Before accepting the Agreement, you are supposed to thoroughly read all contents of the Agreement, and fully know its terms, especially restrictive clauses or exceptions. Restrictive clauses or exceptions are bold or highlighted in other forms to catch your attention. In case of any doubt for the terms of the Agreement, please contact relevant business department of BONECO AG. You are not allowed to use the service before you have read and accepted all terms of the Agreement, relevant agreements and rules, etc. Once you select "agree and submit the Agreement" (see registration page for detailed wordings) and complete the registration procedure, or you use the service in any form, it will be deemed that you have read and agreed with the restriction of the Agreement and rules above. In case of any breach of the Agreement, BONECO AG has the right to unilaterally restrict, suspend or terminate the service for you, and has the right to investigate your relevant responsibilities.

The Service Agreement (hereinafter referred to as "the Agreement") is signed by you and BONECO AG. It includes (but not limited to) BONECO AG Privacy Policy and other contents. In case of change, BONECO AG will announce by means of the licensed software sending a message without further notification. Upon announcement, the changed agreement and rules become a part to the Agreement automatically, without further notification to you for your consent. In case of objection to such relevant changes, stop use BONECO AG's service; if you keep using it, it will be deemed as that you hold no objections against the changed rules and agree to abide by them.

I. Definitions of Terms

1.1 Licensed software refers to software system developed by BONECO AG, downloaded and installed and applied in specified system mobile terminals.

1.2 Services refer to services provided for you by BONECO AG and its suppliers. You can use such services on the mobile terminal with the licensed software.

II. Service

2.1 BONECO AG offers you intelligent life equipment management services, based on which you can access the intelligent terminals on BONECO AG and its suppliers' smart platform through the BONECO AG Control, and realize interlinkage among intelligent equipment. Service contents include intelligent equipment management, scene interlinkage and analysis report, etc. Such functions may be optimized or modified according to changes of users' demands or judgment of service supplier, and service supply may be suspended due to regular and irregular maintenance.

III. Scope of Service

3.1 BONECO AG grants you with the right to use the product based on this software.

3.2 You are prohibited to license, sell, lease, transfer, issue the product in any form, or use the product for other commercial purpose.

3.3 Due to limitations on software adaptation platform and terminals, you can only use the licensed software in the authorized system platform and terminal; if you install the licensed software on other terminal equipment, it may damage your hardware or software function.

3.4 You acknowledge that the licensed software can only be used for non-commercial purpose and installation, application and running of the licensed software is prohibited. If such commercial operation is necessary, prior written authorization and permission from BONECO AG shall be obtained.

3.5 BONECO AG and its suppliers may change, upgrade or transfer the licensed software or relevant functions from time to time, and may add new functions or services in the licensed software system. If no separate agreements are accompanied with the aforesaid new functions or services, you are entitled to the corresponding functions and services, which is also subject to the Agreement.

3.6 You shall be responsible for the accuracy, reliability, integrity and legality of input data and legality of the way in which you obtain the data, and shall back up data and information from time to time. You shall bear all risks for damage and loss of such information.

3.7 You shall properly keep your account number and password. In case of any safety loophole for your account (including but not limited to divulgence of user password), you shall notify BONECO AG in time, and BONECO AG will assist you in taking relevant measures. Otherwise, all behaviors related to your account shall be assumed by you and you will bear all responsibilities.

IV. A Third Party

4.1 You acknowledge that certain service of BONECO AG and its suppliers is based on software or services provided by a third party. Such service is set to facilitate your application and necessary legal authorization is obtained from the third party.

4.2 The product includes certain information and services of the third party. BONECO AG and its suppliers neither controls nor bears responsibility for information and services of the third party.

4.3 You acknowledge that BONECO AG and its suppliers cannot guarantee that the licensed software always uses or contains such services, or that other software provided by the same third party will be used in future. Likewise, it may use similar services supplied by another third party. Upon application, the aforesaid corresponding software or services are subject to this Agreement.

V. Service Application Standard

5.1 You shall use the licensed software in a normal manner. The following ways are in breach of the application standard:

Issue or share computer virus, worms, malicious codes, or software that deliberately damages or changes computer system or data;

Collect information or data of other users without authorization, for example, email address and the like;

Maliciously use the product in an automatic way, causing over load to the server, or interfere with or damage web server and network links in other forms.

Attempt to visit server data or communication data of the product without authorization;

Interfere with or damage the production application by other users.

5.2 You understand and agree that:

BONECO AG will determine whether or not you are involved in violation of standards above, and suspend or terminate your application license according to determination results or take other restrictions according to agreements.

BONECO AG will directly delete information in breach of laws, or infringing others' legal rights, or in breach of the Agreement issued by you when using the licensed software.

If a third party suffers from damage due to your breach of application standards, you shall independently bear legal responsibility in your name, and protect and indemnify BONECO AG from losses or additional expenses generated therefrom. Otherwise, BONECO AG has the right to claim compensation.

If BONECO AG and its suppliers suffers from any loss due to your breach of relevant laws or the Agreement, you shall compensate BONECO AG and its suppliers for losses and (or) expenses generated therefrom.

VI. Information Content Standard

6.1 You promise that you will not conduct any act in breach of laws or improper behaviors by using the service, such act and behavior include (but not limited to):

6.1.1 Uploading, transferring or sharing information containing one of the following contents:

Opposing the basic principles determined in the Constitution;

Endangering state safety, disclosing state secret, subverting state power and sabotaging state unity;

Damaging state honor and benefit;

Inciting national hatred and discrimination and sabotaging national unity;

Destroying religious policy of the state and advocating heresy and feudalistic superstition;

Spreading rumors, disturbing social order and destroying social stability;

Spreading obscenity, porn, gambling, violence, murder and terror or abetting a crime;

Insulting or slandering others and infringing on the legal rights and interests of others;

Containing contents of sham, defraudation, harm, threat, infringement to others' privacy, harassment, infringement, slander, coarseness, indecency, or morally repulsive contents;

Containing other contents restricted or forbidden by applicable laws, regulations, rules, provisions and other legal standards.

VII. Private Policy and Data

7.1 It is crucial for BONECO AG to protect your personal information. BONECO AG prepares BONECO AG Privacy Policy, in which contents related to ownership and protection of intellectual property, collection, use, share, storage and protection, etc. of your information are disclosed. You are suggested to thoroughly read BONECO AG Privacy Policy.

VIII. Exception Clauses

8.1 Unless otherwise specified in laws and regulations, BONECO AG will do its best to ensure the security, validity, accuracy and reliability of the licensed software and technologies and information involved, but BONECO AG is unable to guarantee the same due to restriction by available technologies nowadays.

8.2 You understand that BONECO AG will not assume responsibility for direct or indirect losses caused by force majeure and default of a third party.

8.3 You shall be responsible for personnel injury or incidental or indirectly injury caused by or related to one of the following accidents:

A third party uses the licensed software or changes your data without permission;

Expenses and losses produced by using the licensed software;

Your misunderstanding of the licensed software;

Other losses related to licensed software caused by reasons not attributable to BONECO AG.

