Welcome to use WaveShark services through WaveShark APP owned by PowerVision Tech Inc. and its affiliates (Hereinafter referred to as “Our Company”, “We”, “US”, “Mine”). Before using WaveShark APP, please sign the User Agreement and Supplementary Agreement (Hereinafter referred to as “The Agreement”, “The Contract”) with our company. It is our company that provides the interface and all the services included in the agreement. If you any question or demand for the agreement or services when using WaveShark APP, contact the customer service personnel.
Each keyword before each clause aims at facilitating your understanding instead of affecting or limiting the definition of explanation of the clause. In order to protect your own rights and interests, it is highly recommended to read each clause carefully.
【Read Carefully】You should read the agreement carefully before indicating you agreed with one click in the process of APPlication and registration. Ensure you finished reading all the clauses and had a better understanding of them, especially the clauses related to liability exemption, liability restriction, law APPlication, dispute resolution. Liability exemption and restriction clauses will be bold and underlined text to draw your attention.
Sign Action】After you finished registration by filling in your personal information, it indicates you fully read, understood and accepted all the clauses in the agreement as one of your WaveShark APP users. If there is any clause you don’t APProve or you disagree on the whole agreement, stop registering.
The following contents should be understood per the definition, unless otherwise specified in this agreement：
1.1 WaveShark APP: refer to WaveShark client program on PC or mobile systems including Windows, iOS, Android, etc.
1.2 Our Company: refer to WaveShark APP and WaveShark board operator.
1.3 WaveShark Service: refer to the service or measures offered by our company or authorized agents or dealers, including but not limited to the maintenance and repair of WaveShark board, online data processing, platform operation, customer service such as user consultation, complaint, etc.
1.4 User: refer to persons with full civil capacity and able to enjoy WaveShark APP service.
1.5 Authenticated User: refer to those who signed WaveShark APP User Agreement with our company and completed registration. Each authenticated user only has one account, and each account has a unique username.
1.6 Account: refer to the unique account number set by the authenticated user.
2.1 Contract party
Signed by you and our company, this agreement has the same legal force on both of us.
2.2 Supplementary Agreement
3.1 User Eligibility
Confirm you the Capacity for Civil Conduct ruled by PRC before starting registration and authentication to be eligible for WaveShark APP service. Users should be healthy people aged 12 and above. Usage is strictly prohibited for people under 12 years of age, or suffering from epilepsy, heart disease, high blood pressure, temporary vertigo, visual impairment, hearing impairment, disability, etc. For those who are not eligible for the above-mentioned aquatic sports conditions, the user and his or her guardian is responsible for the consequences arising therefrom.
3.2 Account Description
(a) After the registration and verification on WaveShark APP, you are deemed as the user of this platform with your own account.
(b) After the verification on WaveShark APP, you are able to enjoy WaveShark board service.
(c) After filling in the information as per the authentication prompts, read and agree the contract until you finished all the authentication, you will get the authenticated account of WaveShark APP.
(d) It is not allowed to transfer or lend your authenticated account to others, because the authenticated account has correlated with your personal information. Otherwise, you and the actual user will take full responsibility for all actions of using this product, and WaveShark will not bear any responsibility for the consequences arising therefrom.
3.3 Authentication Information Management
(a) 【Information Authenticity】During user authentication, please ensure the information you provided as per the prompts on WaveShark APP is precise, authentic, and complete. You the obligation to keep your information authentic and effective.
(b) 【Information Maintenance】If there is any authentication information change, update it in time. Our company will check and verify your information legally from time to time, and you should cooperate and provide the most timely, authentic, and complete information.
(c) You will take full responsibility for the consequences and loss caused to yourself, others and our company, if you cannot be reached according to the last information you provided, if you don’t update your information in time according to our requirements, and if you provided false information.
3.4 Privilege Opening. After passing the authentication, you are able to rent the board and enjoy WaveShark APP service.
3.5 Our company checks all the user authentication and determines whether it can be APProved eventually. Our company has the right to question the authenticity and legality of documents users uploaded, and releases the result of ‘Authenticity Failed’ without giving any explanation. Users can reAPPly for authentication.
