PC Connect User Agreement

Last updated on: August 23, 2022

This Agreement is entered into by and between you and Guangdong OPPO Mobile Telecommunications Corp., Ltd. ("OPPO", "we", "us", or "our") and governs your use of PC Connect (the "Service"). This Agreement tells you how we provide the Service to you, what activities are permitted or prohibited on or in connection with the Service, the measures we take to respond to relevant issues, and other important information.

Please do not download, install, or use the Service unless you have carefully read, fully understood, and accept all the terms of this Agreement. By tapping "Agree" or "Next", or by downloading, installing, using, or signing in to the Service, or by either explicitly or implicitly accepting this Agreement, you will be deemed to have read and agreed to be bound by this Agreement. This Agreement is a binding legal contract between you and OPPO.

To sign this Agreement and use the Service, you must have reached the legal age of majority in your country or region of residence. If you are under the legal age of majority, you need your guardian to agree to or sign this Agreement.

If you are a user outside the Chinese mainland, you must also comply with the laws of your country/region of residence when signing or performing this Agreement and using the Service.

Before using the Service, please carefully read and fully understand the clauses of this Agreement, especially the clauses relating to the exclusion or limitation of liability, grant of rights and use of information, and governing law and dispute resolution. The limitation or exclusion of liability clauses are highlighted in bold or underlined for your special attention.

1. About the Service

1.1 The Service (including the PC Connect software itself and its related technologies and functions) is operated by OPPO.

1.2 "PC Connect" is the name of the software that enables file transfer, multi-device coordination, and service interconnectivity between your phone, tablet, and personal computer (PC).

1.2.1 The Service mainly provides the following functions:

1.2.1.1 Near field communication (NFC) between different devices: You can establish a connection between different devices through Bluetooth, Wi-Fi, QR code scanning, or other means.

1.2.1.2 File transfer: You can transfer files between your phone and PC, by either dragging files directly from one device to the other or by sending files between them.

1.2.1.3 Notification syncing: On your PC, you can view SMS messages, phone calls, and third-party app notifications as well as their reminders, and directly reply to some messages. By mirroring your phone screen to your PC, you can click on a message on your PC to open the mobile app concerned and view the details of the message.

1.2.1.4 Mirroring your phone screen to your PC: You can use your computer mouse to control your phone, use the computer keyboard to enter text in the input box of your phone, and use the shortcut keys to copy, paste and perform other operations. When there is an incoming call, a notification might be displayed on your computer so that you can choose whether to answer or decline it.

1.2.1.5 Transferring phone calls to your PC: For the Phone app developed by us and certain third-party phone apps, you may transfer incoming calls from your phone to your PC and answer them on your PC. The voice data will be processed and transmitted in an encrypted manner. However, whether you can answer the incoming calls of third-party apps through your PC depends on the apps' support for your PC's audio system.

1.2.1.7 Shared clipboard: You can share clipboard items between different devices in real time. For example, you can copy any content on your phone and paste it on your PC or tablet.

1.2.2 To realize the Service, we need the following permissions:

1.2.2.1 Read your incoming call notifications: This is to enable call notifications to be displayed on your PC.

1.2.2.2 Access the phone's location: This is to establish an NFC connection between your phone and PC or tablet.

1.2.2.3 Record the phone's audio: When your phone screen is mirrored to your PC or tablet, the sound will be played through your PC or tablet.

1.2.2.4 Use the phone's camera: When you connect your phone to your PC or tablet through QR code scanning, your phone's camera will be used.

1.2.2.5 Access storage data: When you transfer files from your PC or tablet to your phone, it is necessary to read and write to your phone's storage.

1.2.2.6 Turn on/off your tablet/PC/phone's Wi-Fi: This is to turn on your phone and PC/tablet's Wi-Fi to allow them to be connected through Wi-Fi.

1.2.2.7 Turn on/off your tablet/PC/phone's Bluetooth: This is to turn on your phone and PC/tablet's Bluetooth to allow them to be connected through Bluetooth.

1.2.3 Tips before using the Service:

1.2.3.1 You can download the PC Connect client software from our official PC Connect platform (connect.oppo.com) or from a third-party platform authorized by OPPO. If the client software is not obtained from OPPO or an authorized third party, we cannot guarantee that a non-official version of the software can function properly, and we will not be liable for any losses thus incurred by you.