8.4 Any other licensed software-derived software not developed and released by BONECO AG or the development and release are not granted by BONECO AG is illegal software. Downloading, installing and using such software may cause unpredictable risks. BONECO AG shall be free from legal responsibilities and disputes generated therein and BONECO AG shall have the right to suspend or terminate application license and/or other all services.

8.5 You have been informed of that the usage of BONECO AG and its supplier's smart platform involves in Internet service, which may be affected by unstable factors in all links. Although BONECO AG has taken safeguard measures, the service may be suspended, terminated, delayed, suffered from application restriction or application failure due to inherent defects of Internet and e-communication as well as factors beyond reasonable control of any party to the Agreement (including but not limited to fire, flood, terrorist attack, pestilence, natural disasters, riot, terminal virus, hacker attack, network fault and terminal fault). You hereby agree to bear foregoing risks and agree that BONECO AG is free from any responsibility when normal running of services are influenced by the occurrence of foregoing risks.

IX. Agreement Termination and Breach of Agreement

9.1 You should understand that you shall use the licensed software according to authorization scope, respect intellectual property of software and contents contained in the software, and perform obligations according to the Agreement when using BONECO AG's services. BONECO AG will terminate the application license if you are in material breach of the Agreement.

9.2 Your application of the software relies on supporting services supplied by BONECO AG's related companies. Breach of terms, agreements, rules, annunciation and other relevant regulations of BONECO AG and its related companies may cause failure in normal usage of licensed software, in which case, BONECO AG shall be entitled to terminate the application license, or take measures to restrain your application license or other rights and interests controlled by BONECO AG as agreed in the Agreement, including suspension or termination of your application license.

9.3 In case of your breach of the Agreement or other agreements signed with BONECO AG, BONECO AG and its suppliers shall have the right to notify the related companies, requiring them to take restrictive measures to your rights and interests, including requiring related companies to suspend or terminate supplying part or whole services for you, and legally announce your breach of agreement on websites run or actually controlled by them.

9.4 The licensed software is downloaded from the downloading platform and you shall abide by stipulations of the download platform, system platform and terminal manufacture on application ways and restrictions of the licensed software. If the above mentioned third party confirms that you are in breach of the agreement and BONECO AG and its supplier's treatment is required, BONECO AG may terminate your application license at the third party's request.

9.5 When the application license terminates, you shall stop using the licensed software and destroy all copies.

9.6 You must bear all compensation responsibilities if BONECO AG and other users suffer from losses caused by your breach of terms in the Agreement.

X. Governing Laws and Severability

10.1 Effectiveness, explanation, change, execution and dispute settlement of the Agreement are subject to laws of Swiss law and Swiss jurisdiction. If no relevant laws and regulations are available, reference to general international business practices and (or) industrial practices shall be made.

10.2 Dispute arising from or in connection with the Agreement may be settled by you and BONECO AG through friendly negotiation or submitted to the court with competent jurisdiction of Swiss law and Swiss jurisdiction where the Agreement is signed for adjudication.

10.3 When any term of the Agreement is judged to be invalid by such court, it will not influence the effectiveness of other terms or any part thereof, and you and BONECO AG shall perform the valid terms in good faith.

Before accepting the Agreement, you are supposed to thoroughly read all contents of the Agreement, and fully know its terms, especially restrictive clauses or exceptions. Restrictive clauses or exceptions are bold or highlighted in other forms to catch your attention. In case of any doubt for the terms of the Agreement, please contact relevant business department of BONECO AG. You are not allowed to use the service before you have read and accepted all terms of the Agreement, relevant agreements and rules, etc. Once you select "agree and submit the Agreement" (see registration page for detailed wordings) and complete the registration procedure, or you use the service in any form, it will be deemed that you have read and agreed with the restriction of the Agreement and rules above. In case of any breach of the Agreement, BONECO AG has the right to unilaterally restrict, suspend or terminate the service for you, and has the right to investigate your relevant responsibilities.

The Service Agreement (hereinafter referred to as "the Agreement") is signed by you and BONECO AG. It includes (but not limited to) BONECO AG Privacy Policy and other contents. In case of change, BONECO AG will announce by means of the licensed software sending a message without further notification. Upon announcement, the changed agreement and rules become a part to the Agreement automatically, without further notification to you for your consent. In case of objection to such relevant changes, stop use BONECO AG's service; if you keep using it, it will be deemed as that you hold no objections against the changed rules and agree to abide by them.

I. Definitions of Terms

1.1 Licensed software refers to software system developed by BONECO AG, downloaded and installed and applied in specified system mobile terminals.

1.2 Services refer to services provided for you by BONECO AG and its suppliers. You can use such services on the mobile terminal with the licensed software.

II. Service

2.1 BONECO AG offers you intelligent life equipment management services, based on which you can access the intelligent terminals on BONECO AG and its suppliers' smart platform through the BONECO AG Control, and realize interlinkage among intelligent equipment. Service contents include intelligent equipment management, scene interlinkage and analysis report, etc. Such functions may be optimized or modified according to changes of users' demands or judgment of service supplier, and service supply may be suspended due to regular and irregular maintenance.

III. Scope of Service

3.1 BONECO AG grants you with the right to use the product based on this software.

3.2 You are prohibited to license, sell, lease, transfer, issue the product in any form, or use the product for other commercial purpose.

3.3 Due to limitations on software adaptation platform and terminals, you can only use the licensed software in the authorized system platform and terminal; if you install the licensed software on other terminal equipment, it may damage your hardware or software function.

3.4 You acknowledge that the licensed software can only be used for non-commercial purpose and installation, application and running of the licensed software is prohibited. If such commercial operation is necessary, prior written authorization and permission from BONECO AG shall be obtained.

3.5 BONECO AG and its suppliers may change, upgrade or transfer the licensed software or relevant functions from time to time, and may add new functions or services in the licensed software system. If no separate agreements are accompanied with the aforesaid new functions or services, you are entitled to the corresponding functions and services, which is also subject to the Agreement.

3.6 You shall be responsible for the accuracy, reliability, integrity and legality of input data and legality of the way in which you obtain the data, and shall back up data and information from time to time. You shall bear all risks for damage and loss of such information.

3.7 You shall properly keep your account number and password. In case of any safety loophole for your account (including but not limited to divulgence of user password), you shall notify BONECO AG in time, and BONECO AG will assist you in taking relevant measures. Otherwise, all behaviors related to your account shall be assumed by you and you will bear all responsibilities.

IV. A Third Party

4.1 You acknowledge that certain service of BONECO AG and its suppliers is based on software or services provided by a third party. Such service is set to facilitate your application and necessary legal authorization is obtained from the third party.

4.2 The product includes certain information and services of the third party. BONECO AG and its suppliers neither controls nor bears responsibility for information and services of the third party.

4.3 You acknowledge that BONECO AG and its suppliers cannot guarantee that the licensed software always uses or contains such services, or that other software provided by the same third party will be used in future. Likewise, it may use similar services supplied by another third party. Upon application, the aforesaid corresponding software or services are subject to this Agreement.

V. Service Application Standard

5.1 You shall use the licensed software in a normal manner. The following ways are in breach of the application standard:

Issue or share computer virus, worms, malicious codes, or software that deliberately damages or changes computer system or data;

Collect information or data of other users without authorization, for example, email address and the like;

Maliciously use the product in an automatic way, causing over load to the server, or interfere with or damage web server and network links in other forms.

