Software License and Service Agreement
This Agreement is entered into between you and ENC data Services Co. Ltd. (hereinafter referred to as "we," "us," or "ENC"),we refer to you as “you” or “Customer”. ENC and Customer are referred to in this Agreement individually as a “Party” and collectively as the “Parties”.The exact legal entity name, registration number, registered address, and contact information shall be subject to the business license and product disclosure information.
This Agreement, together with the Privacy Policy and other rules posted on the product pages, constitutes the entire agreement between you and us. If any specific rules conflict with this Agreement, the specific rules shall prevail for the relevant matters, provided that such specific rules do not diminish any rights granted to you by applicable law.
By accessing or using the Product, including access to the Site, you intend and expressly agree to be bound by all the terms and conditions of this Agreement and the Privacy Policy available in the App under “About UBling” (“Privacy Policy”), which is incorporated by reference. If you do not agree to these terms and conditions, you may not use the Product.
1. Definitions and Scope
1.1 "Product" refers to the smart health ring, companion mobile application (including the Ubling App, if applicable), firmware, cloud platform, website, algorithm models, and related services operated or provided by us.
1.2 "Artificial Intelligence Service" refers to functions such as health analysis, Q&A, reminders, content generation, personalized recommendations, or anthropomorphic interactions that use algorithmic recommendation, generative AI, deep synthesis, or other AI technologies.
1.3 "AI-Generated Content" refers to text, images, audio, video, virtual scenes, and other information generated or synthesized using AI technology.
1.4 "Health Data" includes heart rate, heart rate variability (HRV), blood oxygen (SpO2), sleep (including sleep stages, score, efficiency and chronotype), stress, physical energy, steps, distance, calories, wear status, height, weight, women's health data you enter manually (cycle records, flow, pain, mood, symptoms, basal body temperature, weight, notes), and other data that can reflect an individual's physiological or health condition. Health Data may constitute "Sensitive Personal Information", "Consumer Health Data", "Medical Information", "Biometric Information", or another specially protected category under applicable federal or state law, depending on the nature of the information, how it is processed, and the applicable jurisdiction.
1.5 This Agreement applies to products and services provided to individual consumers in the United States. If separate agreements exist for enterprise customers or non-U.S. versions, those agreements shall apply accordingly.
2. Account Registration, Eligibility, and Guardianship
2.1 You must register your account using accurate, lawful, and valid information and safeguard your account, password, and verification codes. You are responsible for losses caused by your active disclosure, lending of your account, or failure to take reasonable security measures, except for losses caused by our failure to fulfill our statutory security obligations.
2.2 You must not impersonate others or use another person's personal information, devices, or accounts without authorization. If you discover that your account has been compromised, has abnormal login activity, or has security vulnerabilities, please contact us immediately through the channels listed in this Agreement.
2.3 You represent and warrant that you are at least 18 years of age and have the legal authority to accept this Agreement on your behalf or on behalf of any party you represent. You alone are responsible for your activities and interaction with the Services.
2.4 Children and Minors:The Product is not directed to users under 18, and children under 13 may not use the Product unless and to the extent permitted by applicable law and we have obtained any required verifiable parental consent.
Users who are 13 or older but under 18 may use the Product only where permitted by applicable law and subject to any parental or guardian consent required by applicable law. We may implement age-assurance, parental-consent, and other safeguards where required by applicable law.If we learn that we have collected personal information from a child under 13 without the consent required by COPPA or other applicable law, we will take appropriate steps to delete the information as required by law
2.5 If the Product provides continuous emotional interaction or other anthropomorphic interaction services, we will not provide virtual relatives, virtual companions, or other virtual intimate relationship services to minors. Before providing other anthropomorphic interaction services to users under 18, we will obtain parental or guardian consent as required by applicable law.
3. Software License
3.1 Subject to your continued compliance with this Agreement, we grant you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use the software solely to connect to and use the smart health ring and related services that you have lawfully obtained.