1.2.3.2 Due to geo-restrictions, some features of the Service are unavailable in specific countries or regions and their usage may be restricted under the local laws and regulations. We make no representation that all the features of the Service will be available in your country or region of residence or access.

2. Accessing the Service

OPPO grants you a personal, non-transferable, non-sublicensable, revocable, and non-exclusive license to use the Service for non-commercial purposes under this Agreement. OPPO and/or our licensors reserve all rights in and to all types of information that are made available on or through the Service, including but not limited to text, videos, audio, images, icons, apps, designs, software, scripts, programs, copyrights, trademarks, trade names, logos, and other similar material and services, as well as their look (collectively, "OPPO Content"). Unless otherwise stated in this Agreement, your access to and/or use of the Service does not constitute the transfer of any ownership or other rights in the Service or the OPPO Content contained therein to you or anyone else.

The Service may contain third-party open-source software. The rights and obligations relating to such open-source software are subject to the related software license or open-source agreements. When using such open-source software, you must also comply with the requirements of the third-party software license or open-source agreements. Should any term of this Agreement conflict with any content of the third-party software license or open-source agreements, the third-party software license or open-source agreements shall prevail.

3. Third-Party Services

You understand and agree that you may use services provided by third parties ("Third-Party Services") in the Service. You agree that you will enter into an agreement with such third parties regarding the services they provide (such an agreement is hereinafter referred to as the "Third-Party Agreement"). OPPO is not a party to the Third-Party Agreement entered into between you and a third-party service provider. We strongly recommend that you carefully read the Third-Party Agreement and privacy policy of the third party. OPPO has no right or obligation to control or review the products or services provided by a third party and is not liable for any infringement of your rights or interests as a result of your use of such third-party products or services. OPPO is not responsible for the content or availability of any third-party products or services, nor does it make any warranties of any kind regarding any content, advertising, products, services, or other information provided by any third party in the Service. Any disputes arising from your downloading or use of any third-party products or services through the Service shall be resolved by such a third party, and OPPO shall not be responsible or liable for these disputes. OPPO does not provide any technical or customer support for any third-party service. If you need support, please contact the third-party service provider.

4. Use Restrictions

You must comply with laws and regulations when using the Service. You must not use the Service to commit any illegal acts or acts expressly prohibited by this Agreement, including but not limited to:

· Posting, transmitting, disseminating, or storing any content that endangers national security or unity, undermines social stability, goes against public order or good morals, or any insulting, defamatory, obscene, or violent content, or any content that violates national laws or regulations;

· Posting, transmitting, disseminating, or storing any content that infringes the legitimate rights of others such as intellectual property rights and trade secrets;

· Posting any pictures or other content that promotes violence, nudity, partial nudity, discrimination, violation of laws, or infringement, or any disgusting, pornographic, or sexually suggestive pictures or other content;

· Defaming, coercing, bullying, abusing, harassing, threatening, impersonating, or intimidating other persons or entities, or using the Service to post private or confidential information of any other person, including but not limited to their ID card number, bank card number, passport number, residential address, non-public telephone number, or non-public email address;

· Asking for another person's account and password or accessing their account to engage in money laundering, cash-out or pyramid selling;

· Altering, modifying, adapting, or changing the Service, or altering, modifying, or changing other websites so as to mislead others into believing that such websites are linked to the Service;

· Accessing OPPO's confidential application programming interfaces ("APIs") by means other than those permitted by OPPO (the use of OPPO's APIs must comply with OPPO's rules);

· Using any plugins, add-ons, systems, or third-party tools that are not authorized or licensed OPPO to interfere with, disrupt, or otherwise affect the normal functioning of the Service;

· Creating an account to use the Service by unauthorized means, including but not limited to the use of automated devices, scripts, bots, web crawlers, or plagiarized programs;

· Attempting to restrict other users from using or enjoying the Service, or encouraging or facilitating any behavior which violates this Agreement or other terms or conditions published by OPPO;

· Using any domain name or website URL in your account without OPPO's prior written permission;

· Interfering with or disrupting OPPO's server or network or any server or network connected to the Service through any means, such as spreading worms, viruses, spyware, malware, or other destructive code;

· Damaging, disabling, diminishing, or endangering the Service or the related OPPO end system or its security, overloading the system, interfering with the end system of anyone else or any other party, or invading or gaining unauthorized access to the Service or OPPO data;

