UGREEN NAS-gebruikersovereenkomst – UGREEN NAS US

Welcome to UGREEN NAS! This UGREEN NAS User Agreement (hereinafter "this Agreement") governs the use of UGREEN NAS Software. The term "UGREEN NAS" in this Agreement refers to the Clients (including App clients, PC clients, and Web clients), websites, software development kits (SDK) for third party websites and apps, application programming interfaces (API), and mini-programs legally owned and operated by America Ugreen Limited (hereinafter "UGREEN" or "we") and its affiliates, providing global services. UGREEN NAS enables access and use of our products and services, including those emerging due to technological advancements (collectively referred to as "UGREEN NAS").

 

Under the EU's DSA，ugreennascss@gmail.com has been designated as a single point of contact to enable us to communicate directly with German authorities, the European Commission and the European Board for Digital Services,as also as users located in EEA.

 

1.       Overview
   1. This Agreement: This Agreement between you and UGREEN outlines rights and obligations regarding the download, installation, activation, registration, login, and use (hereinafter "Use") of UGREEN NAS. In addition to this Agreement, refer to other documents including, but not limited to, agreements, privacy policies, terms of use, announcements, statements, and site notices related to UGREEN NAS, issued or to be issued by us. These documents, subject to occasional revisions, together with this Agreement, constitute the complete agreement between you and UGREEN and have the same legal effect.
   2. Review and agreement: Please read this Agreement carefully and ensure you understand it in full before using UGREEN NAS. We recommend you to pay careful attention to important or specific terms in this Agreement, which are marked in a distinctive manner or in boldface. If you are a minor under the laws of your residence country or jurisdiction, read and understand this Agreement with your guardian and obtain their explicit consent before using UGREEN NAS.
   3. You are deemed to have read, fully understood, and accepted this Agreement upon using UGREEN NAS. Discontinue using UGREEN NAS if you disagree with any part of this Agreement or cannot assume the applicable liability.
   4. Questions and reports: You are welcome to submit feedback through the UGREEN NAS client, official website, or email UGREEN directly at ugreennascss@gmail.com should you have any concerns, opinions, or recommendations regarding this Agreement or UGREEN NAS.
2.       Products and Services
   1. Access and Use: UGREEN NAS's products and services are accessible in various ways, including but not limited to:

1. Accessing UGREEN NAS's official website;
2. Downloading and installing the UGREEN NAS Client from app stores and websites authorized by us;
3. Software Development Kit (SDK) or Application Programming Interface (API) integrations in third party platforms or applications.

We cannot guarantee the authenticity or integrity of UGREEN NAS products or services obtained from unofficial or unauthorized sources. Using such products and services involves risks. We are not liable for any losses incurred from using unofficial products or services unless otherwise provided by law.

2. Version and Device Customization: UGREEN NAS apps are customized for different devices. For optimal user experience, select the version tailored to your device when acquiring, downloading, and installing the software to ensure the best user experience.
3. Authorization and Restrictions: The license granted to you is a limited, non-exclusive, non-transferable, non-sub-licensable, but revocable right to use UGREEN NAS legally. We reserve all rights not expressly granted in this Agreement. Without our written consent, any unauthorized use of UGREEN NAS, including but not limited to modification, reproduction, distribution, crawling, searching, mirroring, or trading, is prohibited.
4. Updates and Changes: We may periodically update, modify, or change UGREEN NAS to enhance user experience, optimize services, and meet security and compliance requirements. This includes, but is not limited to, product modifications, service suspension, termination, new features, and updates. Updated versions may be provided for these changes. You are entitled to the choice to update or not. However, failure to update may result in restricted or unavailable features. You may choose to delete the UGREEN NAS app.