3.2 Except as permitted by law or expressly authorized by us in writing, you must not copy, rent, lend, sell, sublicense, reverse engineer, decompile, disassemble, circumvent technical protection measures, or interfere with the normal operation of the Product through plug-ins, packet sniffing, automated tools, or other methods, or unlawfully obtain data or harm network security.
3.3 Open-source software or third-party components are governed by their respective licenses. Where such licenses conflict with this Agreement, the applicable open-source or third-party license shall prevail to the extent required by law.
4. Service Content, Updates, and Changes
4.1 The Product may provide device pairing and management (smart ring and companion robot, including robot Wi-Fi provisioning and voiceprint-based owner recognition), health and exercise data display, trend analysis, reminders and alarms, personalized suggestions, AI Q&A and voice conversation, companion interaction, meditation, breathing and white-noise relaxation content, women's health tracking, device sharing within a family group, ring remote shutter, firmware upgrade, and other features. Actual features depend on your device model, region, App version, and the pages displayed.
4.2 We may update the Service based on security, compliance, technical upgrades, or business needs. For changes involving reduction of major features, increased fees, expanded scope of personal information processing, or significant impact on your rights, we will provide advance notice through pop-ups, in-app messages, push notifications, or other prominent means. Where consent is required by law, we will implement such changes only after obtaining your consent.
4.3 We may temporarily suspend the Service for maintenance, upgrades, or emergency security measures, and will make reasonable efforts to notify you in advance or promptly announce the suspension. For paid services, we will provide appropriate remedies, refunds, or other reasonable arrangements as required by applicable law.
5. Health Monitoring, Health Suggestions, and Medical Boundary
5.1 Sensor readings may be affected by fit, skin condition, ambient temperature, movement, device battery level, algorithm version, and individual differences, and may experience delays, gaps, or deviations. Please wear the device correctly according to the user manual and periodically verify device status.
5.2 If you experience chest pain, difficulty breathing, altered consciousness, persistent high fever, severe allergic reactions, risk of self-harm or suicide, or other emergency conditions, please immediately contact emergency services (911) or go to a medical facility. Do not rely solely on Product alerts or AI responses.
5.3 We do not exclude or limit liability for personal injury caused by product defects, intentional misconduct, or gross negligence, nor do we exclude liability for product quality, consumer protection, and personal information protection as required by applicable law, including but not limited to any rights that cannot be waived under applicable state law.
5.4 Before implementing suggestions regarding exercise, diet, or sleep, you should consider your underlying medical conditions, medications, pregnancy, allergy history, and consult with your physician. The Product is not intended for medical scenarios requiring continuous professional monitoring, unless the relevant features have been cleared or approved by the U.S. Food and Drug Administration (FDA) or other applicable regulatory authority.
6. Artificial Intelligence Service Rules
6.1 AI Services may be based on model inference and probabilistic generation, and may contain factual errors, omissions, biases, outdated information, or content unsuitable for individual circumstances. You should not rely on AI output as the sole basis for medical, legal, financial, or other high-risk decisions.
6.2 We will add explicit or implicit labels such as "AI-Generated" or "AI-Synthesized" in interactive interfaces, output content, or file metadata, as required by applicable law, and indicate that you are interacting with an AI system rather than a human. You must not maliciously remove, alter, forge, or conceal such labels.
6.3 If the Product provides AI content download, copy, or export functions, we will retain necessary labels in exported files as required by law. When you publish AI-generated content externally, you should proactively declare it and use the labeling features provided by the platform. You must not use such content to commit fraud, impersonation, false advertising, or to infringe on the rights of others.
6.4 For personalized recommendations or automated decisions that may affect your rights, we will provide non-personalized options or a convenient way to opt out. You may request an explanation of automated decision results that have a significant impact on you, and you have the right to opt out of decisions made solely by automated processing, as required by applicable law.
6.5 Unless we separately inform you and obtain your explicit consent, we will not use your sensitive Health Data or AI interaction data that constitutes Sensitive Personal Information for model training. After you withdraw training authorization, such withdrawal does not affect processing conducted prior to withdrawal based on valid consent, but we will cease further use and delete or anonymize relevant data to the extent technically and legally feasible.
