Update dated: 2023.4.10
Effective Date: 2023.4.19
This online agreement (hereinafter referred to as "this agreement") is signed by [Falcon Innovations Technology (Shenzhen) Co., Ltd.] (hereinafter referred to as "Falcon") and the user/visitor participating in the services of this website [Morpheus Plan] (hereinafter referred to as "you" or "developer"), and is legally binding.
In order to provide you with better services, Falcon hereby reminds you to carefully read and fully understand the content of this Agreement, including the terms of exemption or limitation of liability, terms of consent to open and use third-party services, and terms of applicable laws and dispute resolution, etc. Important content such as terms of exemption or limitation of liability will be highlighted in bold to remind you. Please pay special attention to them.
By using the Software, you agree to this Agreement. Please do not use the Software if you do not agree to this Agreement. In order to provide you with better services or due to changes in relevant national laws, regulations, functions, and services, etc., Falcon will amend this Agreement from time to time. The amendments shall constitute an integral part of this Agreement, and you shall be responsible for regularly checking the changes hereto. If you continue to use the Software after the release of the changes, it means that you agree to and accept the revised content of this Agreement.
The website: Refers to the website Falcon provides you with [Morpheus Plan] services, namely [ https://www.rayneo.com/pages/developer ].
You/Developer: Any person or company that joins the [Morpheus Plan] and provides products for the Target device in accordance with the terms of this Agreement.
Morpheus Plan: Refers to your activities to design and develop application software, programs, digital materials, and other products for the target device in accordance with the terms of this agreement.
Target device: Refers to the smart glasses device and its supporting application software developed and produced by Falcon with independent intellectual property rights.
SDK: Refers to the Software Development Kit of TCL RayNeo X2 glasses that Falcon will provide you after you join [Morpheus Plan].
Products: Software, content, digital materials and other goods and services designed and developed by you pursuant to the terms of this Agreement and the materials provided to you by Falcon.
3.Morpheus Plan Service
3.1 This website refers to the website that provides applicant registration and event description of [Morpheus Plan].
3.2 You should participate in the [Morpheus Plan] through the official channels of Falcon. Falcon does not recommend that you learn about and participate in the [Morpheus Plan] from any other channels. In that case, you shall bear the losses you suffer therefrom.
3.3 After you join [Morpheus Plan], Falcon will provide you with the necessary materials for designing and developing products through official channels, and you shall use the relevant materials in accordance with the terms of this agreement.
3.4 In order to provide a better User Experience and services, Falcon will update, adjust and optimize this website and related services from time to time. Falcon will notify you of the update in a way that can reach you.You have the right to choose whether to accept the updated version of this website. If you do not accept the updated version of this website, the functions of this website and related services will not be fully realized or can not be used normally, and you will be deemed to have withdrawn from [Morpheus Plan]. At the same time, Falcon will cancel all authorizations provided to you under this agreement, and you should immediately stop using the relevant services and materials of [Morpheus Plan].
3.5 As [Morpheus Plan] is still in the development and testing stage and does not involve any fee-related matters, you understand and acknowledge that unless otherwise agreed in this Agreement, Falcon will not charge you any fees, nor will you require Falcon to pay you any fees.
3.6 You understand and accept that your participation in [Morpheus Plan] will be deemed that you have carefully read and accepted this agreement.
3.7 If you believe that the content of this website or third-party services on this website infringes on your legal rights during the use of this website, you can contact Falcon through [400 901 1000 customer service hotline] for feedback and provide relevant evidence. Falcon will process your feedback in accordance with the law and feedback on the processing results to you in a timely manner.
4.1 This service is only for your personal use. You shall be responsible for the use of this website and related services. You shall not use this website for any illegal or prohibited purposes under this agreement, and shall not use this website and its content to infringe on the legitimate rights and interests of other organizations or individuals. You also agree that when using this website and services, you and the products you provide will not:
(A) attempt to interfere with another person's use of the Site or Services;
(B) Trying to disrupt the normal operation of this website, maliciously spreading virus programs to destroy network information services;
(C) charge, directly or indirectly, for the use of the Services by others;
(D) attempt to modify, translate, adapt, edit, reproduce, decompile, disassemble or reverse engineer any material used or made available by Falcon in connection with the Site or the Services;
(E) obtain or attempt to obtain any data from the Website or the Service by any other means other than the data provided to you by Falcon ;
(F) resell or attempt to obtain commercial benefits from any content available from the Service;
(G) copy, sell, transfer, distribute, publish, or transfer your license to the Services in any form to any third party;
(H) Other actions that violate the laws and regulations of your region and the relevant rules of this agreement, and infringe the legitimate rights and interests of others or Falcon.
4.2 You may not display, provide, sell, reproduce or distribute the materials related to Falcon to any third party for any purpose without authorization.
4.3 Falcon reserves the right to prohibit any of the above actions. If you commit any violation of this Agreement, Falcon reserves the right to suspend or terminate your access to the Website and/or prevent you from accessing the Website in the future.