4.1 Your account is at your disposal, our company will never require you to provide your personal information. Therefore, please take care of your account and you are responsible for the safety of your account. Each time you log out, please follow the right steps and exit from WaveShark APP.
4.2 Except for the faults on the party of our company, you take full responsibility for the actions and results (including but not limited to WaveShark board rental and return, payment, information release and disclosure, book address open), no matter they cause any harm to yourself or other third parties.
4.3 Please contact WaveShark APP platform if your account is at the risk of being stolen or lost when others use it without the permission of authorized dealers. Please understand it takes time to deal with any of your request, our company does not take any responsibility before taking measures unless you solid evidence to prove our fault.
5.1 Authenticated users can log into WaveShark APP and enjoy the service.
5.2 Please ensure that you shall not use WaveShark APP illegally, including but not limited to:
(a) Intentionally access, record, steal, and propagate data and related information on WaveShark APP by technical means;
(b) Intentionally access, record, steal, and propagate data and related information on WaveShark APP by technical means;
(c) Disturb or destroy WaveShark APP platform, device, service or network;
(d) Intercept, tamper with, collect, store, use, propagate or delete users’ information without legal authorization;
(e) Other unauthorized behaviors.
5.3 To use WaveShark Service you agree without being limited to the following not to:
(a) Breach the basic principles ruled by the Constitution;
(b) Breach state unification, sovereignty and territorial integrity;
(c) Disclose state secrets, undermine state security, and damage state pride and interests;
(d) Incite ethnic hatred and discrimination, undermine ethnic harmony, and infringe national customs and habits;
(e) Violate national religious policy and preach heresy and superstition;
(f) Disrupt social order and threaten social stability;
(g) Propagate foul, gamble, violence and instigate crime;
(h) Propagate foul, gamble, violence and instigate crime;
(i) Infringe copyright, intellectual property rights, business secret of the third party and patents;
(j) Keep WaveShark APP out of normal operation by damaging, falsifying, deleting, and getting user data and personal information through virus, Trojan, crawler and other malware or programs without any authorization;
(k) Disobey social morality, violate public order and social ethics, and slander national cultures;
(l) Release content against national laws, regulations, and policies.
5.4 Force Majeure
We are liable for the basic guarantee, but assume no responsibility for any loss and damage caused by the network infrastructure such as equipment maintenance and connection breakdown, system problems related to computer and communication, power failure, strike, violence, fire, flood, storm, explosion, war, government actions, administrative command, or third-parties.
6.1 Personal Information Protection
(c) If you access the information of other users when you use WaveShark to communicate with others, you warrant that you will keep the information secret, without disclosure to any third party.
(d) You grant our company to access your texts, images, videos, audios except your personal information during the copyright protection period, and accept that we store, use, copy, revise, edit, post, show, translate and assign your information, and include it in other production in current and future media and technology.
7.1 You accept this agreement and become a user of WaveShark APP, which enables to use WaveShark APP service according to the terms of this agreement. There is no other authorization, cooperation, agency, clientage and employment relationship between you and our company.
7.2 You accept the intellectual property right of WaveShark APP and related confidential documents belong to our company, while that of advertisement on the APP belong to sponsors or dealers. You agree and warrant that you will not revise, rent, lend, sell, transmit or conduct other actions (e.g. reverse engineer, reverse translation) that will infringe intellectual property rights without any written authorization.
Because of the real-time update of Internet service, you read and agreed that we are not liable for the loss caused by the following cases:
8.1 WaveShark APP is disturbed which caused service delayed, unsafe, or whatever;
8.2 WaveShark APP provides information that is right in any condition;
8.3 The board you rented on WaveShark APP meets your expectation absolutely;
8.4 Your data in a computer or mobile device get lost after downloading WaveShark APP.
Our service is based on the current and available status of WaveShark APP. Except this agreement and other written contracts on our part, we are not liable for guarantees, including but not limited to commercial sales, special-purpose APPlicability, and other expressions or implications.。
9.1 Please rent, unlock, use and pay for the board via WaveShark APP on mobile devices.
9.2 Please ensure the board has no damage before usage, including but not limited to checking whether it is intact in components and sensitive in manipulation.
