Last Updated: Dec. 24, 2024
Thank you for using the DWARFLAB App (hereinafter referred to as “this App”) and related services provided by Tinyphoton (Wuhan) Technology Co., Ltd. (the “Tinyphoton”,“we”, or “us”).
Before using the DWARFLAB App and related services, please read and fully understand the “DWARFLAB Software Service Agreement” (hereinafter referred to as “this Agreement”), especially the terms exempting or limiting liability. Please carefully consider whether to accept or not accept these terms. Limitation and exemption clauses might be highlighted in bold or underlined to draw your attention. By tapping “I Agree” or by using this App and related services, you acknowledge that you have read, understand, and agreed to be bound by the terms under this Agreement and the “DWARFLAB Privacy Policy” (together, these “Terms”).
If you are under the age of 18, please read these Terms in the presence of your legal guardian. We do not recommend the use of this App and related services for users under 14 years of age.
Due to the consistency between the product and the App, if you do not agree with the contents of the Terms, Tinyphoton is unable to provide you with the DWARFLAB App and related services. Based on this, you may click on the following website for returns or exchanges https://dwarflab.com/pages/warranty-and-return
These terms may be available in multiple languages, including but not limited to Chinese, English, etc. In case of any discrepancies between different language versions, the Chinese version shall prevail.
1. DWARFLAB App Service
Tinyphoton only provides commercial smart telescopes and related products. You can use the DWARFLAB App to control DWARF hardware products. Please be aware that we do not support uploading photos or videos taken by DWARF hardware products to web or server-based hosting platforms. We also recommend that you carefully consider publishing or privately sharing the aforementioned photos or videos from a personal privacy protection perspective. Otherwise, you will bear the risks of your user content and photo disclosure resulting in the leakage of your personal information or photos/videos. At the same time, you will also bear all legal liability for infringing any third party rights resulting from your uploading or sharing of photos and videos.
For clarity, please understand and agree that DWARF hardware products and the firmware contained therein (collectively referred to as “DWARF Hardware”) are not considered part of this agreement. The terms and any warranties applicable to DWARF Hardware are provided with the hardware.
You must acknowledge and confirm that:
(1) We may unilaterally change, suspend, limit, terminate or revoke all or part of the content of the DWARFLAB App and services at any time without any notice due to business development needs. Users shall bear this risk.
(2) We have the right to independently and fully decide to legally stop transmitting any content that violates relevant laws, regulations or the provisions of this Agreement, or infringes, interferes with, threatens any person’s rights or safety, and have the right to take appropriate legal actions against anyone who violates this Agreement according to its own judgment, including but not limited to deleting content with illegal, infringing, improper nature, etc. from the DWARFLAB App and related services, and preserving relevant information in accordance with laws and regulations and providing reports as required by relevant departments.
2. User Registration and Account
You acknowledge that when you register, log in, and actually use our platform services, you must be a natural person, legal entity, or other organization with full civil rights and capacity as required by the laws of your country. If you do not meet these qualifications, you and your guardian shall bear all consequences in accordance with legal regulations. Specifically, if you are defined as a minor or a person with limited civil capacity in your country, please access and/or use our platform services with the consent and guidance of your guardian.
After completing the registration process by filling in the information as prompted on the registration page, reading and agreeing to this agreement, you will receive a DWARFLAB account. You may not rent, resell, or transfer your account in any way; otherwise, you shall bear all responsibilities arising therefrom.
When using our platform services, you confirm and agree that the registration information you provide on our platform is true, accurate, complete, and legally valid. If there are any changes to your registration information, you should update it promptly so that we can contact you when necessary.
You should update your provided information in a timely manner. In cases where the law clearly requires us to verify certain users’ information, we will periodically verify your information as required by law, and you should cooperate by providing the latest, true, and complete information. You shall bear all consequences arising from providing inaccurate or untrue personal information. If we are unable to contact you using your most recently provided information, or if you fail to provide information as requested, or if the information you provide is obviously false, you will be responsible for all losses and adverse consequences caused to yourself, others, and us.
Your account is set up and maintained by you. We strongly recommend that you properly maintain your account and password, avoid using overly simple passwords, and ensure that you log out and leave our platform correctly at the end of each internet session. We are not responsible for any loss, forgetting, or theft of user accounts and passwords not caused by our platform. If you discover that your personal information has been compromised, please contact our platform immediately.
Your account is for your personal use only and may not be lent or shared with others. When your account is subject to unauthorized use, you should notify our platform immediately; otherwise, all unauthorized use will be considered as your own actions, and you will bear all resulting losses and consequences.
When you need to terminate your platform account service, and when conditions are met, you can deactivate your account through the DWARFLAB App by following the prompts on the relevant pages. DWARFLAB reserves the right to suspend or terminate part or all of our services to you if you violate national or local laws and regulations or the terms of this agreement.
Please note that refusing to provide the above information will not affect account usage. If you choose not to register an account, you can still use the App to control DWARFLAB telescopes.
3. Your Rights and Obligations
3.1 The right to legally use the DWARFLAB App and related services.
3.2 The right to download, install, and use the DWARFLAB App on your legally owned devices.
3.3 Rights Limitations:
(1) The DWARFLAB App is licensed to you for use only and is not sold to you. You may not sublicense, sell, rent, transfer, distribute or otherwise commercialize any content or services generated from this App in any way.