3.       UGREEN Cloud account Management
   1. Account Registration and Login

1. To use UGREEN NAS, register an account using your phone number or other methods recognized by UGREEN NAS (which may vary by country or jurisdiction).
2. We offer third party platform authorization login features, provided you have a valid third party software or platform account and comply with applicable laws.
3. Your account name and password are credentials for UGREEN NAS access and use, so please ensure their security and confidentiality.
4. This account, a UGREEN NAS global unified account, is necessary for us to provide you with services globally.
   2. Account Information and Security

1. Register with real, accurate, complete information, and update it promptly if changes occur. We are entitled to restrict or terminate your use of your account if you provide us with false information.
2. Maintain account information security to prevent unauthorized access or use of your account. Inform us immediately and take appropriate precautions if you detect anomalies or security breaches.
   3. Account Behavior: Do not create a UGREEN Cloud account on behalf of others or use others' names, company names, trademarks, or photos without their express written permission. Do not mislead users about account ownership when using your account, particularly concerning well-known organizations or individuals, and avoid any actions that may infringe upon others' personality, property, or other legal rights. We are entitled to review submitted account information and take legal action pursuant to law, including without limitation warnings and reminders, demands to make corrections within a specific time limit, account information resetting, account functionality restrictions, suspension, closure, and registration bans, if the information you submit violates laws, administrative regulations, government decrees, or this Agreement.
   4. Account Transfers and Sharing

1. The UGREEN Cloud account is exclusively for the original registrant. Transferring, lending, or sharing the account is prohibited.
2. If account misuse by non-registrants is suspected or evident, we are entitled to suspend or terminate the services.
   5. Account and Password Security and Confidentiality You must take all possible steps to safeguard the security and confidentiality of your UGREEN Cloud account and password. All operations performed using your account and password shall be deemed as your own actions, for which you assume full liability. This includes without limitation liability for any content uploaded, downloaded, shared, or published on the UGREEN NAS Platform. Immediately report any suspected illegal account or password use or security concerns. Follow our recovery guidelines and procedures if you forget your account or password details. You understand and acknowledge that our account recovery process depends significantly on comparing the information you provide with our system records for verification purposes. We cannot ensure that you will be successful in recovering your account, nor can we verify that the complainant is the true owner of the account. Therefore, please provide accurate, complete, and updated information when registering and using your account. You shall be fully liable for any losses and risks arising from inaccurate account information and poor account safeguarding.
   6. Use of Related Versions and Services Unless expressly stated otherwise, understand that by logging into your UGREEN Cloud account and using any related versions or features, you are bound by this Agreement, the user agreements for the related versions, and other applicable legal documents. The related version user agreement or applicable legal document shall control in the event of any conflict or discrepancy between this User Agreement and related version user agreements or other legal documents.
   7. We may employ a collaborative management approach to managing UGREEN NAS and its related versions. For instance, violations of applicable laws or this Agreement while using UGREEN NAS can impact your use of related versions and services, and vice versa.
   8. You may request cancellation of your UGREEN Cloud account. Cancellation requests are limited to your own account and must follow proper procedures to verify account ownership. Upon cancellation, we will delete or anonymize your account information, unless laws or guidelines mandate different retention or disposal methods. You will be unable to use the account to log into UGREEN NAS or retrieve any related content or information post-cancellation. You remain liable for activities conducted on UGREEN NAS prior to account cancellation.

4.       Usage Guidelines
   1. You fully understand that you are responsible for all devices (such as personal computers, mobile phones, and other devices used to access the Internet, or mobile networks) and the costs associated with your use of the UGREEN NAS (such as telephone and internet access fees, and mobile network access fees).
   2. UGREEN has no access to the files and data stored by the user in the NAS device. In addition, UGREEN NAS will not upload, download, copy, share, or provide any content, nor can it modify, edit, or interfere with the content transmitted by the user.You fully understand and agree that all data and content you upload, store, and share, including without limitation files, documents, and other types of information, as well as data you upload to be used on servers not controlled by us are under your personal decision-making and control. These operations and decisions are entirely under your control, even those including cross-border data transfers, and you should ensure that you comply with all applicable laws. As the party in full control of such data, you shall be liable for any legal obligations and consequences that may arise therefrom. Manage your data and content on UGREEN NAS carefully and responsibly to avoid violating the law or infringing upon third party rights.
   3. You must not store, transmit, share, or access content or engage in activities of the following nature, and should discourage such activities and content:

1. Uploading, downloading, storing, copying, publishing, transmitting, emailing, or otherwise providing content prohibited by laws, regulations, and policies, including without limitation:

①Content that violates the basic principles specified in the Constitution of the People's Republic of China;

②Content that endangers national security, divulges secrets, subverts state power, or undermines national unity;

③Damages national honor and interests;

④Content that incites ethnic hatred, discrimination, or undermines ethnic unity;

⑤Information that undermines Chinese religious policies or promotes cults or superstitions;