Attempt to visit server data or communication data of the product without authorization;

Interfere with or damage the production application by other users.

5.2 You understand and agree that:

BONECO AG will determine whether or not you are involved in violation of standards above, and suspend or terminate your application license according to determination results or take other restrictions according to agreements.

BONECO AG will directly delete information in breach of laws, or infringing others' legal rights, or in breach of the Agreement issued by you when using the licensed software.

If a third party suffers from damage due to your breach of application standards, you shall independently bear legal responsibility in your name, and protect and indemnify BONECO AG from losses or additional expenses generated therefrom. Otherwise, BONECO AG has the right to claim compensation.

If BONECO AG and its suppliers suffers from any loss due to your breach of relevant laws or the Agreement, you shall compensate BONECO AG and its suppliers for losses and (or) expenses generated therefrom.

VI. Information Content Standard

6.1 You promise that you will not conduct any act in breach of laws or improper behaviors by using the service, such act and behavior include (but not limited to):

6.1.1 Uploading, transferring or sharing information containing one of the following contents:

Opposing the basic principles determined in the Constitution;

Endangering state safety, disclosing state secret, subverting state power and sabotaging state unity;

Damaging state honor and benefit;

Inciting national hatred and discrimination and sabotaging national unity;

Destroying religious policy of the state and advocating heresy and feudalistic superstition;

Spreading rumors, disturbing social order and destroying social stability;

Spreading obscenity, porn, gambling, violence, murder and terror or abetting a crime;

Insulting or slandering others and infringing on the legal rights and interests of others;

Containing contents of sham, defraudation, harm, threat, infringement to others' privacy, harassment, infringement, slander, coarseness, indecency, or morally repulsive contents;

Containing other contents restricted or forbidden by applicable laws, regulations, rules, provisions and other legal standards.

VII. Private Policy and Data

7.1 It is crucial for BONECO AG to protect your personal information. BONECO AG prepares BONECO AG Privacy Policy, in which contents related to ownership and protection of intellectual property, collection, use, share, storage and protection, etc. of your information are disclosed. You are suggested to thoroughly read BONECO AG Privacy Policy.

VIII. Exception Clauses

8.1 Unless otherwise specified in laws and regulations, BONECO AG will do its best to ensure the security, validity, accuracy and reliability of the licensed software and technologies and information involved, but BONECO AG is unable to guarantee the same due to restriction by available technologies nowadays.

8.2 You understand that BONECO AG will not assume responsibility for direct or indirect losses caused by force majeure and default of a third party.

8.3 You shall be responsible for personnel injury or incidental or indirectly injury caused by or related to one of the following accidents:

A third party uses the licensed software or changes your data without permission;

Expenses and losses produced by using the licensed software;

Your misunderstanding of the licensed software;

Other losses related to licensed software caused by reasons not attributable to BONECO AG.

8.4 Any other licensed software-derived software not developed and released by BONECO AG or the development and release are not granted by BONECO AG is illegal software. Downloading, installing and using such software may cause unpredictable risks. BONECO AG shall be free from legal responsibilities and disputes generated therein and BONECO AG shall have the right to suspend or terminate application license and/or other all services.

8.5 You have been informed of that the usage of BONECO AG and its supplier's smart platform involves in Internet service, which may be affected by unstable factors in all links. Although BONECO AG has taken safeguard measures, the service may be suspended, terminated, delayed, suffered from application restriction or application failure due to inherent defects of Internet and e-communication as well as factors beyond reasonable control of any party to the Agreement (including but not limited to fire, flood, terrorist attack, pestilence, natural disasters, riot, terminal virus, hacker attack, network fault and terminal fault). You hereby agree to bear foregoing risks and agree that BONECO AG is free from any responsibility when normal running of services are influenced by the occurrence of foregoing risks.

IX. Agreement Termination and Breach of Agreement

9.1 You should understand that you shall use the licensed software according to authorization scope, respect intellectual property of software and contents contained in the software, and perform obligations according to the Agreement when using BONECO AG's services. BONECO AG will terminate the application license if you are in material breach of the Agreement.

9.2 Your application of the software relies on supporting services supplied by BONECO AG's related companies. Breach of terms, agreements, rules, annunciation and other relevant regulations of BONECO AG and its related companies may cause failure in normal usage of licensed software, in which case, BONECO AG shall be entitled to terminate the application license, or take measures to restrain your application license or other rights and interests controlled by BONECO AG as agreed in the Agreement, including suspension or termination of your application license.

9.3 In case of your breach of the Agreement or other agreements signed with BONECO AG, BONECO AG and its suppliers shall have the right to notify the related companies, requiring them to take restrictive measures to your rights and interests, including requiring related companies to suspend or terminate supplying part or whole services for you, and legally announce your breach of agreement on websites run or actually controlled by them.

9.4 The licensed software is downloaded from the downloading platform and you shall abide by stipulations of the download platform, system platform and terminal manufacture on application ways and restrictions of the licensed software. If the above mentioned third party confirms that you are in breach of the agreement and BONECO AG and its supplier's treatment is required, BONECO AG may terminate your application license at the third party's request.

9.5 When the application license terminates, you shall stop using the licensed software and destroy all copies.

9.6 You must bear all compensation responsibilities if BONECO AG and other users suffer from losses caused by your breach of terms in the Agreement.

X. Governing Laws and Severability

10.1 Effectiveness, explanation, change, execution and dispute settlement of the Agreement are subject to laws of Swiss law and Swiss jurisdiction. If no relevant laws and regulations are available, reference to general international business practices and (or) industrial practices shall be made.

10.2 Dispute arising from or in connection with the Agreement may be settled by you and BONECO AG through friendly negotiation or submitted to the court with competent jurisdiction of Swiss law and Swiss jurisdiction where the Agreement is signed for adjudication.

10.3 When any term of the Agreement is judged to be invalid by such court, it will not influence the effectiveness of other terms or any part thereof, and you and BONECO AG shall perform the valid terms in good faith.

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We, the company BONECO AG, are committed to protecting your privacy. This Privacy Policy (“Policy”) describes our practices in connection with information privacy on Personal Data we process through your individual use of the following services, products, and related mobile applications (collectively, the “Products”):

BONECO Healthy Air Mobile Application

Before you use our Products, please carefully read through this Policy and understand our purposes and practices of collection, processing of your Personal Data, including how we use, store, share and transfer Personal Data. In the Policy you will also find ways to execute your rights of access, update, delete or protect your Personal Data.

When you accept this Policy when you register with your Personal Data, or if you start to use our Products and do not expressly object to the contents of this Policy, we will consider that you fully understand and agree with this Policy. If you have any question regarding this Policy, please do not hesitate to contact us via:

Definition

In this Policy, Personal Data means information generated, collected, recorded and/or stored, electronically or otherwise, that can be used to identify an individual or reflect the activity of an individual, either from that information alone, or from that information and other information we have access to about that individual.