6.6 You must not use AI Services to generate or disseminate illegal or harmful information, must not induce the disclosure of national security information, trade secrets, personal privacy, or personal information, and must not generate content that encourages self-harm, suicide, violence, discrimination, fraud, or that harms the physical or mental health and legitimate rights of others.
7. User Conduct and Content Management
7.1 You must use the Service in a lawful, civil, and good-faith manner. You must not engage in activities that endanger national security, disrupt social order, infringe on others' intellectual property, personality rights, privacy rights, or personal information rights, disseminate illegal information, or carry out cyber attacks, fraud, money laundering, or illegal medical advertising.
7.2 If we have reasonable evidence that relevant content or behavior is illegal, infringing, or seriously violates this Agreement, we may, based on the level of risk, issue warnings, restrict features, suspend or terminate services, delete or block content, preserve records, and report to competent authorities as required by law. Except in emergencies, we will provide an appeal channel.
7.3 You must have lawful rights to content you upload, input, or publish. You grant us only a non-exclusive, revocable license to use such content as necessary to provide, maintain, and improve the Service. We do not acquire ownership beyond the scope of the Service purpose under this provision.
8. Personal Information and Data Security
8.1 We process your personal information in accordance with our Privacy Policy. For Sensitive Personal Information, including health and medical data, precise geolocation, biometric information, and personal information of minors under 13, we will explain the necessity of processing and its impact on your rights, and obtain your explicit consent or parental consent as required by applicable law, including CCPA/CPRA and COPPA.
8.2 We will implement encryption, access controls, authentication, backups, log audits, security monitoring, and other measures commensurate with risk, and establish an emergency response plan for data security incidents. In the event of actual or potential information leakage, tampering, or loss, we will take remedial, reporting, and notification measures as required by applicable law.
8.3 You may exercise your rights to access, copy, correct, supplement, delete, limit processing, withdraw consent, close your account, and data portability through in-App settings or the channels listed in this Agreement, as provided by CCPA/CPRA and other applicable privacy laws.
9. Third-Party Products and Services
9.1 The Product may integrate cloud hosting and storage services, SMS delivery, map services (Amap/AutoNavi), push notification services (Aurora Mobile/JPush), the ring manufacturer's firmware SDK, and [third-party AI model services — to be confirmed by the AI backend team]. The specific names of third parties, processing purposes, categories of information, processing methods, and privacy policies will be listed in the Third-Party Information Sharing List or on feature pages.
9.2 For service providers that process personal information on our behalf, we will enter into contracts specifying processing purposes, methods, scope, and security obligations, and supervise their performance. For third parties that independently provide services to you, their processing activities are governed by their own policies, but we will still fulfill our selection, disclosure, and security management obligations as required by law.
9.3 Failures of third-party services do not automatically relieve us of our legal liabilities. For risks within our control or that we should reasonably foresee, we will take reasonable measures to protect your legitimate rights.
10. Intellectual Property and AI Output
10.1 The intellectual property rights in the Product's software, interfaces, trademarks, algorithms, documentation, and other content are owned by us or the relevant rights holders as provided by applicable law.
10.2 To the extent permitted by law and without infringing on third-party rights, you may use AI output displayed to you for personal, non-commercial purposes. AI output may be similar to third-party content or may not be exclusive. Before commercial use, public publication, or making significant decisions, you should manually verify and obtain necessary authorizations.
10.3 For content you lawfully upload, the rights remain with you or the original rights holder. You should avoid inputting others' trade secrets, undisclosed personal information, or materials you are not authorized to provide.
11. Service Suspension, Termination, and Account Closure
11.1 You may request account closure through the contact channels listed in Section 17 [an in-app "Account & Security > Close Account" entry will be provided before launch]. We will process your request promptly after verifying your identity and will delete or anonymize your personal information in accordance with the Privacy Policy, except where retention is required by law.
11.2 If you seriously violate the law, endanger network security, infringe on others' rights, or repeatedly violate this Agreement, we may take restrictive or termination measures. For non-emergency actions, we will inform you of the main reasons and provide an appeal opportunity.
