Last updated: March 12, 2024

The User Service Agreement (hereinafter referred to as "this Agreement") is an agreement between you and Guangdong Tianchen Network Technology Co., Ltd. (hereinafter referred to as "we", "us", or "our") regarding your use of the Weather services (hereinafter collectively referred to as "this Service"). Before using this Service, please carefully read and fully understand this Agreement, especially the terms regarding exclusion or limitation of liability, authorization and information usage, applicable laws and dispute settlement, etc. The terms regarding exclusion or limitation of liability and other important content are highlighted in bold for your special attention. If you are under 18 years old, please carefully read and fully understand this Agreement in the company of your legal guardian, and obtain consent from your legal guardian before using this Service.

If you do not accept this Agreement, we will not be able to provide you with the complete range of products or services. You can also choose to stop using this Service. By choosing Agree or using this Service, you have fully understood this Agreement and agreed to be bound by this Agreement as well as other agreements and rules related to this Service (including but not limited to the Weather Privacy Policy) as a contracting party.

We have the right to arrange or assign our affiliates, controlling companies, successor companies, or our approved third-party companies to continue the operations of this Service at our discretion when necessary. In addition, some services under this Agreement may be provided by our affiliates, controlled companies, successor companies, or approved third-party companies. By acknowledging and agreeing to this Service, you accept the rights and obligations that come with it and will be bound by the terms of this Agreement.

If you have any questions, comments, or suggestions regarding the content herein, you can contact us by sending an email to service@vivo.com.cn or calling our customer service hotline at 95033.

1. Weather services
This Service refers to the products and services provided by the Weather app which is legally owned and operated by Guangdong Tianchen Network Technology Co., Ltd. and its affiliates (hereinafter referred to as "we", "us", or "our"), including but not limited to the core features such as weather data display, short-term forecast, typhoon path, and earthquake alert services as well as other features.
1.1 To use this Service, you can obtain the Weather app through pre-installation or auto-update. If you do not obtain the app from our official sources, we cannot guarantee that the non-official version of Weather will work properly. We are not responsible for any losses incurred to you therefrom.
1.2 The versions of the app available may vary across devices. You shall obtain, download, and install the version compatible with your device. If you no longer use this Service, you can choose to uninstall the app.
1.3 To use the full functionality of this Service, you may need to connect your device to the internet. You understand that the required cost (data charges, internet fees, etc.) shall be borne by yourself.
1.4 We grant you a personal, non-transferable, non-exclusive, and non-commercial license to legally use this Service. All other rights not expressly granted herein shall be reserved by us. You shall obtain written consent from us before exercising such rights, and it shall not constitute a waiver of rights if we do not exercise any of such rights.
1.5 If you find any content in the app that infringes upon any of your rights, you can notify us by submitting a complaint as specified in this Service and provide proof of your rights. We will handle your complaint promptly in accordance with relevant laws and regulations.

2. Earthquake alert service
2.1 Important notes:
2.1.1 This service provides earthquake alerts to you. However, please understand that the alert information is to be used as reference only. If you feel an earthquake is taking place but have not received an alert, you still need to take shelter. Please take reasonable safety measures according to the time of the alert and the time it will take to arrive at a safe location.
2.1.2 The earthquake alert service is only available in some parts of the Chinese mainland. Your device must be in a supported region to use the earthquake alert service normally. If this Service is not supported at your location, we will remind you of service unavailability at your current location under the earthquake alert switch. Please pay attention to such reminder when using this Service.
2.1.3 Enabling the earthquake alert service will automatically turn on location services.
2.1.4 To disable the earthquake alert service, go to Weather > Settings > Earthquake alert.
2.2 Service and disclaimer:
To use the earthquake alert service, please fully read this part in detail, especially the disclaimer clause. Please fully understand and agree to all the content of this Agreement (including the disclaimer) before using the earthquake alert service.
2.2.1 About this Service: The earthquake alert data and technology of this Service are provided by the Institute of Care-Life, Chengdu. This Service supports alert demo, alert introduction, emergency contact, and nearby emergency shelter services.
(1) Alert demo: You can use this feature to learn what message will be sent and how we will send you the alert after we receive the alert information.
(2) Alert introduction: We will provide various alert information including the working principles and features of an earthquake alert so you can better understand this Service and know how to get to safety.
(3) Emergency contact: In case of an emergency, you can use this feature to quickly call the emergency contact.
(4) Nearby emergency shelter: You can learn the locations of nearby emergency shelters in advance and go there when needed.
2.2.2 Personal information protection:
(1) To provide you with this Service, we need access to your location information in order to determine whether you are located in a supported region and whether you are able to receive the earthquake alert push notifications. We also need your location information to show the emergency shelter results when you use the SOS feature. When you choose to use a third-party map navigation service via us, your relevant personal information will be collected directly by the third party, and we will not be liable for the collection and processing of this part of information.
(2) When you choose to use the SOS feature, we will collect the emergency contact information you have filled in, such as the name and phone number of your emergency contact, to provide you with the SOS feature service when needed.
2.2.3 Notes:
(1) Please note that the earthquake alert is based on fully automatic responses in seconds. To receive the alert in real time, you need to maintain the internet connection for the software. You understand and agree that to provide you with effective services, data charges may be incurred during the use of this software and you should bear such expenses by yourself.
(2) You understand and agree that when the earthquake alert service is turned on, the earthquake alert messages will not be restricted by your Do Not Disturb or volume settings. You will still receive the alert messages and tones even if your device is under Do Not Disturb mode or silent mode.
(3) You understand the working principle and features of earthquake alerts and that there are blind spots in earthquake alerts.
(4) You understand and agree that you need to take reasonable safety measures when receiving an earthquake alert. As technologies are constantly updated and developed, the earthquake alert service might have some discrepancies. If you feel an earthquake is taking place but have not received an alert, you still need to take shelter.
(5) Please take reasonable safety measures according to the time of the alert and the time it will take to arrive at a safe location.
2.2.4 Disclaimer of the earthquake alert service:
(1) You can choose to turn off the earthquake alert service. To do so, go to Weather > Settings > Earthquake alert.
(2) You understand that earthquake alerts can only be used as reference for you to evaluate safety risks and make safety decisions. Earthquake alerts can only provide an alert period of several to dozens of seconds. You shall be responsible for all the risks and consequences resulting from any actions you have taken based on the earthquake alert service.
(3) To receive earthquake alerts, you need to keep your phone connected to the internet. You understand and agree that the transmission of earthquake alert information depends on various factors, including but not limited to the network reliability, phone signal strength, the operation status of the app, as well as third-party reasons such as communication line faults, technical issues, network issues, terminal faults, system instabilities, and other force majeure factors. Therefore, the information provider cannot guarantee that you would be able to receive alerts in real time and shall not be liable for any losses caused thereby.