Personal Sensitive Data includes personal biometric information, communication records and contents, health information, transaction information, and precise location information. When we collect Personal Sensitive Data from you, we will generate an explicit notification for your consent before we collect personal sensitive data about you.

Smart Devices refers to those computing devices produced or manufactured by hardware manufacturers, with human-machine interface and the ability to transmit data that connect wirelessly to a network, including: smart home appliances, smart wearable devices, smart air cleaning devices, etc.

Apps refers to those mobile applications developed by BONECO AG that provide end users remote control to Smart Devices and with the ability to connect to the supplier IoT Platform.

What Personal Data do we collect

In order to provide our services to you, we will ask you to provide necessary Personal Data that is required to provide those services. If you do not provide your Personal Data, we may not be able to provide you with our products or services.

1. Information You Voluntarily Provide Us

· Registered Account Data: When you register an account with us, we may collect your name and contact details, such as your email address, phone number, user name, and login credentials. During your interaction with our Products, we may further collect your nickname, profile picture, country code, language preference or time zone information into your account.

If you authorize login to the Products with a third party account, we will obtain from such third party your account information (such as portrait, nickname, region, gender, etc.) which may be bound with your BONECO AG account for quick login. We will ensure compliance with applicable data protection laws and regulations, as well as agreements, policies or documentations agreed with such third party regarding sharing personal information, in processing your Personal Data.

Confirm: If the App has integrated the ‘Try Now’ or other features representing non-login (visitor mode), if yes, please refer to the following description and if no, please delete then.

· Non-registered Account: If you do not want to provide your account data when you start to use any of the Services, you may use the App without logging in or creating an account, namely the “Try Now” mode, and you may still use certain Services, such as searching and browsing any features on the App by creating a guest ID. When you are using the "Try Now" mode, we will not collect Personal Data related to your account. Collection and use of the Personal Data collected here will be limited to: the time of entering the App, operating system of your mobile phone, and the purposes you have authorized in using the additional functions of the App and/or the Smart Devices. For instance, if you enable the location setting in the "Try Now" mode, the location data will be uploaded for supporting the function. Once you exit from the "Try Now" mode, we will remove your data instantly and permanently.

However, if the Services you request or purchase are based on your account, please go to the registration/login page for guidance.

· Feedback: When using feedback and suggestion features in our Products, we will collect your email address, mobile phone number and your feedback content to address your problems and solve device failures on a timely basis.

Information based on additional functions:

Confirm: the system permissions that allow in your App

In order to offer you with more convenient and higher-quality Services with optimized user experiences, we may collect and use certain information if you consent to use additional functions in the App. Please note, if you do not provide such information, you may continue to use basic Services of the App and connected Smart Devices, but certain features based on these additional functions may not be available. These additional functions may include:

1) Additional functions based on location information:

When you enable the location-based functions through permission settings on your mobile device, we will collect and process your location information to enable these functions, such as pairing with your Smart Devices. Also, we may collect information about your: a) real-time and precise location, for instance when you choose to use the automation scenarios for controlling your Smart Devices, or b) non-precise geo-location when you use certain Smart Devices or the Services, such as AUTO modes, Timer Schedules and weather service.

Based on your consent, when you enable the geo-fence feature, your location information will be generated and shared with Google Maps services. Please note that Google has corresponding data protection measures, which you may refer to Google’s Data Processing and Security Terms for more details.

You may disable the collection and use of your location information by changing your mobile device settings ("My - Setting - Privacy Right Setting - Switch on/off Location Information"), upon which we will cease to collect and use your location information.

2) Additional services based on camera:

You may use the camera to scan the code by turning on the camera permission to pair with a Smart Device, take video, etc. Please be aware that even if you have agreed to enable the camera permission, we will only obtain information when you actively use the camera for scanning codes, video recording, etc.

You may opt-out the using of camera permission: "My - Setting - Privacy Right Setting - Switch on/off Camera".

3) Additional services for accessing and uploading pictures/videos based on photo albums (picture library/video library):

You can use this function to upload your photos/pictures/videos after turning on the photo album permission, so as to realize functions such as changing the avatar, reporting device usage problems by providing photo proofs, etc. When you use the photos and other functions, we will not recognize this information; but when you report a device usage problem, we may use the photos/pictures you upload to locate your problem.

You may opt-out the using of photo album permission: "My - Setting - Privacy Right Setting - Switch on/off Photo Album".

4) Additional services related to microphone-based service:

You can use the microphone to send voice information after turning on the microphone permission, such as shooting videos, waking up the voice assistant, etc. For these functions, we will collect your voice information to recognize your command. Please be aware that even if you have agreed to enable the microphone permission, we will only obtain voice information through the microphone when you voluntarily activate the microphone in the App.

You may opt-out the using of microphone permission: "My - Setting - Privacy Right Setting - Switch on/off Microphone".

5) Additional services based on storage permission (Android):

The purpose is to ensure the stable operation of the App by utilizing the storage permission. After you give or indicate the permission to read/write your mobile device’s storage, we will access pictures, files, crash login formation and other necessary information from your mobile device’s storage to provide you with functions, such as information publications, or record the crash log information locally.

You may opt-out the using of storage permission: "My - Setting - Privacy Right Setting - Switch on/off Storage".

6) Additional services based on Notification permission:

The reason why we ask you for the permission is to send you notifications about using the Smart Devices or Services, especially if you have purchased security services and you require an alert or message so that you can capture the real-time status.

You may opt-out the using of App notifications: "My - Message Center - Setting - Switch on/off Notifications".

7) Additional services based on Alert Window permission:

You may choose to bind a camera in the App and require the App to display the real-time image of the camera in a separate window.

You may opt-out the using of alert window information: "My - Setting - Privacy Right Setting - Switch on/off Alert Window".

8) Additional services based on Bluetooth permission:

You can enable Bluetooth functions after turning on the permission, including controlling the Smart Devices, acquiring status of, discovering and configuring Smart Devices. In these functions, we will communicate with Smart Devices via Bluetooth. Please be aware that even if you have agreed to enable the Bluetooth permission, we will only use Bluetooth for communication in these scenarios: display device status on the home page and Smart Device panel; perform device control on the home page and Smart Device panel; discovering Smart Devices on the home page and the add device page, Smart Device distribution network.

You may opt-out the using of Bluetooth via "My - Settings - Privacy Setting - Disable/Enable Bluetooth permission".

9) Additional services based on HomeKit permission (iOS):

You can enable related functions after enabling HomeKit permissions, including discovering Smart Devices, enabling Smart Device network configuration, controlling Smart Devices, and checking device status. Among these functions, we will process data with the "Home“ App that comes with the iOS system through HomeKit. Please be aware that even if you have agreed to enable the HomeKit permission, we will only use it in these scenarios: on the home page, to discover HomeKit devices, HomeKit device network configuration; in "Settings - HomeKit" for discovering HomeKit devices, HomeKit device network configuration.

You may opt-out the using of HomeKit permission via "My - Settings - Privacy Settings - Turn off/on HomeKit permission".

Please note that if you turn on any permission, you authorize us to collect and use relevant personal information to provide you with corresponding Services. Once you turn off any permission, we will take it as canceling the authorization, and we will no longer continue to collect Personal Data based on the corresponding permissions, and the related functions may be terminated. However, your decision to turn off the permission will not affect the previous collection and use of information based on your authorization.