⑥Content that spreads rumors, disrupts social order, and undermines social stability;

⑦Content that spreads obscenity, pornography, gambling, violence, murder, or terror, or instigates criminal activity;

⑧Content that insults or defames others, or infringes upon the legal rights of others;

⑨Content that jeopardizes social morality or national cultural traditions;

⑩Content that infringes upon third party legal rights, including without limitation copyrights, trademark rights, patent rights, and reputation rights;

⑪Content involving information prohibited by applicable law or administrative regulations;

2. Infringing upon others' privacy, trade secrets, trademark rights, copyrights, patent rights, and other legal rights;
3. Engaging in unlawful commercial activities, such as trafficking arms, drugs, banned medicines, or prohibited items;
4. Committing or planning to commit illegal acts like money laundering, cash withdrawals, and wire fraud;
5. Removing UGREEN NAS copyright, trademark, or other proprietary notices;
6. Copying or falsifying all or part of UGREEN NAS content or merging it with other applications;
7. Accessing or attempting to access or damage any part of UGREEN NAS or related systems or networks;
8. Decomposing, decoding, reverse engineering UGREEN NAS or any part of it, decompiling its executables, creating derivative works, or engaging in similar activities prohibited by applicable law;
9. Distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, broadcasting, disseminating, or otherwise using UGREEN NAS;
10. Submitting or making UGREEN NAS available to others, in whole or in part (including the source code and content), without UGREEN's prior written permission;
11. Impersonating another person, falsely claiming, or otherwise misrepresenting your relationship with an individual or company;
12. Using UGREEN NAS (or any component thereof) unlawfully, in violation of this Agreement, or to commit any fraudulent or malicious acts, including without limitation hacking or embedding malicious code, viruses, or harmful data into UGREEN NAS (or websites linked to UGREEN NAS) or its operating systems;
13. Infringing upon UGREEN or third party intellectual property rights when using UGREEN NAS;
14. Collecting user information, using automated means to access UGREEN NAS, or attempting to extract or decrypt any content sent to or from UGREEN NAS servers;
15. Developing, supporting, or using software, devices, scripts, or any other means or processes (including crawlers, browser plug-ins, or any other technology or human operation) to extract or otherwise copy user information and other data from UGREEN NAS;
16. Using UGREEN NAS for commercial purposes without UGREEN's prior written permission;
17. Engaging in illegal transactions through UGREEN NAS, such as trafficking arms, drugs, illegal goods, pirated software, or other prohibited items;
18. Providing gambling information or encouraging others to gamble in any way;
19. Requesting login information or accessing another's account;
20. Money laundering, illegal withdrawals, or pyramid schemes;
21. Violating this Agreement (or any part thereof), or aiding or encouraging such conduct;
22. Using UGREEN NAS in a way that damages, weakens, or compromises its security, overloads it, or interferes with other users or systems, or enables unauthorized access to UGREEN NAS or data;
23. Other violations of national laws, regulations, rules, policies, decrees, or this Agreement.

5.       Network Security and Use Restrictions
   1. Use Restrictions: For UGREEN NAS's integrity and stability, you agree:

1. Not to use, deploy, or distribute plug-ins, cheating programs, systems, or third party tools that interfere with UGREEN NAS's normal operation.
2. Not to use automated programs, scripts, software, or similar tools to access UGREEN NAS for collecting, storing, processing, or transmitting information or content without our prior written permission.
   2. Network Security: You must not engage in or assist others in behaviors compromising UGREEN NAS or other computer networks' security. This includes, but is not limited to, circumstances involving:

1. Unauthorized intrusion, interference with, or disruption of any network, system, or data, including attempts to do so without authorization, or unauthorized attempts to affect the normal functionality of any network, system, or data;
2. Manufacturing, selling, distributing, providing, or promoting programs, codes, or tools specialized in intrusion, interference, or disruption of networks, systems, or data;
3. Providing, directly or indirectly, technical support, funds, advertising or any other form of assistance to a third party, whether known or should have known that such third party engages in the above acts;
4. Unauthorized access, copying, modification, or use of others' data, servers, or account information;
5. Probing, scanning, or testing the UGREEN NAS network, or attempting to exploit any known or unknown vulnerability without explicit permission;
6. Intentionally spreading, transmitting, or launching harmful software, such as malicious programs, viruses, worms, and Trojans;
7. Falsifying, modifying, or tampering with data packets, critical information, and similar network data;
8. Attempts to reverse engineer, disassemble, or decrypt UGREEN NAS, or attempts to obtain its source code;
9. Malicious or frequent registration of UGREEN Cloud accounts, or creating, selling, promoting, or using such accounts in bulk; and
10. Any other acts that may damage, interfere, disrupt, or pose threats to UGREEN NAS or third party networks, systems, or data;
    3. Use of Information and Data: Users or third parties must not assist with or encourage others to engage in any of the following acts without our explicit written consent:

1. Use any information from UGREEN NAS to mislead or deceive users, or to conduct malicious advertising, promotion, publishing, or displays for the purposes of obtaining unfair competitive advantages;
2. Editing, modifying, rearranging, adapting, or otherwise changing information from UGREEN NAS without authorization and displaying, distributing, or publishing it on any channel, platform, or media other than the UGREEN NAS platform;
3. Intervening, modifying, redirecting, hijacking, embedding, triggering pop-ups, or any other actions that affect the normal use of UGREEN NAS through any technologies, methods, or means, including without limitation specific scripts, codes, or plug-ins;
4. Stealing, monitoring, copying, distributing, displaying, mirroring, uploading, downloading, or using any information from UGREEN NAS through illegal or improper means, such as malicious links, redundant requests, crawling, fake downloads, deep links, and fake registrations;
5. Concealing, modifying, or removing any UGREEN NAS attributes or marks, such as domain names, logos, copyright statements, or user information when displaying or sharing UGREEN NAS content;
6. Conducting unauthorized statistical analysis using UGREEN NAS information, including trend statistics, hit rates, classifications, search volumes, click-through rates, and read rates;
7. Selling, renting, distributing, or transferring UGREEN NAS data or providing or licensing it to third parties for commercial purposes;
8. Interfering, disrupting, tampering with, or otherwise affecting the completeness, accuracy, or validity of UGREEN NAS information;
9. Any other acts that may violate laws or policies, or infringe upon any third party's right to acquire, use, process, or share UGREEN NAS information.

6.       Legal Compliance
   1. You agree to abide by all applicable local laws when using UGREEN NAS services, including export control and sanction laws, regulations, rules, and policies, including the US Export Control Regulations and sanctions imposed by the Office of Foreign Assets Control of the US Department of the Treasury or the European Union, as well as all other applicable national or international sanctions.
   2. You covenant not to directly or indirectly export, re-export, or transmit UGREEN NAS information to any countries, individuals, or entities subject to applicable export controls or sanctions. You covenant not to use UGREEN NAS for activities involving restricted technologies, such as weapons of mass destruction, missiles, or chemical or biological weapons.
   3. You agree to assume sole liability and all risks, including without limitation legal action, fines, or penalties, resulting from your noncompliance with the covenants in this Agreement, including without limitation those related to export controls and compliance. UGREEN shall not be liable for such noncompliance under any circumstances.
   4. We may update this section periodically, given the dynamic nature of global export control and sanctions laws. We recommend reviewing this Agreement periodically to ensure that your actions always comply with the latest compliance requirements.
7.       Penalties for Breach of this Agreement
   1. Definition of Noncompliance and Penalties

1. If you violate any terms of this Agreement while using UGREEN NAS services, or if there are reasonable grounds to believe that your actions may cause harm or legal implications for UGREEN NAS, other users, or any third party, such actions will be deemed a breach of the Agreement. In the event of a breach, we reserve the right to take one or more of the following actions based on the nature, severity, and frequency of the breach to protect UGREEN NAS and other users' rights:

①Issue a breach warning;

②Requesting a written explanation;

③Suspending or terminating some or all services provided to you without prior notice;

④Freezing, restricting, or deleting your account;

⑤Requiring immediate cessation of the breach and corrective action;

⑥Filing reports with legal, administrative, and other agencies, and cooperating in any subsequent investigations;

⑦Re-verification, providing deadlines for correction, account closure, and prohibiting re-registration;

⑧Holding liable pursuant to law, and requiring you to indemnify UGREEN NAS or any third parties against any damages incurred as a result.

⑨Any other actions deemed necessary.