· Reverse engineering, disassembling, or decompiling the software contained in or relating to the Service, or otherwise attempting to discover the source code of the software;

· Submitting or otherwise providing the Service, either wholly or partially (including the subject matter of license and source code), in any way to any other person without OPPO's prior written consent;

· Reproducing or modifying the Service, either wholly or partially, without OPPO's prior written consent, or merging or incorporating the Service or any part thereof with or into any other program;

· Using the Service for commercial purposes without OPPO's prior written consent; or

· Committing any other acts which violate laws or regulations, this Agreement, or other relevant rules of OPPO or infringe upon the legitimate rights or interests of others.

You may not change, reproduce, extract, modify, alter, or add to the Service or OPPO Content contained therein in any way, nor may you sell, copy, disseminate, license, or misuse the OPPO Content. If you need to repost, extract, reproduce, disseminate, or otherwise use any OPPO Content, you must contact OPPO in advance to obtain our prior written consent, except as otherwise expressly stated in this Agreement. This shall have no effect of limiting your rights under the mandatory provisions.

You have legal rights in and are solely responsible for the text, files, images, pictures, or other information that you upload, publish, and otherwise transmit to or through the Service (collectively, "User Content").

OPPO has the right to limit the availability of the Service or any part thereof to any individual or territory and to limit the amount of content, programs, products, services, or other features provided through the Service at our sole discretion at any time.

5. Updates to the Service

To improve our user experience and service content, OPPO may strive to develop new services on an ongoing basis and provide you with software updates from time to time.

You are aware and agree that to improve our user experience or the security of our services and ensure consistency in our features, OPPO reserves the right to provide software updates to the Service or changes to some features or content of the Service. Such updates or changes include but are not limited to software modifications, upgrades, enhancements, new service offerings, or new software releases. If you decline the updates or changes, some of the features will be restricted or become unavailable.

6. Management of the Service

You understand that, subject to applicable laws and regulations and for the purpose of operating and improving the Service (including but not limited to fraud prevention, risk evaluation, surveys, and customer support), we have the right to take necessary measures to ensure that you will abide by this Agreement and applicable laws, or the orders or requirements of courts, administrative authorities or other government agencies.

7. Privacy and Data Collection

Protecting users' personal information is a basic principle of OPPO. In addition, to provide you with more stable services and secure your transactions, OPPO may collect and process your personal information in accordance with our Privacy Notice.

8. Disclaimer

We will make every endeavor to provide you with uninterrupted and secure services. You understand that the Service may be interrupted, delayed, or interfered with for an indeterminate amount of time due to factors beyond our control. You agree that OPPO shall not be liable for any losses caused by or arising out of any such delay, interruption, interference, or similar failure.

To the maximum extent permitted by applicable law, OPPO is not liable to you or anyone else for any damages caused by failing to access or use the Service due to:

· Any suspension or termination of the Service resulting from OPPO's system, software, or hardware maintenance or upgrade;

· Any delay or failure of a related system or network that is not owned or controlled by OPPO;

· Any suspension, cancellation, or termination of any agreement or other arrangements between OPPO and any third-party payment service provider;

· Errors or interruptions of the Service caused by hacker attacks or similar security breaches; or

· Any other reason beyond OPPO's reasonable control.

The Service is provided on an "as is" and "as available" basis without any warranty or endorsement of any kind. To the maximum extent permitted law, OPPO disclaims all warranties, conditions or other terms of any kind, express or implied, and makes no guarantee, undertaking, representation or warranty with respect to:

· The timeliness, reliability, accuracy, or completeness of the Service or information made available on or through the Service;

· The possibility that the Service or the server hosting the Service contains defects, viruses, bugs, or any other harmful elements;

· The availability of the features of the Service, or the reliability, quality or accuracy of any information obtained by you as a result of your use of or access to the Service;

· The reliability, quality, accuracy, or availability of the Service, or its ability to meet your needs or generate or deliver required results or outcomes.

OPPO will not be responsible or liable for any loss or damage caused in whole or in part by relying upon, using, or interpreting the Service or other information obtained through your (or any other person's) use of the Service.

OPPO is not liable for any failure or delay in the performance of this Agreement or its obligations under this Agreement arising out of or caused by circumstances beyond OPPO's reasonable control.