9.3 Please stop using and change the board if you find any damage.
9.4 You are liable for any loss and damage caused to yourself, others and the board, if you continue to use the board that has been proved damaged before usage, and we assume no responsibility in the case.
9.5 Please use the board following related rules, regulations, instructions and arrangement of the service center and staff present, otherwise you are liable for any loss and damage caused to yourself and third parties. Please cooperate with related departments in investigation and problem solving if an accident happens. We are not liable for an accident unless you can prove it is caused by the inherent defect of our board.
9.6 The board you rented is for personal use, not allowed to be lend to others or change the user during usage. It is also forbidden for two or more people to use the same board, otherwise you will be liable for the damage of users and the board. In the face of risks and adverse weather conditions such as typhoon, rainstorm, ice and snow, stop using the board and listen to the staff present in case of any accident or loss, otherwise you are responsible for all the loss and damages.
9.7 Please use the board properly. Do not damage the board or stop others to use it, including but not limited to hitting the board, damaging the board, washing up the board on shores, etc.
9.8 You are liable for any dispute between you and the third party, and we don’t assume any responsibility. We are only responsible for the damage caused by our company.
9.9 Please follow the instructions of the staff present, and keep the belongings of yours and mine safe. We take no responsibility for your personal property. Once it is lost, it is at your own risk.
9.10 Please end using the board and pay for it via WaveShark APP on mobile devices, and confirm to returned the board to designated places. Contact us through the APP if there is any damage to the board.
10.1 Tracking Evaluation
In order to offer better services and keep the market in order, we the right to evaluate your actions on WaveShark APP and increase or reduce the price you are going to pay for using the board. If you damage the board on purpose, or do not listen to the staff present, we the right to raise the payment for WaveShark service, or stop you using the board.
10.2 Contract Breach
You are regarded to breach the contract in the following situations:
(a) Provide incomplete, fake, and invalid personal information when registering for WaveShark APP;
(b) Threaten transaction or account safety;
(c) Make profits by improper or illegal actions, including but not limited to bribing our staff and/or associated people using money, consumption, entertainment, commercial opportunities, etc;
(d) Disturb the order of WaveShark APP, circumvent the rules and management of the platform, or access and use resources on WaveShark APP improperly, etc;
(e) Violate the rules in this agreement;
(f) Violate the rules in the Constitution;
(g) Violate other rules formulated by this agreement.
In order to adjust to Internet development and meet the demands of increasing people for high-quality services, you understand and agree that our company has the right to set the procedures and standard of contract breach. For example, we can judge whether you violated the rules or not according to the relationship between your data and plenty of user data. You are liable for giving evidence and explanation if your data is abnormal, otherwise you will be viewed to violate the contract.
10.3 In order to protect the benefits of other uses and WaveShark, and keep the market operation in order, our company has the right to take measures if a user violates the contract and we are not liable for informing him or her in advance:
(a) Stop WaveShark board service: means authenticated users are not allowed to rent the board via WaveShark APP
(b) Close account: means deleting a user account or restricting all his/her privileges, and blacklisting him/her, without offering any service;
(c) Public warning: means publishing the result of any case in progress via the management system of WaveShark APP;
(d) Agreement Termination.
10.4 Our company has the right to release users’ illegal information on WaveShark APP, such as the treatment to unlawful conducts, and legal documents issued by administrative or judicial organizations to prove a user violates the law.
10.5 Reparation Responsibility
(a) You are liable for all the loss and damages caused by your actions, including but not limited to direct economic loss and indirect economic loss such as goodwill loss, compensation, reconciliation, litigation cost, etc.