2. Information We Collect Automatically

· Mobile Device Information: When you interact with our Services, in order to provide and maintain the normal operation of our Services, to improve and optimize our Services, and to protect your account security as well, we automatically collect mobile device information, such as mobile device model number, IP address, wireless connection information, the type and version of the operating system, application version number, push notification identifier, log files, and mobile network information. Meanwhile, we will collect your software version number. In order to ensure the security of the operating environment or to provide services, we will collect information about the installed mobile applications and other software you use.

· Usage Data: During your interaction with our websites and Services, we automatically collect usage data relating to visits, clicks, downloads, messages sent/received, and other usage of our websites and Services.

· Log Information: When you use the App, in order to improve your user experience, the system and exception log may be uploaded, including your IP address, language preference setting, operating system version, date or time of access, so that we can facilitate and accurately identify problems and help you solve them in a timely manner.

Please note that we cannot identify a specific individual by using device information or log information alone. However, if these types of non-personal information, combined with other information, may be used to identify a specific individual, such information will be treated as Personal Data. Unless we have obtained your consent or unless otherwise provided by data protection laws and regulations, we will aggregate or desensitize such information.

3. Smart Devices Related Information:

· Basic Information of Smart Devices: When you connect your Smart Devices with the Services, we may collect basic information about your Smart Devices such as device name, device ID, online status, activation time, firmware version, and upgrade information.

· Information collected during the process of connecting to a Smart Device: Based on the type of Smart Device you need to connect, the basic information collected includes: Wi-Fi information, device MAC address, etc.

· Information Reported by Smart Devices: Depending on the different Smart Devices you elect to connect with our Products or Services, we may collect different information reported by your Smart Devices. For example, Location, Temperature, Humidity,…

Purposes and legal basis for processing Personal Data

The purpose for which we may process information about you are as follows:

· Provide You with Our Services: We process your account data, mobile device information, usage data, location information, and Smart Device related information to provide you with the Services that you have requested. The legal basis for this processing is to perform our contract with you according to our user agreement.

· Improve Our Services: We process your mobile device information, usage data, location information and Smart Device related information to ensure the functions and safety of the Services, to develop and improve the Services, to analyze the efficiency of our operations and to prevent and trace fraudulent or inappropriate usage. The legal basis for this processing is to perform our contract with you according to our user agreement.

· Non-marketing Communication: We process your Personal Data to send you important information regarding the Services, changes to our terms, conditions, and policies and/or other administrative information. At the same time, we will also send you notifications related to the services you have purchased, such as alert services. You can check the “App Notification” in the App ("Me &rt; Message Center &rt; Setting &rt; Notification Setting") to manage these communications. When you decide not to enable the Notifications function, we will no longer process your information for such purpose. The legal basis for this processing is to perform our contract with you according to our user agreement.

· Data Analysis: In order to analyze the usage of the products we provide and improve your user experience, we will analyze the data you provide us, a) we need to check your problems when you encounter any malfunctions during the usage of the product, under such circumstance, you may not able to opt-out because it is highly relate to your functionalities and quality of using our product and service, and b) analyze data about how you interface with the product or under particular scenarios so that you can better enjoy the convenience brought by our Services, under such circumstance, if you do not agree to data analysis of your data, you can enter the privacy settings of App (“My &rt; Settings &rt; Privacy Settings &rt; Data Analysis”) to opt-out your selection. The legal basis for such processing is based on your consent.

· Marketing Communication and Personalization: We may process your account data, usage data, device information to personalize product design and to provide you with services tailored for you, such as recommending and displaying information and advertisements regarding products suited to you, and to invite you to participate in surveys relating to your use of the Services. If you do not allow us to process your Personal Data for personalization, you may opt out when you enter the App, or by changing your preferences in “Privacy Settings” (“Me &rt; Settings &rt; Privacy Settings &rt; Personalization”) in the App. The legal basis for this processing is your consent.

· Legal Compliance. We disclose information if we are legally required to do so, or if we have a good faith belief that such use is reasonably necessary to:

· comply with a legal obligation, process or request;

· enforce our User Agreement and other agreements, policies, and standards, including investigation of any potential violation thereof;

· protect the rights, property or safety of us, our users, a third party or the public as required or permitted by law; or

· detect, prevent or otherwise address security, fraud or technical issues.

If there is any change in the purposes for processing your personal data, we will inform such change to you via email and/or a prominent notice on our website or mobile application of such changes of purposes, and choices you may have regarding your Personal Data.

Who do we Share Personal Data with?

At BONECO AG, we only share Personal Data in ways that we tell you about. We may share your Personal Data with the following recipients:

· To our third-party service providers who perform certain business-related functions for us, such as website hosting, data analysis, payment and credit card processing, infrastructure provision, IT services, customer support service, e-mail delivery services, and other similar services to enable them to provide services to us.

· To our customers and other business partners who provide you, directly or indirectly, with your Smart Devices, and/or networks and systems through which you access and use our websites and Services.

· To subsidiaries or affiliates within our corporate family for purpose of regular business activities based on our instructions and in compliance with applicable law, this Policy and other appropriate confidentiality and security measures.

· To an affiliate or other third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings). In such an event, you will be notified via email and/or a prominent notice on our website or mobile application of any change in ownership, and choices you may have regarding your Personal Data.

· As we believe in good faith that access to, or use, preservation, or disclosure of the information is reasonably necessary or appropriate to:

(a) Comply with applicable law, regulation, legal process, or lawful governmental request;

(b) Enforce our User Agreement and other agreements, policies, and standards, including investigation of any potential violation thereof;

(c) Protect our operation and business systems;

(d) Protect the rights, property or safety of us, our users, a third party or the public as required or permitted by law; or

(e) Perform risk management, screening and checks for unlawful, fraudulent, deceptive or malicious activities.

Except for the third parties mentioned above, we only disclose your Personal Data to other third parties with your consent.

International Transfer of Information Collected

BONECO AG will comply with applicable data localization requirements in corresponding jurisdictions with respect to storage of data. To facilitate our operation, we may transfer, store and process your Personal Data in jurisdictions other than where you live. Laws in these countries may differ from the laws applicable to your country of residence. When we do so, we will ensure that an adequate level of protection is provided for the information by using one or more of the following approaches:

· Agreement on the basis of approved EU standard contractual clauses per GDPR Art. 46. For more information, see https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en.

If you would like further detail on the safeguards we have in place, you can contact us directly as described in this Privacy Policy.

Your Rights Relating to Your Personal Data

We respect your rights and control over your Personal Data. You may exercise any of the following rights:

Confirm: please provide at least 2 approaches for individual user executing their privacy rights, for instance, via the privacy office email address;, or via the route of Feedback imbedded in the App: Me / Personal Center / Account and Security etc.

You do not have to pay a fee and we will aim to respond you within 30 days. If you decide to email us, in your request, please make clear what information you would like to have changed, whether you would like to have your Personal Data deleted from our database or otherwise let us know what limitations you would like to put on our use of your Personal Data. Please note that we may ask you to verify your identity before taking further action on your request, for security purposes.