3. Third-party services
3.1 To implement the core features and other features of this Service, we will engage third parties to provide data or services.
The various weather data and typhoon path data in this Service are provided by Huafeng-AccuWeather (Beijing) Co., Ltd. The short-term forecast data and service are provided by Beijing Moji Fengyun Technology Co., Ltd. The earthquake alert data, technology, and service are provided by the Institute of Care-Life, Chengdu.
To continuously optimize relevant features of this Service, we may add or change to other service providers. Please refer to specific pages for information about the service providers.
3.2 Any dispute arising from the third-party information content, technologies, products, and services used in this Service shall be resolved by the third party, and we shall assume no responsibility therefor. We do not provide customer support for any third-party content. Please contact the third party for support. Any dispute, loss, or damage arising from the service provided by a third party shall be settled by you and the third party, and we shall not be liable to you or any third party therefor.
3.3 When using any software or services provided by a third party in the Weather app, you may need to agree to and comply with the agreement, privacy policy, and relevant rules of the third party in addition to this Agreement.

4. Protection of personal information
We are committed to protecting your personal information. For more details about the information collection and usage rules and other content about protection of your personal information in this Service, please refer to the Weather Privacy Policy.

5. Change, suspension, and termination of this Service
5.1 To provide an enhanced user experience and better services, we may update or change this Service from time to time (including but not limited to modifying, upgrading, or replacing software, enhancing features, and developing new services). You can choose whether or not to update to a version at your own discretion.
To ensure the security of this Service and improve user experience, after this Service is updated partially or as a whole, we will notify you in an appropriate manner when feasible (including but not limited to via system prompts, notices, and messages). You have the right to choose whether or not to accept the updated version. If you choose not to update, some features of this Service will be restricted or unable to work properly.
5.2 You understand and agree that we have the right to decide the setup and scope of the services or features, as well as to change, suspend, stop, or terminate this Service based on the needs of overall service operations and platform operation security.

6. Ads
6.1 You understand and agree that we may send or entrust third-party advertisers to send you ads, promotions, or other marketing messages (including commercial and non-commercial ones) through pop-ups and other means during your use of this Service, and the methods and scope may change without special notice. We will fully consider the user experience and reasonably control the push frequency. We will clearly inform you of the way to unsubscribe in the push messages. If you choose to unsubscribe, we will no longer send you such advertising messages.
6.2 We will push programmatic ads based on your preferences and interests during your use of the Weather app. You can tap the close button at the top right corner of an ad to close it. After that, fewer similar ads will be pushed to you. You can also contact us to disable push programmatic ads. This will not reduce the number of ads displayed to you, but ad content will be less relevant.
6.3 When pushing ads or promotional messages, we shall perform our obligations in accordance with the law. You shall use your own judgment to determine the authenticity and reliability of such ads or promotional messages and assume the responsibility therefor. Unless otherwise stipulated by laws and regulations, you shall be responsible for the purchases and transactions resulting from such ads or promotional messages as well as possible damages or losses arising from the foregoing. We shall not be responsible therefor.

