes the personal information of other users, for example, accounts information;

· Attempts, in any manner, to obtain the password, account, or other security information from any other user;

· Violates the security of any computer network, or cracks any passwords or security encryption codes;

· Uses the Product in a way that could damage, disable, overburden, impair or compromise our operating systems, servers, security or interfere with other users.

### Alternation

The terms may change at any time as we improve and change our Products. In the event that we need to change the Products, we will place a notice in this Agreement and may also send you an email. If you do not agree with the terms of the updated term(s), you may reject them. However, you may not use the Products thereafter. Your continued use of the Products after a change of the Term(s) means that you agree to all of the changes.

### Termination

You are free to stop using the Products at any time. You understand and agree that we may or may not delete your content in the event that you stop using the Products. Account termination may result in destruction of any personal submissions and/or device submissions associated with your account; however, you understand and agree that we may retain copies of such content indefinitely. We may terminate this Agreement immediately without notice to you if you commit a material or persistent breach any of this Agreement.

If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.

### Third-Party Services

You accept that Phicomm is not responsible for the risks you take associated with links or connections to third-party applications or services. You understand that such Third-party Services may or may not carry their own terms, conditions, privacy policies or other policies that may or may not be related to these Products. We encourage you to be aware of such agreements when you connect Third-party Services to these Products. We cannot and do not have control over, nor do we assume any responsibility or risk for content, accuracy, practices, opinions, or policies of any third-party websites, applications, or services that you may be exposed to when you interact with the Products. Your interactions with third-party organizations and/or individuals found on or through the Products are solely between you and such organizations and/or individuals. You agree that we shall not be responsible for any liability for any loss or damage associated with any such interactions.

### Indemnification

You agree to defend, indemnify, and hold harmless Phicomm, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Product, or your violation of the Agreement.

You specifically acknowledge that Phicomm is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, Phicomm will have no liability to you or to any third party for any third-party content downloaded or otherwise accessible from or through the services.

### Exemption

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall Phicomm be liable to you or to any other person for any losses caused by failures, errors, delays or interruptions relating to the Products, or any matter beyond our reasonable control.

### Proper Law

These Terms are governed by and will be construed under the laws of the People's Republic of China, without regard to the conflicts of laws' provisions thereof. In the event of a dispute or claim the dispute or claim shall be submitted to (China International Economic and Trade Arbitration Commission) CIETAC in Beijing for arbitration which shall be conducted in accordance with CIETAC's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both.

## Protection of Privacy

### Processing of Personal Data and Privacy

During account registration or account update, the Personal Data can include your name, email address, shipping and billing address, mobile, home, work phone numbers, credit card information or credit card processing information, names you give to your locations, geo-fenced location, names of users for your account, device names, device location names, device group names, scene names, device images, location images, user images, device configuration details, third party account credentials, schedules for devices or groups, and names of schedules.

Your Personal Data may be provided to our partners for use in their promotional and/or marketing practices. We gather information about all of our users collectively, and not on an individual basis. We only use such data in the aggregate and anonymously.

### Unsolicited Submissions

We are welcome the comments regarding Phicomm and our Products. All information you submit including the comments, suggestions, ideas, concepts and data shall be deemed, and shall remain, our property, and we may use, copy, display, distribute, adapt, transfer or dispose of the information in any way and for any purpose as we may, in our sole discretion, determine appropriate. None of the information you submit shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any these information.

### Security

In order to prevent unauthorized access to your Account and Personal Data, you should select a strong password and protect it by limiting access to your computer or device and browser or application. If you use a third party service to sign into your account, you should protect that account accordingly as well.

While we always strive to protect the privacy of your Account and Personal Data in our records, we cannot always guarantee it will be completely secure. The security of your Personal Data may be compromised by unauthorized entry, unauthorized use, hardware failure, software failure, and other factors at any time.

### Teenager in particular

We do not knowingly collect personally identifiable information online from teenagers who are under 16 without parents' consent. In the event that we learn we have collected personal information from a teenager under 16, we will destroy that information as quickly as possible. We also encourage you to participate in your child's experience with our Products.

## General provisions

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Account, in any way (by operation of law or otherwise) without Phicomm's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

The terms may change at any time as we improve and change our Products. In the event that we need to change the Products, we will place a notice in this Agreement and may also send you an email. If you do not agree with the terms of the updated term(s), you may reject them. However, you may not use the Products thereafter. Your continued use of the Products after a change of the Term(s) means that you agree to all of the changes.