You may:

· Request access to the Personal Data that we process about you: "My-Setting-Privacy Settings-Personal Data Export";

· Request that we correct inaccurate or incomplete Personal Data about you: 1) Modify your account number (email address or phone number): "My-Setting-Account and Security-Change your Account"; 2) Modify the nickname and/or timezone: "My-Personal Information";

· Request deletion of Personal Data about you: "My-Setting-Account and Security-Delete Account", when you confirm the deletion of your account, your Personal Data will be deleted accordingly.

· Request restrictions, temporarily or permanently, on our processing of some or all Personal Data about you: Please send over your request through "My-FAQ & Feedback", or send over the email request to Confirm: the emailbox?;

· Request transfer of Personal Data to you or a third party where we process the data based on your consent or a contract with you, and where our processing is automated: Please send over your request through "My-FAQ & Feedback", or send over the email request to Confirm: the emailbox?;

· Opt-out or object to our use of Personal Data about you where our use is based on your consent or our legitimate interests.

Withdrawal of consent Confirm the following details: We will exercise your privacy right to withdraw consent through the following approaches:

For privacy permissions acquired through device system settings, your consent can be withdrawn by changing device permissions, including location, Bluetooth settings, notification settings and other related functions;

You may opt-out the non-marketing communication through “Me &rt; Message Center &rt; Notification Settings” to manage your selection;

You may opt-out the data analysis features through “Me &rt; Settings &rt; Privacy Settings”;

You may opt-out the Personalization feature through “Me &rt; Settings &rt; Privacy Settings &rt; Personalization”;

Unbind the Smart Device through the App, and the information related to the Smart Device will not be collected;

By using product with the "Try Now" mode, and not enable certain location setting for particular smart scene, we will not collect any Personal Data about you;

If you previously agreed to associate App account with a third-party service, such as a health platform, please unbind it on the third-party platform.

When you withdraw your consent or authorization, we may not be able to continue to provide you with certain products or services correspondingly. However, your withdrawal of your consent or authorization will not affect the processing of personal information based on your consent before the withdrawal.

About Deletion of the Account: You can find the Delete function through “Me &rt; Settings &rt; Account and Security &rt; Delete Account” (Deactivate Account)

Security Measures

We use commercially reasonable physical, administrative, and technical safeguards to preserve the integrity and security of your Personal Data. BONECO AG provides various security strategies to effectively ensure data security of user and device. As for device access, BONECO AG proprietary algorithms are employed to ensure data isolation, access authentication, applying for authorization. As for data communication, communication using security algorithms and transmission encryption protocols and commercial level information encryption transmission based on dynamic keys are supported. As for data processing, strict data filtering and validation and complete data audit are applied. As for data storage, all confidential information of users will be safely encrypted for storage. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you could immediately notify us of the problem by emailing service@boneco.com.

Data Retention

We process your Personal Data for the minimum period necessary for the purposes set out in this Policy, unless there is a specific legal requirement for us to keep the data for a longer retention period. We determine the appropriate retention period based on the amount, nature, and sensitivity of your Personal Data, and after the retention period ends, we will destruct your Personal Data.

· For as long as you require us to fulfill the products and services you request from us as defined in the

· Personal Data will no longer be retained when you request to remove your Personal Data, we will accordingly complete the task.

· When we are unable to do so for technical reasons, we will ensure that appropriate measures are put in place to prevent any further such use of your Personal Data.

Children’s Privacy

Protecting the privacy of young children is especially important to us. The Services are not directed to individuals under the age of thirteen (13) (or such other age provided by applicable law in your country/region of residence), and we request that these individuals do not provide any Personal Data to us. We do not knowingly collect Personal Data from any child unless we first obtain permission from that child’s parent or legal guardian. If we become aware that we have collected Personal Data from any child without permission from that child’s parent or legal guardian, we will take steps to remove that information.

Changes to this Privacy Policy

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes, we will notify you by email (send to the e-mail address specified in your account) or by means of a notice in the mobile applications prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Contact Us

If you have any questions about our practices or this Privacy Policy, please contact us as follows:

BONECO AG

Espenstrasse 85

9443 WidnauSwitzerland

‍

BONECO AG and its affiliates (collectively, "we", "us" or "our") are committed to protecting the privacy of children (i.e., minors under 13 years of age or such other age provided by applicable law in your country/region of residence) who use our products and services. This Children's Privacy Statement (including subsequent updates, collectively, this "Statement") and BONECO SMART App Privacy Policy are intended to explain to children's parents or other guardians ("guardians" or "you") how we collect and use children's personal information in connection with our products and services, the rules applicable to processing such personal information, and the ways in which guardians may access, correct, delete, and protect such personal information.

Special Instructions for a Guardian:

We protect the personal information and privacy of children in accordance with this Statement. You are expected to help us protect the personal information and privacy of children under your custody, to require them to read and accept this Statement together with you, and to ensure that they use our products and services with your consent and guidance. Please note that if you choose to agree to this Statement, or your children begin, or continue, to use our products or services, or submit their personal information, you acknowledge that you agree to our collection, use, storage, sharing, transfer, and disclosure of your children's personal information in accordance with this Statement.

Special Instructions for Children:

We recommend that any child use our products or services with the prior consent of his/her guardian. If you are a child, please be sure to carefully read this Statement with your guardian, and use our products or services or provide information to us with your guardian's consent.

We hereby remind you that you shall carefully read and fully understand this Statement and BONECO SMART App Privacy Policy (especially the terms in bold) before choosing whether to agree to the terms and whether to agree to your children's use of our products or services. If you do not agree to any of the terms of the BONECO SMART App Privacy Policy and/or the content of this Statement, or to provide relevant necessary information in the use of a specific feature or scenario of our products and services, please understand that you and your child may not be able to normally use our products or services or the specific feature or scenario. If there is any inconsistency between this Statement and the BONECO SMART App Privacy Policy in terms of the protection of children's privacy, this Statement shall apply. Matters not covered herein shall be subject to the BONECO SMART App Privacy Policy.

This Statement applies to (1) our products or services that require a user to enter birth date, age, or any other information that can identify the user’s age, and (2) specific smart devices and their features and scenarios designed and developed for children that are controlled by our software (including mobile applications and applets/mini-programs). If there is no information needed from a child, then the Statement is not applied. The products and services that we provide may include products or services provided by third parties, and you may log in and use such third-party products and services through our software or products (e.g., App). Such third parties may collect, use, or process information related to children. We recommend that you ask your children to seek your consent before authorizing a third party to collect or process any of their personal information.

If you have any questions about any term of this Statement, or you and your children have any requests related to personal information during the use of our products or services, please contact us through the special channels available to you, which are shown in the "Contact Us" section below. We will handle and respond to your questions or requests as soon as possible upon receipt thereof.

I. What Information Do We Collect?

We will, in strict accordance with the obligations and responsibilities for the protection of children's personal information prescribed by applicable laws and regulations, as well as the provisions of relevant privacy policies and this Statement, and based on the specific needs of relevant products and services, collect and use children's personal information after obtaining the consent of their guardians.