2. You shall be liable for any consequences resulting from your breach of this Agreement, including without limitation UGREEN Cloud account functionality restrictions, account deletion, or infringement or any rights associated with your account. We are not obligated to restore content in accounts deleted or restricted due to penalties unless required by law or administrative orders.
   2. Transparency and Cooperation in Resolving Breaches

1. In the interest of fairness, impartiality, and transparency, we will notify you of the outcomes of any breaches through appropriate platforms or channels. However, we reserve the right to withhold such information to the extent permitted by law.
2. If your breach of this Agreement constitutes a crime or violation of the law, we reserve the right to report your violation to the appropriate government or administrative agency, and we shall furnish them with any necessary records, documentation, and information. Moreover, we will fully cooperate with all official investigations by providing the necessary information to support such.
   3. Commitment to Protect the Rights of Third Parties and Users' Responsibilities

1. Respect for third party rights: We are committed to respecting and protecting the intellectual property rights, reputation, name, privacy, and other legitimate rights of all users and third parties while using UGREEN NAS services. We will strive to prevent and address any infringement of third party rights pursuant to law and this Agreement.
2. User Responsibilities: You commit to complying with all applicable laws, international treaties, and this Agreement while using UGREEN NAS services. Moreover, you covenant not to engage in any conduct that may infringe upon third party rights or to engage in illegal activities through the use of our services.
3. Resolving Third Party Complaints: If we receive any third party complaints, reports, or lawsuits involving you, we reserve the right to take the following actions:

①Notify you of the complaint or report details and sources via email or other means;

②Take steps to preserve evidence, including but not limited to suspending services and temporarily freezing accounts based on circumstances at the time and legal requirements;

③Request written explanations, feedback, and documentation from you.

4. Your Liability: If UGREEN NAS suffers financial losses, including without limitation indemnification, penalties, legal fees, litigation damages, or non-financial losses like diminished goodwill and business reputation due to your actions, you shall be liable to indemnify UGREEN NAS against any such losses, including direct and indirect losses (such as losses of business reputation or market share).
5. Cooperation in Legal Matters: You shall fully cooperate to the extent permitted by law and within a reasonable timeframe should we require your assistance in addressing any third party complaints, reports, or lawsuits involving you.
6. Interpretation of Circumstances: We will take any action deemed reasonable in response to third party complaints or reports. None of our actions shall be deemed an acknowledgment or denial of your conduct or identity.
7. Defending Your Rights: If you disagree with any action we take, you may file objections or complaints via UGREEN NAS's official channels or the contact information provided. We will make further decisions after reviewing all information you submit.

8.       Personal Information Protection

Please refer to the UGREEN NAS Privacy Policy for details on how we collect, use, store, and protect your personal information, as well as your rights in this regard.