5.1 All rights, ownership and interests of the contents and services in the agreement provided by Falcon are owned by Falcon, or have been legally licensed to Falcon for use. Unless otherwise expressly specified in this Agreement, no content or part of the Software shall be copied, reproduced, forwarded, downloaded, uploaded, published, displayed, transmitted or distributed in any way, and nothing in this agreement shall be construed, whether by implication or otherwise, as the licensing of any intellectual property right in the contents and services. Falcon reserves any right not expressly granted in this Agreement.
5.2 You shall ensure that for the products you provide to Falcon,except for the parts where Falcon has its own intellectual property rights,you have independent intellectual property rights for the rest parts of the products or have obtained all necessary licenses for the rest parts of the products.You have full and independent rights to provide related products to Falcon.And you authorize Falcon and its affiliates to use, publish, distribute, put on and remove the relevant products and their contents worldwide free of charge forever, and this authorization is irrevocable. If you need to pay users on Falcon’s app store, the relevant sharing method and proportion can be a supplementary agreement.
5.3 Falcon has all rights to all data and information generated during the development and operation of this website and related services within the scope permitted by laws and regulations.
5.4 You understand and accept that without the written permission of Falcon, you will not use trademarks, URLs, website names, distinctive logos, or other iconic content of Falcon or this website.
5.5 If you use the above content in violation of this agreement and cause losses to Falcon, or a third party, you shall bear all legal responsibilities.
6.Compensation for breach of contract
To the extent permitted by law, you agree to indemnify, defend and hold Falcon harmless from any liability, loss, claim, and expense arising from your breach of this Agreement, violation of applicable law, or damage to the rights of third parties (including but not limited to patents, trademarks, copyrights, trade secrets or other intellectual property rights), willful misconduct or another misuse of the Site, Content or Services.
7.Limits of Liability and Exemption Clauses
7.1 The Website and all content and services are provided on an "as is" and "as available" basis without warranty of flawlessness. To the maximum extent permitted by law, Falcon Innovations disclaims any express or implied warranties, including but not limited to the implied warranties of merchantability and fitness for any particular purpose.
7.2 While Falcon strives to keep the information provided on this website accurate and up-to-date, Falcon does not warrant that:
(A) the information available on or through this website is correct, accurate, timely, or otherwise reliable;
(B) Falcon' services will be accurate, adequate, reliable, or free from defects, errors, or omissions;
(C) Falcon' services meet your requirements or adequately address your needs in any particular situation.
7.3 Falcon makes every effort to ensure that Falcon' services are always available, but Falcon' services may be interrupted due to reasons such as maintenance, repairs, upgrades, or network or equipment failures. Falcon does not warrant that Falcon' services are free of any vulnerabilities or viruses, or available in any specific region outside of China. You shall be responsible for configuring your information technology, computer programs, and platforms to access this website. You should use your own virus protection website.
7.4 The applicable laws of your region may not allow such exclusions, particularly the exclusions of certain implied warranties, in which case all such warranties shall be disclaimed to the maximum extent permitted by applicable law.
7.5 Falcon shall not be liable for any indirect, incidental, special, or punitive damages of any kind, nor shall it be liable for any indirect damages, including but not limited to loss of profits, revenue, data, or data use.
The total liability of Falcon and its partners to you for any damages or losses arising out of your use of this website shall not exceed the aggregate of subscription fees or similar fees related to your use of any service or feature of this website. Some jurisdictions do not allow limitations of liability, so the foregoing limitations may not apply to you.
Unless otherwise specified in the terms of related products or services, in any event, Falcon shall not be responsible for any delay, failure or interruption of contents or services caused directly or indirectly by any act of nature, force or cause beyond the reasonable control of Falcon, including but not limited to Internet failures, computer failures, computer viruses, cyber-attacks, telecommunication failures, or any other equipment failures, power failures, strikes, labor disputes, riots, insurrections, civil disturbances, labor or material shortages, fires, floods, storms, explosions, acts of God, wars, government actions, orders of a court or tribunal at home or abroad, or failure of performance by a third party.
9.Disputes and Jurisdiction
9.1 The conclusion, execution, interpretation and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China(excluding Hong Kong, Macao and Taiwan).
9.2 The place of signing this Agreement is Nanshan District, Shenzhen, Guangdong. In case of any dispute between both parties hereto regarding the content or performance hereof, both parties shall resort to friendly negotiations. If such negotiations fail, either party may file a lawsuit with the Shenzhen Court of International Arbitration.
10.1 Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions hereof shall remain enforceable. The invalid or unenforceable provision shall be deemed to have been modified so that it is valid and enforceable to the maximum extent allowed by law.
10.2 Transfer. You shall not transfer any of your rights under this Agreement. Falcon Innovations may transfer its rights hereunder to any of its holding companies, affiliates or subsidiaries, or the successor of any business related to the services.
10.3 Waiver. Any failure of or delay in exercising any right, power or privilege granted hereunder shall not be deemed a waiver. Any single or partial exercise of such right, power or privilege shall preclude the subsequent or further exercise of such right, power or privilege.
10.4 Entire Agreement. This Agreement constitutes the entire agreement between you and Falcon Innovations. You acknowledge that you have not entered into this Agreement pursuant to any representation, warranty or representation made by Falcon or any other person or entity, and that you irrevocably and unconditionally waive any right to claim damages and/or revoke this Agreement as a result of any misrepresentation (other than fraudulent misrepresentation) outside this Agreement.