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Terms of Use

Published February 26, 2021

Welcome to thewww.MioTech.comwebsite and other MioTech URLs and websites (collectively, the “Sites”) operated by MioTech. By visiting and using the Sites you will be accepting these Terms of Use ("TOU"). The TOU governs your access to and use of the Sites and any of the services we provide through the Sites (together the “Services”).Please read them carefully and if you disagree with the TOU in any way, then do not use the Sites or any of the Services. MioTech reserves the right to post changes to the TOU on the Sites at any time. If we make any material changes to this TOU, we will post the updated TOU here, along with its effective date, and notify you by email or by means of a notice on our Sites.If any TOU changes are not acceptable, you must stop your use of the Sites. In these TOU, "MioTech" and "we" refer to Mioying Financial Technology (HK) Limited and Yingtou Information Technology (Shanghai) Limited (颖投信息科技(上海)有限公司) and their affiliates, and "User" or "you" refer to each visitor to the Sites.

If you subscribe to any Services offered through the Sites, you may also be subject to additional terms and conditions ("Terms of Service" or "TOS") applicable to such Services, which will be brought to your attention at that time.

Sites and Services

You must register as a member on the Sites in order to access and use some Services. Further, MioTech reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users, or subject to other conditions that MioTech may impose in our discretion.

We do not guarantee that access to or use of the Sites or any Services will be uninterrupted or error free, and MioTech shall not be liable for any feature not being accessible or for any unavailability of its Site and Services. The Site and its features may be expanded, limited or modified at any time by MioTech to meet the needs of its Users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the Sites or Services, without notice. Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. MioTech may in our sole discretion limit, deny or create different levels of access to and use of any Services (or any features within the Services) with respect to different Users.

To access some of the content or features of the Sites or its Services, Users may need to enhance or update the hardware or software in their computer systems. MioTech assumes no responsibility for any failure to access the Sites or any Services, partially or fully, whether due to the User's system, the Internet network or any other cause.

Minors

These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13.You may not use the Sites if you are under 13 years of age. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.

Compliance with Laws

You agree to comply with all applicable laws in connection with your purchasing and/or viewing of any content in the Sites or through the Services. Further, access to our Sites or Services from certain territories may be prohibited. You agree that you will not violate any applicable data export laws in connection with your purchase and/or viewing of the content in the Sites or through the Services.

No Individual Investment Advice

The Sites does not provide individual or customized legal, tax, accounting, or investment services. Since each individual's situation is unique, a qualified professional should be consulted before making financial decisions.

Site Content and Services Limitations

We make no guarantees as to the accuracy, thoroughness or quality of the information on the Sites or through the Services, which is provided only on an “AS-IS” and “AS AVAILABLE” basis at User’s sole risk. This information may be provided by third parties and MioTech shall not be responsible or liable for any errors, omissions or inaccuracies in the Site content. The information and investment, accounting, or legal analysis strategies provided at the Sites (if any) are neither comprehensive nor appropriate for every individual. Some of the information is relevant only in the PRC and Hong Kong, and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of the information and Services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial, accounting, legal, or business purpose. In addition, the opinions and views expressed on the Sites and through any of the Services do not reflect the opinions or suggestions of MioTech or its management. The Site content and Services may be modified at any time by us, without advance notice or reason, and MioTech shall have no obligation to notify you of any corrections or changes to any Site content and Services.

License to Use Site Content and Services

We grant you a limited personal use license to access and use the Sites content and Services solely for your own personal use, provided that the content is not modified and all proprietary notices are kept intact.You may not reproduce, publish, translate, merge, sell, rent, distribute the content, or create a derivative work of the content on any other website or as part of any educational, training or reference materials. You may not frame or utilize framing techniques to enclose any content on the Sites and from the Services.

Third Party Content

Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through the Sites or Services by third parties (if any) (“Third Party Content”) are solely those of their respective providers and not of MioTech which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content.It is the responsibility of the User to evaluate Third Party Content and MioTech shall not be liable for any damage or loss caused by Users’ reliance on or other use of Third Party Content.