9.       Intellectual property
   1. We own all intellectual property rights for all UGREEN NAS products and services, including but not limited to software, technology, programs, web pages, text, images, audio, video, graphics, layouts, and electronic files.
   2. We provide technical support for the development and operation of UGREEN NAS and have all rights to all data and information generated during this process to the extent permitted by laws and regulations.
   3. We own the intellectual property rights to all UGREEN NAS and other UGREEN brand marks, including trademarks, service marks, trade names, domain names, and website names, collectively referred to as "Marks." You shall not use, display, copy, transfer, or otherwise process these Marks in any form, whether individually or in combination with other Marks, without our written authorization. Specifically, you shall not apply for registration of trademarks or domain names, or expressly state or imply to any third party that you are entitled to display, use, or manage with such Marks. You shall be fully liable and indemnify us and any third parties against all damages and losses resulting from your breach of this Section or misuse of such Marks.
10.   Terms for Independent and Third Party Services
    1. UGREEN NAS contains information or links we have legally obtained, as well as other independent services we are licensed to operate. These services may be presented as separate features within UGREEN NAS (such as the UGREEN NAS Application Center). UGREEN NAS may also integrate or include links to third party content. We reserve the right to add, reduce, or adjust the content and information contained within independent services and other features at any time to expand our service offerings or optimize user experiences. While we will endeavor to notify users of these changes in advance, some modifications may be implemented immediately under certain circumstances.
    2. You may activate and use the above independent services and features via UGREEN NAS. You may be required to enter into additional agreements or accept separate terms between you and the service provider when using certain independent services or features. The primary service provider for independent services can be determined through the independent service agreements or information disclosed within such services. When necessary, we will make these agreements or terms available for you to review in a reasonable manner. Your use of the above services shall be deemed as your agreement and understanding of the associated agreements and rules.
    3. Some services or features in UGREEN NAS may be provided by third parties either independently or in partnership with us. Such services may require separate user agreements, privacy policies, or other binding rules. Carefully review all agreements and rules before using third party services, and ensure you fully understand and agree with them, assessing any risks involved. Exercise judgment and assess any potential risks when using third party websites or applications. You shall independently resolve any disputes, damages, or losses arising from the use of third party services with the third parties concerned. UGREEN NAS shall not be held liable for any direct or indirect damages caused by third parties.
    4. Be aware that some third parties may use your account ID for data collection and processing. The third party service provider shall be responsible for the data collection, storage, use, and transmission. UGREEN is not involved in the processing of such data, nor will it access, control, or modify this data. Please choose and use third party services carefully, as your personal information and data security will be subject to the third party service provider's terms and policies when using such services.
    5. We recommend consulting with legal experts or professionals before enabling any third party service should you have any concerns regarding the third party service provider's agreement or terms. UGREEN NAS may not be able to directly notify you of any changes to third party agreements or terms. Therefore, we recommend regularly reviewing the agreements or terms for any third party services you use to ensure your rights are protected.
11.   Terms of Use for Minors
    1. As UGREEN NAS is primarily intended for adults, individuals deemed minors in their residence country or jurisdiction should use UGREEN NAS only with their guardian's agreement and understanding of this Agreement. If a minor uses UGREEN NAS without their guardian's consent, we reserve the right to restrict the account's features as directed by the guardian.
    2. We prioritize the protection of minors' privacy and personal information. If you are a minor under the laws of your country or area, or a guardian registering and using the account on behalf of a minor, please read our UGREEN NAS Privacy Policy carefully. Guardians should protect minors' personal information when providing it.
    3. Notes for Guardians of Minors As a guardian, you should guide and supervise any minors under your guardianship who register on UGREEN NAS. We are entitled to assume that minors under your guardianship registering on UGREEN NAS have obtained your consent.
    4. Please email us at ugreennascss@gmail.com if you have any further questions on the protection of minors’ rights.
12.   Limitation and Exemption of Liability Statement
    1. You expressly acknowledge and agree that UGREEN NAS Products and Services are provided "as is" and "as available," based on current technology and conditions. In order to more clearly define the scope of liability, we expressly disclaim any express or implied warranty regarding:

1. UGREEN NAS Products and Services fully meeting specific user needs or expectations, or their uninterrupted availability;
2. The provision of UGREEN NAS Products and Services being unobtrusive, prompt, stable, secure, error-free, or compatible with the functionality or performance of other software products, services, or data;
3. The prompt correction or complete resolution of technical errors, defects, or problems in UGREEN NAS Products and Services;
4. The absolute accuracy and completeness of all data, and the absence of any risk of loss, tampering, or leakage when using UGREEN NAS Products and Services;
5. The perpetual availability and retention of features or components of UGREEN NAS Products and Services;
6. The performance or service commitments of third party partners or suppliers of UGREEN NAS Products and Services;
7. The compatibility of UGREEN NAS Products and Services with all devices or systems, and the lack of any potential for damage or risks to any devices or systems;
8. The validity, accuracy, or reliability of any content, materials, or information in UGREEN NAS Products and Services.

You are solely responsible for determining and assessing the risks associated with the use of UGREEN NAS Products and Services and for any decisions on the use, method, and extent of your use of our products are services based on your judgment.

2. We aim to provide high-quality, stable, and secure UGREEN NAS Products and Services. However, due to external factors, technological complexity, and unpredictability, we cannot guarantee that UGREEN NAS Products and Services will never be uninterrupted or unaffected. Therefore, you should understand and agree that, to the fullest extent permitted by law, we shall not be liable for interruptions, suspensions, delays, or instabilities in services, resulting in any losses to you or third parties under the following circumstances:

1. Force majeure events, including without limitation:

①Natural disasters, such as floods, earthquakes, hurricanes, blizzards, fires, or droughts;

②Government action, policy changes, or emergency orders;

③International or domestic conflicts, wars, terrorist attacks, or riots;

④Civil unrest events, including strikes, demonstrations, and public health crises (including epidemics);

⑤Other unforeseeable and uncontrollable events.