When providing certain child-oriented products or services to you and your children, we may require the user to fill in their birth date information for the purpose of providing such products or services to you so as to identify whether the user is a child and, in accordance with applicable laws and regulations, allow the child to use relevant products or services after obtaining the consent of his/her guardian.

When you and your children use a specific smart device controlled by our software, we may collect and use your children's personal information necessary for certain features or scenarios, including information on years/months of age, movement, and geographic location. Specific types and scope of information involved will depend on the features and intelligent scenarios of the smart device(s) used.

When a child uses our products or services, we may collect other relevant information from the child. Please refer to the "What Personal Information Do We Collect" section of the BONECO SMART App Privacy Policy to learn more about other personal information we may collect.

If we need to collect personal information about you or your children beyond the above-mentioned scope of collection, we will notify you again and obtain your consent.

Please understand that you may choose whether to fill in or provide us with certain information of your children, but if you do not fill in or provide certain information, it may cause our products or services to fail to function properly or to achieve the desired service effect, and you and your children may not be able to normally use our products or services or related specific business functions.

II. How Do We Use the Information?

We will, in strict accordance with laws and regulations and the agreements concluded with users, use the information collected from you and your children for the following purposes:

a) To provide necessary products or services or the specific functions thereof; and

b) To optimize products or services, provide security assurance, or conduct service survey.

If we need to use personal information about you or your children beyond the above-mentioned purposes, we will notify you again and obtain your consent.

III. Sharing, Transfer, and Disclosure of Children's Personal Information

We strictly restrict the sharing, transfer, and disclosure of the personal information of children in accordance with laws and regulations. In general, we do not share children's personal information with any third party. We may share with third parties the personal information of a child only after obtaining the prior consent of their guardian.

a) Sharing with Guardians

We will share certain children's personal information (such as the children's user names, account numbers, and passwords, and transaction information for some of our products and services) with their guardians so that the guardians may access and manage relevant personal information.

b) Sharing with Third Parties

For the purpose of external processing only, we may share a child's personal information with third-party partners, including service providers, contractors, agents, and application developers (e.g., communications service providers that send emails or push notifications on our behalf, and map service providers that provide us with location services) (they may not be located in your jurisdiction) and have them process such information for us in accordance with our statements and privacy policies and relevant confidentiality and security policies.

If we entrust a third party with processing of children's personal information, we will conduct security assessment on the third party and the entrustment, and sign an entrustment agreement to require the third party to process such personal information within the scope of our authorization. The children's personal information is used by such third party mainly for the following purposes:

i. To provide our services to the children;

ii. To achieve the purposes as set forth in the "How Do We Use the Information" section hereof;

iii. To fulfill our obligations under the BONECO SMART App Privacy Policy and this Statement and exercise our rights thereunder; and

iv. To understand, maintain, and improve our services.

If we share your and your child's information with the above-mentioned third parties, we will conduct security assessment and adopt encryption, anonymization, de-identification, and other measures to protect the security of your and your children's information.

With the continuous development of our business, we may engage in a merger, acquisition, asset transfer, or other transaction that results in the sharing of your and your children's personal information with a third party, in which case we will inform you by push notification, announcement, or other means, and continue to protect or require the new manager to continue to protect your and your children's personal information in accordance with applicable laws and regulations and the security standards no less stringent than those required in this Statement.

We may anonymize the collected information of children for the purpose of big data analysis, for example, generating a report for the services that you use.

c) Other Disclosures

In general, we prohibit the disclosure of children’s personal information, but we may disclose children's personal information for the following purposes:

i. To comply with applicable laws and regulations, legal proceedings, or requests from public institutions and government authorities;

ii. To perform our terms of use and other agreements, policies, or standards, including investigating any potential violations;

iii. To protect the rights, privacy, security, or property of us and/or other users, including you; and

iv. To seek available detection, prevention, or remedial measures, limit potential damages payable by us, or resolve security, fraud, or technical issues.

IV. Storage of Children's Personal Information

We will take encryption and other technical measures to store children's personal information to ensure information security. We will store children's personal information only for a period necessary to fulfill the purposes for which we collect and use such information. For more information about how we store and protect children's personal information, please refer to the "Storage Location and Period of Information" and "Information Security" sections of the BONECO SMART App Privacy Policy.

If our products or services cease operating, or the storage period of your and your children's personal information expires as required by this Statement or the BONECO SMART App Privacy Policy, we will notify you and your children by means such as push notification, announcement, and email, and delete or anonymize your and your children's personal information within a reasonable period of time.

V. Management of Children's Personal Information

To make it easier for you and your children to access, correct, or delete relevant personal information while using our products or services, we provide you with the corresponding operation settings in the product design, and you also may provide your feedback or inquiries through the contact information we provide. We will contact you in a timely manner upon verifying your feedback. Please understand that during the verification process, we may require you to provide the children's personal information such as account number, birth date, and contact information, so that we can continue to respond to your needs after completing authentication and verifying the issues.

a) Accessing Children's Personal Information

You and your children may view the personal information provided or generated by the child user in the use of our products or services, including but not limited to user name, nickname, gender (if applicable), and voluntarily posted contents.

b) Correcting Children's Personal Information

When you and your children find errors in the children's personal information that we collect, use, and process, you may correct such personal information by choosing Me &rt; Personal Information &rt; Nickname/Time Zone, or by contacting us. We will take measures in a timely manner to correct the errors after completing the authentication and verification.

c) Deleting Children's Personal Information

You and your children may request us to delete the children's personal information that we collect, use, and process, and we will take measures in a timely manner to delete such personal information after completing the authentication and verification if:

i. we collect, store, use, transfer, or disclose the child's personal information in violation of applicable laws and regulations or relevant agreement with you;

ii. we collect, store, use, transfer, or disclose the children's personal information beyond the intended scope or necessary period;

iii. you withdraw your consent; or

iv. you or your children terminates the use of our products or services by cancelling the user account.

For your request, we will perform authentication and verification, and take measures in a timely manner to delete relevant personal information after completing the authentication and verification. However, please note that if you and your child require us to delete the specific personal information of the child, it may cause the child user to be unable to continue to use our products and services or certain specific business functions thereof. If you find that any personal information of your children has been collected without your prior consent, please contact us immediately, and we will endeavor to delete relevant information as soon as possible.

Contact Us

If you have any questions about our practices or this Statement, please contact us in the following ways:

BONECO AG

Espenstrasse 85

CH-9443 Widnau / Switzerland

app@boneco.com

1. Purchase Orders
The following Purchasing General Terms & Conditions shall govern each contract under which Boneco purchases merchandise from the Partner. Where Boneco and the Partner have reached a different agreement in writing on an issue, such different agreement shall take precedence over these Purchasing General Terms & Conditions.
These Standard Terms and Conditions shall apply if referred to in the purchase order of Boneco. Deviating general terms and conditions of the Partner are not accepted by Boneco.