The Service is for your sole use only and must not be used by any third party. You agree that OPPO and its affiliates, officers, directors, employees, contractors, agents, third-party payment providers, partners, licensors and distributors (collectively "OPPO Parties") are not liable for any loss caused by any unauthorized use of the Service.

The laws of some countries do not allow the exclusion or limitation of certain warranties, guarantees or liabilities. If such laws apply to you, then some or all of the above exclusions or limitations may not apply to you. Nothing in the Agreement affects your legal rights that you are always entitled to as a consumer and which you cannot contractually agree to alter or waive.

You agree that in the event that you incur any damages, losses, or injuries arising out of our acts or omissions, the damages (if any) caused to you are not irreparable or sufficient to entitle you to an injunction preventing the exploitation of any websites, property, products, services, or other content owned or controlled by OPPO, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition, or exploitation of any websites, property, products, services, or other content owned or controlled by OPPO.

9. Modification, Suspension, and Termination of the Service

Subject to applicable laws, we may temporarily or permanently suspend, cancel, or restrict your access to the Service in whole or in part at any time, without assuming liability for any individual or third party. We will endeavor to provide notice to you before we do this. However, we may not provide prior notice to you, and may permanently or temporarily restrict, cancel, or terminate your access to the Service in whole or in part upon the following conditions:

· You violate or OPPO has reasons to believe that you are about to violate this Agreement, including any provisions, policies, or guidelines contained therein;

· You, or anyone acting on your behalf, acts fraudulently or illegally, or provides OPPO with false or misleading information;

· OPPO responds to requests from law enforcement or government agencies in accordance with effective legal procedures;

· OPPO carries out urgent maintenance work or updates to systems or hardware;

· OPPO encounters unforeseen technological, security, or business issues.

You may terminate this Agreement by ceasing to use the Service.

The expiration or termination of this Agreement shall not affect the provisions contained herein that are expressly stated to remain enforceable or effective after its invalidation or termination, nor does it affect any accrued rights or obligations or any rights or obligations that survive the invalidation or termination of this Agreement.

Any provisions in this Agreement that expressly or by their nature survive the termination of this Agreement will continue in full force and effect subsequent to its termination until they are satisfied or by their nature expire.

10. Liability for Breach of Agreement

You agree to protect and safeguard the Service and the interests of OPPO and other users and to be liable for any damages caused to the Service, OPPO, or any other third party as a result of your violation of applicable laws, regulations, or any term of this Agreement.

11. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the People's Republic of China (excluding the laws of Hong Kong SAR, Macao SAR, and Taiwan), except as otherwise specified by any mandatory applicable laws in your jurisdiction, in which case all or certain rights and obligations of the Parties involved shall be governed by the laws of your usual place of residence.

To the extent permitted by applicable law, you and OPPO shall first resolve any dispute or issue relating to the Service that arises from this Agreement through friendly consultation. If no resolution can be reached within 30 days from the date a dispute has first been raised by either Party, either Party shall have the right to submit the dispute (which may be either contractual or non-contractual) to the Dongguan No. 2 People's Court in Guangdong Province of China for resolution, with the only exception that if mandatory laws and courts in your country/region provide you with an inalienable right to submit the dispute to your local jurisdiction, or if the courts in your country/region consider this to be unfair, then the dispute shall be submitted to the courts of your usual place of residence. This does not affect your right to sue to protect your legitimate rights.

12. General Terms

To better improve our user experience and services, we will continue to optimize the Service. We may add or delete features to or from the Service, impose new restrictions on the use of the Service, or suspend or terminate parts of the Service. We may also revise this Agreement based on the updates to the Service. We will inform you within a reasonable amount of time in advance of any changes to the Service or this Agreement that will materially disadvantage our users or materially limit the access or usage of the Service. For changes to the Service that we need to make to meet security, safety, legal or regulatory requirements, we may not be able to meet the aforementioned timescales and we will update you on these changes as soon as practicable.

If any term in this Agreement is held by a court with appropriate jurisdiction or any other competent authority to be invalid, void, or unenforceable, then that term shall be deemed to have been removed from this Agreement, but the remaining terms shall remain valid or enforceable.

OPPO has the right to transfer, assign, subcontract, or alter its rights and obligations under this Agreement.

13. Contact Us

If you have any questions regarding this Agreement, please contact us through our official PC Connect platform (connect.oppo.com).