MioTech Widgets

MioTech may, in its sole discretion, provide certain widgets subject to this TOU (the “Widgets”).By accessing and using any Widget (including copying any Widget html code), you agree to be bound by the following:
• You may only display the Widget(s) on a website you own and operate;
• You may not modify any Widget including without limitation that you may not change any code, obscure or disable any element of any Widget, tag links to MioTech with a “no follow” attribute or similar mechanism;
• You agree not to make any representations or warranties (express or implied) about MioTech or the Site;
• You may not suggest or imply any affiliation with, sponsorship, or endorsement by MioTech;
• You may not place the Widget on any site that contains any content that is in any way unlawful, harmful, obscene, harassing, or racially, ethnically, or otherwise objectionable. Additionally, you may not place the Widget on any site that infringes any MioTech intellectual property or other rights, or violates any applicable law;
• This TOU does not grant you any right in any MioTech code, content, logos or trademarks beyond the limited permission to display the Widget granted herein.
• MioTech reserves the right at any time to terminate or modify your permission to display the Widget. The Widgets are subject to change from time to time in our sole discretion. We may cease to return content from the Widget at any time in our sole discretion.

Account Creation

General. The Services offered by MioTech require you to create an account. When you create an account, you agree that you have the authority to create that account and that all information you provide will be true, accurate, current, and complete. You are solely responsible for keeping your login information (e.g., user ID and password) accurate, secure, and confidential. You are also responsible for any activity resulting from use of your login information. You agree to immediately inform us if you suspect that your login information has been comprised. We are not liable to you for any losses or damages you incur resulting from unauthorized use of your login information.

Social Sign in. If you login or sign in using social networking functionality, e.g., Facebook, you agree to abide by the applicable social network’s terms and conditions.

Advanced Services – for Users

MioTech may offer certain Services, including, for example, MioTech’s AMI service or any trial services thereof (collectively, the “Advanced Services”), which allow Users to use MioTech’s AI-driven investing technologies to manage risks.Your use of and reliance on such services, if any, is entirely at your own risk, and you are solely responsible for complying with this TOU at all times.

IMPORTANT:

No Client Relationship; No Privilege.By using the Advanced Services,MioTech do not intend to form, and do not form an advisor-client, planner-client, or any other direct privileged or professional relationship with any User of the Sites. Additionally, none of the Third Party Content will be treated as private or confidential, nor is it protected by attorney-client, or any other privilege, and it may be read, collected, and used by MioTech and others.

PLEASE NOTE:

MioTech does not provide tax, accounting, legal, investment, or financial services. The information available through MioTech’s Advanced Service is solely for informational purposes at User’s sole risk. The information is not meant to be, and should not be construed as advice for investment, financial planning, legal, accounting, or tax purposes. The publication by MioTech of any information or analysis is not and shall not be deemed an endorsement or recommendation of any third party by MioTech. MioTech makes no guarantees as to the accurateness, quality, or completeness of the information and MioTech shall not be responsible or liable for any errors, omissions, inaccuracies in the information or for any User’s reliance on the information. User is solely responsible for verifying the information as being appropriate for user’s personal use, including without limitation, seeking the advice of a qualified professional regarding any specific financial, legal, accounting, or tax questions a user may have. MioTech is not endorsed by or affiliated with any state/provincial/territorial bar association or other legal or accounting membership organization or association, tax authorities, or agencies or associations, or the Financial Industry Regulatory Authority (FINRA) in the U.S., the Investment Industry Regulatory Organization of Canada (IIROC) or any other financial regulatory authority, agency, or association.

You may not reproduce, upload, transmit, distribute, publicly display, sell, publish, copy, frame or utilize framing techniques to enclose or otherwise use the Advanced Services, and/or any content or materials provided therein for any commercial purpose without MioTech’s express written consent.

Viruses

MioTech does not guarantee that files available for downloading through its Site will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

Advertisers Are Not Endorsed

Though we seek to partner with quality companies, we are not responsible for the claims or representations made by advertisers and sponsors (if any). MioTech does not review, endorse or recommend the products or services of any company mentioned on our Sites. We will not be liable in any way for damages of any kind resulting out of the misuse of any personal information or data submitted by you to an advertiser or sponsor.

Links

As a convenience to Users, the Sites and Services may provide links to other sites or resources. Because we do not review and have no control over such sites and resources, MioTech shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by MioTech of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Site. The information available on third parties websites may have certain restrictions on its use or distribution which differ from this TOU.