2. Technical or external events, including without limitation:

①Power outages, unstable power supply, or grid faults;

②Network communication failures, delayed or lost data transmissions;

③Third party service instability, interruptions, or terminations;

④Cyberattacks such as hacking, viruses, malware, and phishing;

⑤Hardware failures, system crashes, or unavoidable software defects.

3. To ensure the long-term and stable operation of UGREEN NAS Products and Services, we may:

①Perform system checks, repairs, or maintenance;

②Update, upgrade, or optimize software;

③Replace, maintain, or upgrade hardware;

④Temporarily restrict certain features for security or performance reasons;

⑤Conduct data migration or backups while ensuring data security.

We will provide prior notice when feasible for any of the above circumstances and resume services as soon as possible.

3. Cybersecurity Exercise caution with internet information or documents claiming to be related to financial or property transactions. Please maintain a high degree of vigilance and carefully verify the authenticity of any information or documents found on UGREEN NAS involving loans, investment and financing, and financial management, or any other information or documents that may involve financial transactions that request account passwords or require you to click a link. Unless otherwise expressly provided by applicable law, we assume no liability for any direct or indirect losses suffered due to the above information or documents, including without limitation lost profits, business reputation, data, or other tangible or intangible losses.
4. Reservations of Legal Decisions This Agreement aims to ensure the legal operation of UGREEN NAS, compliance with applicable law, maintenance of public order and morals, and protection of legal rights of all users and third parties. We will make decisions or take action pursuant to law based on our understanding and capacity. However, please understand that our decisions or decision-making processes may differ from the views of judicial or administrative agencies. We recommend seeking professional legal advice or assistance from appropriate judicial or administrative agencies directly in the event of a legal dispute.
5. Service Geographic Limitations and User Responsibilities. Unless expressly stated or agreed upon separately in writing, UGREEN NAS primarily serves those users in jurisdictions we have officially disclosed. We acknowledge that some users may try or continue to use UGREEN NAS in jurisdictions other than those officially disclosed due to the widespread use of the technology. In such cases, you shall clearly understand and acknowledge that such use is based on your sole judgment, and you assume all associated risks. You are liable for ensuring full compliance with local laws, rules, and regulations when using UGREEN NAS in jurisdictions other than those officially disclosed. You shall assume sole liability and all risks arising from your violations of local laws.
6. We do not warrant the legality or appropriateness of UGREEN NAS in jurisdictions other than those officially disclosed unless expressly agreed or warranted otherwise. You acknowledge your use of UGREEN NAS in jurisdictions other than those disclosed officially is done so at your own risk, and you warrant that your use of UGREEN NAS shall comply with all applicable local laws, and you assume all risks and liability.
7. Limitation of Liability To the fullest extent permitted by law, we will not assume liability for the following damages, regardless of the cause of such damages and regardless of whether such damages were foreseeable: indirect damages, consequential damages, punitive damages, specific damages, incidental damages, or any other form of indirect damages. For the avoidance of doubt, the above damages include without limitation: profit losses, data or information losses, business interruptions, damage to reputation or goodwill, loss of investments, and other expenses and forms of financial losses. The above limitations shall apply even if we are aware of the potential for such damages or have been expressly advised of the possibility of such damages. Except as otherwise required by law, our total liability to you or any third party shall not exceed the total fees (if any) paid to us by you during your use of UGREEN NAS under any circumstances, regardless of the cause or type of action.

13.   Indemnification
    1. Indemnification Commitment You agree to assume all liability and indemnify UGREEN and its affiliates, including subsidiaries, parent companies, agents, managers, directors, employees, or consultants against any losses arising from your or any user of your account's breach of this Agreement, applicable laws, or other policies and regulations.
    2. Description of Indemnification The aforementioned losses and expenses include without limitation reasonable attorney's fees, investigation fees, lawsuit or arbitration costs, claim payments, fines, indemnification fees, and any other expenses resulting from such breaches.
    3. Indemnification Procedure: If UGREEN or its affiliates become the subject of a third party lawsuit, claim, or other legal proceeding resulting from your actions or those of a user of your account, UGREEN is entitled to seek indemnification for such to protect its interests. UGREEN also reserves the right to inform you of such lawsuits, claims, or legal proceedings and take legal action if you fail to respond promptly, which shall not be deemed as a waiver of your indemnification obligations.
14.   Notices and Agreement Amendments
    1. Agreement Amendments and Updates:

1. Reasons and Basis for Amendments: To maintain legal compliance, respond to technological advancements, and provide superior customer service, this Agreement is regularly reviewed and may be amended as necessary.
2. Amendments as Part of the Agreement: All amendments, updates, or supplements shall be deemed integral parts of this Agreement once issued.
3. Notice and Review of Amendments: We will publish the latest version of this Agreement on our cloud app and official website following any amendment. We may also use other appropriate methods, such as announcements and notifications in the cloud app, to ensure you are aware of any amendments. Additionally, you may access and review the latest Agreement terms on the UGREEN NAS client or our official website at any time.
4. Recommendations on Accepting or Objecting to Amendments: your use of the UGREEN NAS app constitutes your acknowledgment and acceptance of the amended agreement. If you disagree with any part of the amendment, you should refrain from accessing UGREEN NAS services and consider discontinuing use.
   2. Notice Methods and Their Significance:

1. Notice Means and Methods: We may send important messages and notices through various means, including without limitation: system notifications within UGREEN NAS, pop-ups on specific pages, application or website announcements, site messages, email, and text messages. We will select one or more notification methods based on the nature and importance of the message.
2. Changes in Contact Information: To ensure effective receipt of notices, please promptly update your contact information, such as email address and phone number, in UGREEN NAS if it changes. You shall be solely liable for any consequences arising from the non-delivery or delayed delivery of any notices due to your failure to update your contact details.
3. Significance of Notices: Notices may involve changes to your rights and obligations within UGREEN NAS. Therefore, please ensure your contact information is current and regularly check the above notices to fully understand your rights and interests.

15.   Class Action and Class Arbitration Waiver
    1. And Independent Dispute Resolution To facilitate fair and prompt dispute resolution, both you and UGREEN agree that any disputes, claims, or controversies related to this Agreement, UGREEN products and services, or your relationship with UGREEN shall be resolved independently and not as a class action, class arbitration, or any other legal action initiated by another representative or group unless otherwise expressly provided by law.
    2. You and UGREEN each expressly waive your right to participate in a class action lawsuit or arbitration. Unless otherwise agreed in writing by both you and UGREEN, neither party may consolidate multiple claims or proceedings into any form of class action or class arbitration.
    3. You acknowledge that you have fully read, understood, and agreed to the class action and class arbitration waiver before entering into this agreement, and have independently considered the consequences of these terms.
16.   Contact us
    1. Please contact us via the contact details below if you have any questions, comments, or suggestions about this agreement or our services.

(1) Contact us via "Help Center - Contact Us" within UGREEN NAS;

(2) We have designated a data protection officer, who can be contacted via email at: ugreennascss@gmail.com;

(3) Contact us by mail as follows:

Registered Addresses: 108 WEST 13TH ST WILMINGTON, DE 19801, USA County of Delaware

17.   Governing Law and Dispute Resolution
    1. The effectiveness, execution, interpretation, performance, and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China.
    2. Any dispute arising from or in connection with this Agreement shall be submitted to the Shenzhen Court of International Arbitration for arbitration.
18.   Miscellaneous
    1. Should any term in this Agreement be deemed invalid due to a conflict with applicable law, it shall be interpreted and enforced in a manner as close as possible to the original purpose of this Agreement without violating such law, without affecting the remainder of the Agreement.
    2. The terms of this Agreement shall be interpreted and enforced to the maximum extent permitted by applicable law.
    3. Independent Entities You and UGREEN are independent entities. Under no circumstances shall this Agreement constitute any express or implied warranty or condition granted to you, nor shall it constitute any agency, partnership, joint venture, or employment relationship between you and UGREEN.
    4. UGREEN has no access to the files and data stored by the user in the NAS device, and the user or the entity represented by the user is the legal responsible party (referred to as data processor in China and data controller in the EU) of these files and data. To transmit personal information, data related to national security or public safety (such as important data and core data), or trade secrets overseas, the user or the entity represented by the user shall take appropriate measures to ensure that the cross-border data transfer complies with the legal requirements for data transfer in both the exporting and importing countries or regions, and does not infringe upon the legitimate rights and interests of any third party.