7. Intellectual property rights
7.1 The intellectual property rights to the content provided in this Service (including but not limited to software, technologies, programs, web pages, text, images, pictures, audio, videos, charts, layouts, and e-documents) shall belong to us except for those expressly held by third parties. The copyright, patent rights, and other intellectual property rights to the software on which we provide this Service shall all belong to us.
7.2 We provide technical support for the development and operation of this Service, and shall be entitled to any right to all the data and information generated during the development and operation of this Service as permitted by laws and regulations.
7.3 Without our written consent, no user or third party shall perform the following actions with respect to the information and content in the Weather app and relevant services, nor authorize, allow, or help others to perform such actions:
(1) Copying, reading, or utilizing the information and content in the Weather app and relevant services for any commercial purposes, including but not limited to promotion and boosting impressions or views.
(2) Editing, organizing, or compiling the information and content in the Weather app and relevant services to display them on any channels other than the original pages of the Weather app and relevant services.
(3) Using any form of identification, including but not limited to special identifiers and special codes, to cause or help others cause adverse effects on the information and content in the Weather app and relevant services (such as traffic or views guiding/diverting/hijacking).
(4) Other illegal acquisition or use of the information and content in the Weather app and relevant services.
7.4 Without our written consent, no user or third party shall directly or indirectly steal the information and content in the Weather app and relevant services by any means (including but not limited to hotlinking, redundant theft, illegal capture, simulated download, deep linking, and counterfeiting registration), nor delete or modify the electronic rights management information for relevant information and content by any means (including but not limited to hiding or changing the domain name, platform-specific logo, and username).
7.5 Please do not use any of our trademarks, service marks, trade names, domain names, website names, or other prominent brand features (hereinafter collectively referred to as "logos") without authorization under any circumstances. Without our prior written consent, you shall not display or use the logos mentioned in this clause solely or in combination with other content, or apply to register a trademark or a domain name based on such logos, nor shall you perform any behaviors, whether express or implied, that make others believe you have the right to display, use, or otherwise process such logos. You shall be fully liable for any losses incurred to us or others due to your use of the aforementioned logos in violation of this Agreement.

8. Disclaimer
8.1 Our products and services are provided "as is" and no warranties are made. We and our partners do not make any representations or warranties, whether express or implied, including representations and warranties regarding the merchantability, fitness for a particular purpose, and non-infringement, as well as those regarding the following circumstances: (1) This Service will satisfy your specific needs. (2) This Service will be provided in a non-stop, timely, and secure manner without any faults. (3) All the information you obtain from using this Service is correct or reliable. (4) Any faults or errors in any software as part of this Service will be fixed.
8.2 We have no control over your network carrier, and therefore make no guarantees regarding the carrier's network coverage, availability, or service quality.
8.3 In no event shall we assume any liabilities for any consequential, incidental, indirect, special, punitive, or other damages (including but not limited to loss of profits, business interruption, loss of business information, or other fines) related to this Agreement or due to the use of or inability to use this Service, even if we have been aware of the possibility of such damages. We shall not be held responsible for any errors or unauthorized use of any services, performance, or features provided by us. You shall comply with all effective laws when using our services. You may have other legal consumer rights, which shall not be affected by the terms of this Agreement. In the case that some provisions are excluded as ineffective or unenforceable by local effective laws and regulations, our liability for violating such laws shall be limited to the minimal scope permitted by law.

9. Liability for breach of contract
9.1 If you violate this Agreement or other terms of service, we have the right to send an advance warning, immediately stop information transmission, or take other measures to restrict or forbid your use of some or all features of this app at our own discretion without prior notice. We reserve the right to disclose the results of our actions. For behaviors that are suspected of violating laws and regulations or constituting criminal offenses, we will keep relevant records and report to competent authorities or assist in their investigations as required by law.
9.2 In case of any third-party complaints or litigation claims due to your violation of this Agreement or other terms of service, you shall settle them by yourself and bear any possible legal responsibilities incurred therefrom. In case of compensation for any third parties, or penalty from national authorities incurred to us and/or our affiliates due to your illegal actions, infringement, or breach of contract, you shall also fully compensate us and/or our affiliates for the losses incurred therefrom.

10. Miscellaneous
10.1 The establishment, effectiveness, performance, interpretation, and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China.
10.2 This Agreement is signed in Chang'an Town, Dongguan City, Guangdong Province, People's Republic of China. Any dispute arising between the two parties over this Agreement shall be settled through friendly consultation. If consultation fails, you agree that the dispute shall be settled by filing a lawsuit to the people's court of the place where this Agreement is signed.
10.3 In order to provide you with better services, or due to the adjustment of national laws, regulations, and policies, the Weather app and relevant services may be updated and changed from time to time. We will update this Agreement accordingly, and such updates will constitute part of this Agreement. If you do not agree to any part of the updated Agreement, please immediately stop using this Service. By continuing to use this Service, you agree to the updated content of this Agreement.