Prohibited Conduct

The following activities are strictly prohibited:
• Using the Sites or Services for any unlawful or fraudulent purpose (including links);
• Posting materials containing viruses or other malicious or destructive code in the Sites;
• Engaging in any activities that are defamatory, violate the personal privacy rights of others, or infringe any person's rights;
• Using the Sites or Services for purposes that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrading to others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way;
• Copying, modifying, creating a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Sites or Services;
• Removing or obscuring the copyright notice or other notices displayed in connection with the content accessible through the Sites or Services;
• Interfering with or disrupting the Sites functionalities, Services, or servers and networks connected to Site, or disobeying any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Site;
• Modifying the Sites or Services in any manner or form, or using modified versions of the Sites or Services, including (without limitation) for the purpose of obtaining unauthorized access to the Sites or Services;
• Reproducing, printing, caching, storing, framing or distributing content retrieved from the Sites or Services in any way not authorized by this TOU or for any commercial use without the prior written permission of MioTech;
• Selling, assigning, sublicensing, or otherwise transferring any right in the Services or content accessible through the Sites;
• Accessing the Sites or Services by any means other than through the interface that is provided by MioTech;
• Using the Sites or Services to violate any law (whether local, state/provincial/territorial, national, or international), whether or not intentionally;
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity;
• Engaging in "screen scraping," "database scraping,"; and/or
• Facilitating violations of this TOU or the Privacy Policy.

If any User breaches any terms of this TOU, or if MioTech has reasonable grounds to believe that a User is in breach of any terms of this TOU, including any User conducting any of the above prohibited activities, MioTech shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the User’s account and any and all accounts determined to be related to such account by MioTech in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) imposing other restrictions on the User’s use of any features or functions of any Service as MioTech may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as MioTech may deem necessary or appropriate in its sole discretion.

Privacy

The Sites may collect personal information from some Users. Please review our Privacy Policy to understand what information we collect and store, how that information is used, how we may share that information, and your rights in connection with your personal information. The Privacy Policy is incorporated by reference and made a part of this TOU.

Communications

When you visit our Sites, use any of our Services, or send us an email, you expressly indicate your consent to electronically receive any and all communications, notices, and our disclosures that we may provide in connection with your use of the Sites and/or Services, including, without limitation, e-mail, and in-website communications. All agreements, notices and communications that we provide to you by email will satisfy all legal requirements that they be in writing and delivered to you. MioTech will have the right to disclose any email sent by a User, or any objectionable material, to comply with legal process or to protect the rights or property of MioTech, its customers, suppliers and Users. Any such notices may also include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you, in accordance with applicable law. You may unsubscribe following the instructions on any email, excepting that we may still send you administrative and transactional notices, including, without limitation, information about your Account, confirmation of your purchase of Services, information about your progress, or other services that may be necessary to provide you with any one of the Services.

If you provide your telephone number to us when you register for an Account or use other MioTech Services on the Sites, you expressly consent to receive autodialed or prerecorded calls and text messages from MioTech at that number. If a telephone number is a mobile telephone number, you hereby consent to receive SMS or text messages at that number. We may place such calls or texts to (i) notify you about your account and any use thereof; (ii) provide you with necessary services, etc.; (iii) troubleshoot problems with your account; (iv) resolve disputes; (v) contact you with offers and promotions; or (vi) as otherwise necessary to service your account or enforce these TOU, our policies, applicable law, or any other agreement we may have with you. We will not share your phone number with third parties for their purposes without your consent. We may share your phone numbers with our Affiliates or with our service providers, such as customer support, billing or collections companies, who we have contracted with to assist us in pursuing our rights or performing our obligations under these TOU, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. Standard telephone minute and text charges may apply.

You understand and consent that we may, in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by us, andwe do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Feedback

We welcome all feedback, ideas, inventions, materials, and suggestions (“Feedback”) from our Users regarding our Services.You understand and agree that MioTech does not waive any rights to use similar and/or related Feedback previously or contemporaneously known to it, whether developed by its employees, contractors, obtained from other sources, or submitted by other Users.Further, by submitting any Feedback, you grant us the right to use the Feedback without any restrictions on the use of such Feedback or any compensation to you.

Proprietary Rights

The MioTech Site and its content are protected by copyright, trademark and other proprietary laws.

Any MioTech logos and/or trademarks that appear in any Site or Services are our property and may not be used without our express written consent. All other trademarks, service marks and logos used in connection with any Services, with or without attribution, are the trademarks, services, or logos of their respective owners and may not be used without their express written consent.