(b) You are liable to compensate our company in money or other aspects, if your actions incur the third party to safeguard his/her rights and cause our company to pay.
10.6 You action will be viewed as bribery if the material, money, labor and travel service you offer exceeds the normal consultation range. If things like this hAPPen, we the rights to terminate the cooperation and charge penalty and/or compensation based on our loss in finance and goodwill.
11.1 Considering the rapid development of Internet, we reserve the right to maintain, upgrade, suspend or change any part of the contract without informing users in advance.
11.2 Our company will amend and supplement the agreement according to the changes of national laws and regulations, and the rights and interests of consumers. The modification agreement and supplementary agreement (Items of change) will notify you through the legal procedure and the way in Clause 12.
11.3 If you do not agree the items of change, you the right to contact our company before the items of change take effect. If your advice is adopted, our company will adjust the items of change at our discretion.
11.4 If you do not agree to the items of change that take effect, you should stop using WaveShark APP before the effective date, and the items of change will not legal effect on you. If you continue to use WaveShark APP after the items of change take effect, it represents that you agreed and accepted the changes and modifications.
12.1 You agree that our company can send you notices in the following methods:
(a) Release content on WaveShark APP;
(b) Send messages on the website, pop up messages on WaveShark APP, and push notifications on the client side;；
(c) Send emails, messages and letters based on your reserved contact information on WaveShark APP.
13.1 Termination on the part of users
You the right to terminate the agreement in any of the following ways:
(a) You will not use WaveShark APP anymore;
(b) Stop use WaveShark APP before the items of change take effect and clearly express that you are reluctant to accept the items of change.
13.2 Termination on the part of our company
Our company will notify you the termination of agreement in the ways expressed in Clause 12 when the following cases happen:
(a) You violate the provisions in this agreement;
(b) Your user behavior is abnormal which may a bad influence on WaveShark APP and other users from the perspective of our company;
(c) Use other users’ accounts without authorization, post illegal information, diddle others’ property, make profits in illegal ways, etc.
(d) Besides the above-mentioned, you violated the regulations on WaveShark frequently and severely;
(e) Other situations where the agreement should be terminated.
13.3 After Agreement Termination
(a) After the agreement is terminated, we do not the obligations to reveal your account information to you and the third party, except it is stipulated by law.
(b) After the agreement if terminated, our company still has the following rights:
(i) Continue to store you reserved information on WaveShark APP;
(ii) Ask users to afford the responsibility of breach of contract according to the provisions in the agreement.
14.1 【Law Application】The formulation, validity, explanation, amendment, supplement, termination, execution, and dispute resolution Apply to the law in the mainland of PRC. If there is no relevant law, refer to commercial practices and/or industry practices.
14.2 【Law Jurisdiction】Any dispute about WaveShark service and platform should be resolved through consultation between you and us. If the consultation fails, both parties have the right to initiate an arbitration to the China International Economic And Trade Arbitration Commission. The arbitration award shall be final and legally bind both parties.
14.3 【Separability】Any of the provisions is separated from the others in this agreement, so any of the abandoned, invalid and non-executable provision will not affect the validity and enforceability of the other provisions in this agreement.
14.4 【Title】 The titles in the agreement are designed for convenient reading only, not part of the agreement, so they have no legal effect.
14.5 【Non-Waiver】Either of the parties waives or delays to exercise his/her rights in one of the provisions, which does not represent to waive the other rights or similar rights in this agreement.
14.6 【Entire Agreement】The agreement binds the two parties and signifies that they have agreed and accepted the contract. Any verbal agreement or those that conflict with this agreement formulated before this agreement, no matter it is verbal, written or in other forms, are regarded as invalid.
14.7 【Part Provision Invalid】If any provision in this agreement or the attached is invalid and unenforceable due to the Application of law, the provision should be viewed as invalid and it does not affect the effectiveness or the other provisions in this agreement. In such a situation, both parties should negotiate and formulate a new provision under reason and law to ensure the realization of the original intention furthest.