11.3 If we cease operating the Product or anthropomorphic interaction services, we will provide advance notice and offer data export, refunds, migration, or other reasonable arrangements as required by law. Where advance notice is not possible, we will promptly announce the cessation.
12. Liability and Limitation of Liability
12.1 Each party bears liability in accordance with applicable law and the degree of fault. No limitation of liability shall apply to personal injury caused by intentional misconduct or gross negligence, or to liabilities that cannot be excluded or limited under applicable law.
12.2 THE PRODUCT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
12.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR FOR ANY DATA LOSS OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE PRODUCT OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR LIMITED AS SET FORTH ABOVE, IN NO EVENT SHALL ENC BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, IN EXCESS OF $200.00.
12.4 For service interruptions caused by force majeure, telecommunications provider failures, or third-party attacks that cannot be avoided despite reasonable security measures, we shall only bear the responsibility of making reasonable efforts to restore the Service and mitigate losses.
12.5 You are responsible for any losses caused to us or third parties by your unlawful use of the Service.
13. Agreement Updates
13.1 We may revise this Agreement based on changes in law, product features, and risk conditions. For material changes affecting your significant rights, we will provide notice through prominent means such as pop-ups, push notifications, or in-app messages, and provide a reasonable review period. Where consent is required by law, we will implement such changes only after obtaining your consent.
13.2 If you do not agree with material changes, you may stop using the Service and close your account.Completed transactions, paid services, and statutory rights shall be handled in accordance with the pre-change Agreement and applicable law. If you keep using Products or Services after a change to this Agreement, your continued use means that you accept any such changes.
13.3 ENC reserves the right to update this Agreement and/or the Privacy Policy at any time and for any reason in its sole discretion by posting updated terms. Unless otherwise indicated by ENC, any changes will become effective on a prospective basis from the date of posting. ENC will notify you of any material changes to this Agreement or Services. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Services. ENC and its third-party service providers may make improvements and/or changes in the Services, features, and prices described at any time and for any reason in its sole discretion. The App may download and install upgrades, updates, and additional features in order to improve, enhance, and further develop the Services. ENC reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that ENC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
14. Governing Law and Dispute Resolution
14.1 The establishment, enforcement, and interpretation of this Agreement, as well as the resolution of disputes related thereto, shall be subject to the laws of the People's Republic of China.
14.2 The place of signing of this Agreement will be regarded as Pudong District in Shanghai City in the People's Republic of China. Should any dispute arise with regard to the Content or execution of this Agreement, both parties should seek resolution thereof through amicable consultation. Should a settlement fail to be reached through consultation, either party may file a lawsuit with a court with jurisdiction in the place of signing.
15. Important Notice
Before registering, logging in, or using this Product, please carefully read and fully understand this Agreement, especially the terms highlighted in bold, underlined, or otherwise prominent manner relating to Health Data, AI Services, minors, limitation of liability, and dispute resolution. By clicking "Agree," registering, logging in, or actually using the Service, you indicate that you have read and agree to this Agreement. For matters requiring separate consent under applicable law, we will obtain your separate consent.
16. Special Statement
Unless the product page clearly indicates that the relevant features have been cleared or approved by the U.S. Food and Drug Administration (FDA) or other applicable regulatory authority and are provided within the approved scope, this Product and its health monitoring, risk alerts, trend analysis, and AI suggestions are intended only for general health management and lifestyle reference. They are not intended for disease diagnosis, treatment, prescription, rehabilitation, or emergency medical care .The products are for informational purposes only and cannot replace the professional judgment of a physician or medical institution.
THE PRODUCTS, INCLUDING ALL INFORMATION, TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO, AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR THIRD PARTIES, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL, OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL.
17. Contact Us
Operating Entity: ENC data Services Co. Ltd.; Registered Address: Enn Plaza, 2011 Jinhai Road, Pudong New Area, Shanghai, China; Privacy/Complaint Email: baiyingying@enn.cn; Customer Service Hours: 9:00 AM - 6:00 PM (Local Time). Complaints, appeals, and personal information rights requests will generally be responded to within 15 business days, unless otherwise required by applicable law.