2. Drawings, other Documents, Intellectual Property
The Partner shall use his expertise independently, i.e. without Boneco’s request, to check all drawings, calculations, specifications and other requirements sent to him by Boneco for errors, inconsistencies and discrepancies. Recognisable errors, inconsistencies or discrepancies shall be immediately communicated in writing to Boneco.
Drawings and their changes shall be given to Boneco in original or in copy and shall become free of charge Boneco’s property.
In case of contracts whose subject is the solution of a technical problem, any intellectual property rights arising from such solutions shall belong to Boneco, as shall other technical solutions or know-how which is not state of the art. The Partner herewith transfers any such intellectual property rights (e.g. patents, copyrights) to Boneco. The consideration to acquire such intellectual property rights forms part of the purchase price for the merchandise.
Moulding tools which are manufactured by the Partner in favour of Boneco and which are financed by Boneco, are property of Boneco, even if they remain in the possession of the Partner (constructive possession). Such moulding tools shall be marked to be owned by Boneco.

3. Time and Place of Performance; Partial Performance
The delivery time set by Boneco in its order shall be binding. In case the order does not specify any delivery time, the merchandise is to be delivered within 14 days, starting with the day when the order has been received by the Partner. The Partner shall communicate any problem he might have with the delivery in writing and without delay on learning of such problem. Boneco shall be entitled to claim liquidated damages for late delivery of 1% of the purchase price of the delayed merchandise per week of delay, up to a maximum of 15%. The right to claim a compensation which exceeds the liquidated damages remains reserved. In addition Boneco has the right to fix a time limit of 5 days for subsequent performance and to waive subsequent performance and ask for compensation for damages arising out of the non-performance or withdraw from the contract, if there is no performance at the expiration of the time limit.
The merchandise shall be delivered DDP (Incoterms 2010). The place of destination shall be the domicile of Boneco, unless otherwise agreed in writing.
Shipments are to be made on time, according to the date specified in the order. Boneco has the right to reject a shipment that is early or to send it back to the Partner, at the Partner’s expense. If the early shipment is accepted by Boneco, then its storage at Boneco shall be at the Partner’s risk and expense. In this case, payment of the invoice shall be governed by the due date (as opposed to the early shipment date).
Boneco shall not be obliged to accept partial or incomplete deliveries.

4. Warranty
The Partner warrants the merchantability of the delivered merchandise. Furthermore, the Partner warrants its fitness both for the agreed purpose and for Boneco’s purpose which is recognisable to him. The Partner guarantees that the merchandise is manufactured by itself. The engagement of third parties in order to perform the obligations of this contract, requires the prior written consent of Boneco.
The Partner represents that the delivered merchandise corresponds in quantity and quality to the order and the agreed specifications. The regulations about the buyer’s obligation to examine delivered merchandise and notify the seller immediately of any defects (CO 201) is expressly waived. Boneco may notify defects any time within the warranty period.
The Partner represents that the merchandise is compliant with all laws, all administrative regulations and all rules laid down by professional associations which apply at the place of delivery and the place of destination of the merchandise and which are in force at the time when Boneco places the order, and to all environment, safety and worker protection rules. Specifically, the merchandise shall conform to the EU Directive 2011/65/EU (RoHS 2) on the “Restriction of the use of certain hazardous substances in electrical and electronic equipment” as well as the EU Regulation 1907/2006 (REACH Regulation). The merchandise shall conform to all regulations about Polycyclic aromatic hydrocarbons (PAH) as well.
In case of a breach of warranty or misrepresentation, Boneco shall have the right, without prejudice to other remedies available to Boneco under law, to choose between rectification, replacement, rescission, and price reduction. Because of the breach of warranty, the Partner shall get in case of rescission no remuneration for any use Boneco has had of the merchandise. In addition Boneco reserves the right to claim damages. Such damage claim shall not presume fault on the part of the Partner.
The warranty period shall be at least 24 months, starting with delivery of the merchandise. This period shall be extended by the time between the delivery and the actual use of the merchandise; however, such extension shall not exceed 6 months. The warranty period for buildings or for fixed installations into buildings shall be 5 years, starting with the handover protocol duly signed by Boneco.
The Partner shall indemnify Boneco from all costs associated with product liability, provided the merchandise has been the cause of the product liability claim. On demand, the Partner shall document to Boneco that the product liability risk is sufficiently covered by insurance.

5. Remuneration and Payment
The prices are DDP (place of destination: domicile of Boneco).
The following payment term shall apply: 14 days 3% discount, 45 days net.
Without a correct and complete invoice and the receipt of the merchandise by Boneco, the purchase price shall not become due. In particular, it should be noted that the invoice shall contain all legally required data, with special consideration to the Value Added Tax Law where applicable. Such data shall include at least the proper designation of the invoice recipient and the correct presentation of the Value Added Tax where applicable. In addition, the Partner’s invoice must quote Boneco’s order number and Boneco’s reference and item number or item numbers.
Once the final invoice has been submitted to Boneco, the Partner may make no further belated claims for remuneration.
The Partner may assign claims against Boneco to third parties only after prior written consent by Boneco.

6. Third Party Rights, Know-How, Confidential Information, Data Protection
The Partner guarantees (OR 111) that the use or purchase of his merchandise by Boneco does not infringe any third-party rights. Without prejudice to the right of Boneco to demand rescission or damages in case of such an infringement, the Partner shall indemnify Boneco from all such third-party claims.
The Partner shall not make use, neither for himself nor for third parties, of any Boneco know-how and any confidential information, which he has received from Boneco in the course of contract negotiation or contract performance, in particular of documents handed over to the Partner by Boneco. However, this obligation may be waived by Boneco in a prior written statement. The Partner shall bind his employees to the same obligations regarding confidential information.
This obligation shall survive the termination of the current agreement by 5 years. In case of a breach of the non-disclosure obligation the Partner shall pay to Boneco liquidated damages in the amount of CHF 100,000 per each case of such breach. Boneco reserves the right to claim damages which exceed CHF 100,000 and to claim specific performance. Any payment of liquidated damages does not release the Partner from the non-disclosure obligation.
Documents handed over by Boneco may not be copied by the Partner without prior consent by Boneco. Upon the termination of the contract, the Partner has to return them without delay, and delete electronically recorded documents.
For the processing of personal data by us, our separate privacy policy applies, which is available on our website (https://www.boneco.com/de/disclaimer/datenschutzerklaerung-boneco).
The data protection declaration is not part of these General Terms and Conditions of Purchase and can be unilaterally amended by us at any time.

7. Miscellaneous
The law of the country in which Boneco has its seat shall apply. It is understood the collision law of that country shall not apply, and the United Nations Convention on Contracts for the International Sale of Goods shall not apply either.
Venue for disputes shall be the court of law at the seat of Boneco. However, Boneco has, at its own discretion, the right, to have disputes decided by the courts at the seat of the Partner.
Apart from what has been concluded in writing, no oral agreements exist. Contract amendments shall not be valid unless executed in writing.
Should one or more contract provision(s) be or become invalid, this invalidity shall not be construed as affecting the validity of the whole contract. The invalid provision(s) shall be replaced so that the new text is both valid and its meaning as close as possible to the meaning of the provision(s) replaced.
“in writing” and “written” mean a record of information (including information communicated by teletransmission) which is in tangible or other form and is capable of being reproduced in tangible form on a subsequent occasion.
The Partner shall not assign any rights based on this Contract to a third party without the prior written consent of Boneco.

Last updated: 09/2023