Dear user,

Welcome to MegaHealth.

The following terms in this MegaHealth Agreement (hereafter referred to as "Agreement") constitute a legally binding agreement between you and MegaHealth Technologies Co., Ltd. and its subsidiaries (hereafter referred to as "MegaHealth"). This Agreement stipulates your legal rights and responsibilities relating to the use of MegaHealth Health, and the relevant software, services and websites (hereafter referred to as "Service"). In this Agreement, "you" refers to any individual that uses and/or accesses this Service.

Before using this Service, you must agree to the terms in this Agreement, MegaHealth's Privacy Policy and any corresponding agreements made between you and MegaHealth (hereafter referred to as "Terms"). Please ensure that you read the following terms carefully and select the check box at the bottom to indicate that you have read and agree to these terms. If you do not agree to all or part of the terms, you will not be able to use, nor should you attempt to use this Service.

1. Data protection

MegaHealth respects and protects the personal privacy of all MegaHealth users as well as your personal information (such as your nickname, profile picture, gender, age, telephone number or email address) and your personal data (such as exercise, sleep, weight and heart rate data). MegaHealth will not disclose, transfer or provide such information to any third party without your prior consent unless relevant laws and regulations require its forceful disclosure. MegaHealth will not use, nor does it have the intention of using exercise, weight, sleep and/or other data stored on the cloud for other purposes. Information is only stored on the cloud to ensure data security.

2. Third-party services

Your carrier or other third parties may also provide corresponding products and services on MegaHealth's Health platform, such as third-party apps and service content. By using such third-party products and services, you acknowledge that you agree to the service terms stipulated by the third party. We strongly recommend that you read the content of third-party user agreements and privacy policies carefully. MegaHealth is neither entitled to nor obliged to control or censor the content of third-party products and services, therefore MegaHealth shall assume no liability in the event that your rights are infringed due to using such products and services.

3. Data authorization and collection

In order to provide you with a more stable product and customized service, MegaHealth and third-party service providers that cooperate with MegaHealth on MegaHealth will collect error information and/or data relating to your product. By selecting "Agree" in the popup message when launching the MegaHealth app or by using MegaHealth Health, you agree to and authorize MegaHealth to collect and analyze the following information:

(1) Device information, such as the phone operating system, phone language, device model, phone Internet connection mode and location information.

(2) App information, such as the app version, app download method, and the time that the app was opened or closed.

(3) Service data, such as app error information and service activation information.

(4) Personal data, including but not limited to exercise, sleep, weight and heart rate data. Please abide by Clause 2 in these Terms if you have agreed to third parties processing your information.

In order to prevent your data from being lost, MegaHealth will automatically enable the sync to cloud feature, which will upload your exercise, sleep, weight and heart rate data to the cloud at regular intervals. Data synced to the cloud cannot be deleted in batches and will be stored permanently. If you do not want your data to be uploaded to the cloud automatically, you can disable the auto-sync feature by selecting "Settings" in MegaHealth Health and then turning off the "Auto-sync" switch.

In order to improve your experience of using MegaHealth products, MegaHealth Health will automatically share the exercise and data that you have authorized MegaHealth to collect with other MegaHealth products by default, such as Smartcare. Likewise, other MegaHealth products related to and exercise (such as MegaHealth Wear) will by default share exercise and data that you have authorized MegaHealth to collect with MegaHealth Health. You can disable the automatic sharing of data between MegaHealth and other MegaHealth products at any time by selecting "Settings" in MegaHealth Health and then selecting the disable option in "Data sources".

In order to prevent unnecessary disturbances to you when using MegaHealth Health, please authorize MegaHealth to automatically enable and/or disable Bluetooth.

4. Risks and responsibilities

(1) You shall assume any risks associated with using MegaHealth's app. MegaHealth makes no warranties or representations of any kind, including that this Service and its results will satisfy your requirements or that the product's services will not be interrupted, and does not guarantee the security, accuracy, timeliness or legality of the results of this Service and its data. MegaHealth shall assume no legal liability for any circumstances that result in you not being able to use MegaHealth Health, including but not limited to faults with networks, communication lines, third-party websites and service providers. Unless expressly stated, the services that MegaHealth provides to you are free. However, some services may need to make or receive phone calls, access mobile data or send SMS messages. You may incur charges from third parties for these services. MegaHealth will not collect any information that reveals your personal identity unless you provide such information yourself.

(2) In the event that your behavior and/or uncontrollable
circumstances result in the disclosure or leakage, or the acquisition, use, or transfer by a third party of any information that may relate to your privacy or information which you believe to be private information, MegaHealth shall assume no liability and you shall be responsible for any adverse consequences.

(3) All data and results that appear in the MegaHealth app are for reference purposes only. We do not recommend using this information as a basis for medical treatment or as evidence of your state of health. MegaHealth shall assume no liability for any risks or accidents arising due to using the data or results in MegaHealth for such purposes.

(4) You are responsible for any mobile data charges incurred due to data being synced to the cloud or to your device.

(5) To the maximum extent permitted by applicable law, in no event shall MegaHealth be liable for any special, incidental, indirect, or consequential damages, or loss of profits, business, revenue, data, goodwill savings or anticipated savings, no matter such liabilities are based on contract, tort (including the possibility of negligence or strict liability) or other claims, and regardless of whether such losses are foreseeable or not, even if customers have been explicitly told about the possibility of the above-mentioned losses or damages.

(6) The maximum liability (this limitation shall not apply to liability for personal injury to the extent applicable law prohibits such a limitation) of MegaHealth arising from the use of the service described in this agreement shall be limited to the amount paid by customers for the purchase of this Service.

5. Usage restrictions

MegaHealth and its licensors own all intellectual property rights related to this Software. You may use this Software in accordance with this Agreement, provided that you respect all relevant laws, regulations and policies in addition to the terms in this Agreement. You are not entitled to, nor must you engage in any of the following behaviors, including but not limited to:

(1) Deleting any copyright notices or statements or any other
information and/or content contained in this Software.

(2) Engaging in reverse engineering, disassembly or decompilation of this Software.

(3) Using, copying, modifying, leasing or transferring all or part of this Software outside the scope of the terms stipulated in this Agreement.

(4) Making this Software available to a third party, licensing others to use this Software or using this Software for a purpose forbidden by MegaHealth (such as commercial purposes).

(5) Performing the following actions to images, text and other relevant information contained in this Software, including but not limited to: using, copying, modifying, adding hyperlinks to, reusing, compiling, publishing, creating mirror sites or using this Software to create related derivative products, works and/or services.

(6) Using this Software to store, publish or disseminate content that violates national laws, regulations and policies.

(7) Using this Software to store, publish or disseminate content that infringes the intellectual property rights, trade secrets or any other legal rights of third parties.

(8) Engaging in behavior that jeopardizes cyber security.

6. Version updates

MegaHealth reserves the right to decide whether to release updated versions of this Software in the future. If MegaHealth decides to release an updated version of this Software, this Agreement shall still apply to the updated version unless replacement "Software Service Terms" are released. By installing any updates, you acknowledge that you agree to abide by the relevant Software Service Terms. If you do not agree to all the content in the Software Service Terms, do not install the update.

7. Termination

The invalidity of any term in this Agreement in whole or in part shall not affect the validity of any other terms. MegaHealth and/or its licensors reserve the right to suspend or terminate this Agreement at any time. Upon the termination of this Agreement you must stop using this Software immediately and delete all related software and data that you have copied or installed.

8. Choice of Law

This Agreement shall be governed by the Laws of Germany, save for the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the laws in the country of your habitual residence (in particular mandatory consumer protection rights).