FiTuner Mobile Application End User License Agreement (EULA)

Last Updated: November 16, 2024

This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you and Zhengyuan Xie (“Zhengyuan Xie,” “he,” “his” or “him”). This Agreement governs your use of FiTuner Mobile Application (“Application”). This Custom End User License Agreement supersedes any End User License Agreement provided by any Application Store. The Application is licensed, not sold, to you.

BY INSTALLING THIS APPLICATION, YOU CONFIRM THAT: (A) YOU’VE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS. (B) YOU’RE AT LEAST 18 YEARS OLD OR HAVE PARENTAL/GUARDIAN CONSENT IF YOU’RE YOUNGER. (C) YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DISAGREE WITH THESE TERMS OR LACK THE NECESSARY CONSENT, PLEASE DON’T USE THE APPLICATION AND REMOVE IT FROM YOUR DEVICE.

1. License Grant. Subject to the terms of this Agreement, Zhengyuan Xie grants you a non-transferable, non-exclusive and non-sublicensable license to:

1.1  download, install, and use the Application for your personal, non-commercial use on a mobile device, tablet, or computer owned or otherwise controlled by you (“Device”) strictly in accordance with the Application’s documentation.

1.2  This license will also govern any updates of the Application provided by Zhengyuan Xie that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2. Restrictions of Use. Except as may be expressly permitted by applicable law or expressly authorized by the Application, you shall not: 

2.1  You may not share or make the Application available to third parties (unless with Zhengyuan Xie's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application; 

2.2  You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Zhengyuan Xie's prior written consent);

2.3  You may not copy or alter the Application or portions thereof. You may create and store copies only on devices that you own or control for backup keeping under the terms of this license, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Application from the Devices before doing so;

2.4  Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages;

2.5  Zhengyuan Xie reserves the right to modify the terms and conditions of licensing;

2.6  Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that you comply with applicable third-party terms and conditions.

3. Technical Requirements.

3.1  The Application requires a firmware version 17.0 (iOS) or higher. Zhengyuan Xie recommends using the latest version of the firmware.

3.2  Zhengyuan Xie attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.3  You acknowledge that it is your responsibility to confirm and determine that the app end-user device on which you intend to use the Application satisfies the technical specifications mentioned above.

3.4  Zhengyuan Xie reserves the right to modify the technical specifications as it sees appropriate at any time.

4. Reservation of Rights. You agree that the Application is licensed to you, not sold. You don’t own the Application. You can only use it as permitted under this agreement, and you must pay any applicable fees. The creators of the Application retain all rights to the Application, including copyrights and trademarks, except for the limited rights granted to you. You can’t remove any copyright or trademark notices from the Application.

5. Your Information. You acknowledge that when you download, install, or use the Application, you consent to all actions taken by Zhengyuan Xie with respect to your information in compliance with the Privacy Policy.

6. Updates. Zhengyuan Xie may from time to time in his sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Zhengyuan Xie has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

6.1  the Application will automatically download and install all available Updates; or

6.2  you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

7. Term and Termination.

7.1  The term of Agreement commences when you download the Application and will continue in effect until terminated by you or Zhengyuan Xie as set forth in this 7.

7.2  You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.

7.3  Zhengyuan Xie may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

7.4  Upon termination:

7.4.1  all rights granted to you under this Agreement will also terminate; and

7.4.2  you must cease all use of the Application and delete all copies of the Application from your Mobile Device.

7.5  Termination will not limit any of Zhengyuan Xie’s rights or remedies at law or in equity.

8. Disclaimer of Warranties. THE APPLICATION IS PROVIDED AS-IS, WITH NO WARRANTIES. ZHENGYUAN XIE AND HIS PARTNERS MAKE NO PROMISES ABOUT THE APPLICATION. THEY DON'T GUARANTEE THAT IT WILL WORK AS EXPECTED, BE COMPATIBLE WITH OTHER SOFTWARE, OR BE FREE OF ERRORS. THEY ALSO DON'T PROMISE TO PROTECT YOUR DATA FROM LOSS OR THEFT. YOU USE THE APPLICATION AT YOUR OWN RISK.  

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 

9. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZHENGYUAN XIE OR HIS AFFILIATES, OR ANY OF HIS RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION FOR:

9.1  PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

9.2  DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. 

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ZHENGYUAN XIE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

10. Indemnification. You agree to protect Zhengyuan Xie and his partners from any legal claims, costs, or damages that arise from your use of the Application or your violation of this agreement.

11. Export Regulation. The Application may be subject to Chinese export laws. You agree not to export or share the Application with anyone in countries where it's prohibited. You must follow all export laws and get any necessary permits before exporting the Application outside of China. 

12. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

13. Governing Law. This agreement is subject to Chinese law. Any legal disputes related to this agreement or the Application must be resolved in the courts of Shanghai, Putuo District. You agree to this jurisdiction.

14. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15. Entire Agreement. This Agreement and the Privacy Policy constitute the entire agreement between you and Zhengyuan Xie with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. 

16. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.