Reporting Copyright Infringement. MioTech takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law.

Repeat Infringers. It is our policy in appropriate circumstances to disable access to the Sites and/or terminate the accounts of users who are repeat infringers of these TOU.

Subscription Services

Although MioTech offers services in many parts of the world, certain MioTech services may not be available in or suitable for certain countries or locales. We reserve the right to discontinue or to make changes to, our Site and any of our Services at any time without advance notice.

Limitation of Liability

DISCLAIMER OF WARRANTIES: THE SITES AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITEs IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. YOUR USE OF THE SITES, THE WIDGETS AND SERVICES IS AT YOUR SOLE RISK. THE SITE, THE WIDGETS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MIOTECH MAKES NO REPRESENTATION OR WARRANTY THAT THE SITES, THE WIDGETS OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES, THE WIDGETS, AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE. TO THE GREATEST EXTENT PERMITTED BY LAW, MIOTECH DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THE WIDGETS THE SITE, AND ITS SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS CONTENT, IN ANY WAY AND FOR ANY PURPOSE.

EXCLUSION OF CONSEQUENTIAL DAMAGES: IN NO EVENT WILL MIOTECH BE LIABLE FOR ANY INCIDENTAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WIDGETS THIS WEBSITE OR ANY OF ITS SERVICES OR CONTENT, OR LOSS OF DATA, EVEN IF MIOTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.

Any material downloaded or otherwise obtained through the Sites or Services is done at each User's sole discretion and risk and each User is solely responsible for any damage to its own or to MioTech’s computer system(s) or any loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from MioTech or through or from the Sites shall create any warranty not expressly stated herein.

The Sites may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall MioTech or our affiliates be held liable for any such services or products.

Each User hereby agrees to indemnify and save MioTech, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's access to or use of the Sites or Services (including but not limited to the display of such User's information on the Sites) or from your breach of any of the terms and conditions of the TOU. Each User hereby further agrees to indemnify and save MioTech, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to MioTech.

Notwithstanding any of the foregoing provisions, the aggregate liability of MioTech, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the access to or use of the Sites or Services during any calendar year shall be limited to the lessor of (a) the amount of fees the User has paid to MioTech in exchange for the access to or use of the Sites or Services during the calendar year and (b) the maximum amount permitted under the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Sites or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under the applicable law governing the Terms.

The limitations and exclusions of liability to you under the TOU shall apply to the maximum extent permitted by law and shall apply whether or not MioTech has been advised of or should have been aware of the possibility of any such losses arising.

General

This TOU, and any applicable TOS, constitute the entire agreement between each User and MioTech governing the User's access to and use of the Sites and its Services, and supersede all prior agreements regarding its subject matter.

The TOU shall be construed in accordance with and governed by the laws of the People’s Republic of China.

Any dispute, controversy or claim arising out of or relating to this TOU, including any question regarding its existence, validity, interpretation or termination (a "Dispute") shall be settled through friendly consultations among the parties. If no settlement is reached within thirty (30) days from the date one party notifies another party or parties in writing that a Dispute has arisen, such Dispute shall then be referred to and finally resolved by Shanghai International Economic and Trade Arbitration Commission ("SHIAC") for arbitration, which shall be conducted in accordance with the SHIAC’s arbitration rules in effect at the time of applying for arbitration. There shall be a single arbitrator. Arbitrators may be appointed outside of the SHIAC panel of arbitrators. If the Parties do not agree to appoint an arbitrator who has consented to participate within twenty (20) days after the issuance of a notice of arbitration by any Party, SHIAC shall appoint an arbitrator. Arbitration proceedings shall be in Chinese and shall take place in Shanghai, the PRC. The arbitral award is final and binding upon the Parties

The failure by a User or MioTech to exercise any right or to enforce any provision of this TOU shall not constitute a waiver of such right or provision. If any provision of this TOU is found by a court of competent jurisdiction to be invalid or unenforceable, the court shall give effect to the intentions reflected in the provision to the degree possible, and the other provisions of this TOU will remain in full force and effect.

If any provision of the TOU is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

Under no circumstances shall MioTech be held liable for any delay or failure or disruption of the content or the Services accessed or delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

MioTech shall have the right to assign the TOU (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of MioTech). You may not assign, in whole or part, the TOU to any person or entity without MioTech’s prior written consent.