(2) You may not access the DWARFLAB App for the purpose of creating identical or competing services.
(3) Unless expressly permitted by law, you may not copy, distribute, republish, download, display, post, modify, translate, merge, utilize, decompose or reverse engineer the DWARFLAB App in any way or by any means.
(4) You have agreed not to engage in the following activities in the DWARFLAB App and related services:
a. Uploading or distributing computer viruses, worms, malicious code, software that deliberately destroys or alters computer systems or data; Collecting other users’ information or data, such as email addresses, without authorization.
b. Interfering with or disrupting other users’ normal use of the DWARFLAB App and related services.
4. Indemnity
You must use the DWARFLAB App and related services in accordance with laws, regulations, and the provisions of this Agreement, to avoid Tinyphoton incurring any complaints and/or lawsuits from third parties due to the following or related actions, and bear any resulting losses, damages, liabilities, costs, compensation, and expenses (including but not limited to litigation fees, arbitration fees, attorney fees, and all other expenses incurred due to rights protection):
(1) Your use of the DWARFLAB App and related services.
(2) Your control of DWARF hardware via the DWARFLAB App.
(3) Your user content.
(4) Your breach of this Agreement.
You have agreed not to unilaterally settle any lawsuits brought jointly against third parties with Dwarflab without Dwarflab’s written consent.
In no event will Tinyphoton be liable to you or any third party for any indirect, consequential, punitive, incidental, special, or punitive damages arising out of this Agreement. For clarity, the risk of damage to computer systems or mobile communication device databases arising from accessing and using the DWARFLAB App and related services shall be borne by you personally.
5. Disclaimer
Tinyphoton assumes no legal liability in the following situations:
(1) Monitoring, collecting, and providing your personal information in accordance with legal requirements, or requirements from relevant government departments, or national security regulations.
(2) Any leakage of personal and others’ information due to your improper use or other personal reasons.
(3) Any service interruption or impediment that fails to meet user requirements due to reasons such as hacker attacks, computer virus intrusion, illegal content, the blocking of harassing information, government control, and any other issues with the network, technology, communication lines, information security management measures, etc.
(4) Various penalties and losses suffered by users due to their use of the DWARFLAB App and related services in violation of laws and regulations.
(5) Losses caused by communication line failures, technical problems, network and computer failures, system instability and other force majeure factors of third parties such as operators.
(6) Risks of receiving information containing threats, defamation, offensive or illegal content from anonymous or falsely named third parties when using the DWARFLAB App and related services.
Any manipulation of Dwarflab hardware products by users through the DWARFLAB App does not represent any views or policies of Dwarflab, and Dwarflab shall not be liable for the same.
In no event shall Tinyphoton be liable for any indirect, consequential, punitive, incidental, special, or punitive damages, including profit losses suffered by the user due to the use of Tinyphoton services.
6. Intellectual Property Rights
All content on the DWARFLAB App and related services, including but not limited to tutorials, images, App architecture, arrangement, and design of the App interface, are legally owned by Tinyphoton or its affiliated companies with intellectual property rights, including but not limited to trademark rights, patent rights, copyright, trade secrets, etc.
Unless with the written consent of Tinyphoton, no one may, for commercial or non-commercial purposes, unauthorizedly or permit third parties to engage in acts including but not limited to using, modifying, copying, publicly transmitting, altering, distributing, issuing, or publicly publishing the aforementioned content.
Respecting intellectual property rights is your obligation. Any violations will result in liability for damages.
7. Update
Our service agreement may change. Any changes to this Agreement will be posted on this page. If you continue to use this App and related services after the updated agreement takes effect, it means that you have fully read, understood, and accepted the updated agreement and are willing to be bound by it.
This Agreement becomes effective from the date you accept it and remains in effect throughout your use of the DWARFLAB App and related services until terminated in accordance with this Agreement.
8. Miscellaneous
8.1 Privacy Policy. Please refer to our “DWARFLAB Privacy Policy” (“Privacy Policy”). The Privacy Policy has equal effect and is an inseparable part of this Agreement. At all times, your information is handled in accordance with the Privacy Policy.
8.2 Governing Law. This Agreement is governed by the laws of the People’s Republic of China. In case of any dispute, the parties shall seek to resolve it through friendly consultation. If consultation fails, a lawsuit shall be filed with the court where Dwarflab is located.
8.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect, and the invalid provision shall be modified so as to be enforceable.
8.4 Entirety. This Agreement (including the Privacy Policy) constitutes the final, complete, and exclusive agreement between you and Tinyphoton regarding the DWARFLAB App and its related services.
8.5 Headings. Section headings are for convenience only and have no legal or contractual significance.
8.6 Assignment. Unless expressly permitted by Dwarflab in writing, you may not assign the rights and obligations stipulated in this Agreement. Any attempt to assign in violation of the above shall be void.
8.7 Contact Us. If you have any questions, comments, or suggestions regarding this Agreement, or wish to contact us, you can send an email to support@dwarflab.com