ThermaHome User Agreement
Effective Date:07/01,2026
Thanks for using ThermaHome Home App ("APP"). The APP is operated by Zhongshan Hesheng Thermal Equipement Co.,Ltd. registered office in NO 5, Yandong Road, Dayan Industrial Zone, Huangpu Town, Zhongshan Guangdong (hereinafter, "we", "us" and "our") for you to better use our Hesheng IoT Gateway products, and/or connected third party's equipment ("Product"). The third party's equipment may include, but not limited to, heating and cooling equipment, heat pumps, refrigerators, freezers, etc.
Please read this Agreement carefully and fully understand its contents, especially contents marked in bold. Once you registered the APP, you are deemed as have understood and fully agreed to the contents of the User Agreement (hereinafter referred to as this "Agreement"). If you disagree with this Agreement or any amendment made by us to the terms hereof, please discontinue access and/or use of all services provided by us.
If you are a minor user, please read carefully and fully understand this Agreement accompanied by your legal guardian and use the APP with the consent of your legal guardian. We do not provide products and/or services to children (as defined in your jurisdiction). If we accidentally collect personal information from a child (as defined in your jurisdiction), we will immediately delete such personal information as soon as possible.
This Agreement includes:
1.Acceptance of Registration Terms
6.Provisions for the Use of Minor Users
7.Data (Including Personal Information) Protection
9.Notices
10.Suspension and Termination of Services
12.Modification of Provisions and Amendment to Service
1. Acceptance of Registration Terms
Once you have read and clicked to agree to this Agreement, filled in information according to instructions on the registration page, and completed all registration procedures, you are deemed as a user of the APP (hereinafter referred to as "User" or "you"). You are deemed to have read, agreed and reached an agreement with our company and agree to be bound by this Agreement and all the terms of the Hesheng Privacy Policy (collectively as "Platform Rules").
2.1 Your access and use of our APP, and services and features accessible for the Products through our APP are collectively referred to as the "Services". We give you permission and authorization to use the Services to control and monitor the Products.
2.2 The Services require you to have a user account in order to use the Services. You are responsible for the accuracy of your information (to set up your user account) and taking steps to keep your user account secure.
2.3 Service and Product Updates
2.3.1 We are always trying to improve the Services and the Products and may update them from time to time. We may update the Services by providing (bug) fixes or modifications, introduce new features or functionality, change or discontinue (temporary or permanently) any feature or functionality, component or content, impose limits on certain features or restrict access to parts or all of the Services. All of these updates and changes are referred to as "Updates".
2.3.2 In some cases, the Updates may cause older hardware devices, third-party services, software configurations or set-ups to no longer work with the Services, and you may be required to upgrade or change these devices, services, configurations or set-ups in order to continue using the Services.
2.3.3 Updates may occur automatically without additional notice or receiving any additional consent from you. We may also ask you to install Updates yourself, your failure to not install any Updates timely may expose you to certain security risks and will limit our ability to provide the Services to you.
2.4 Services are dependent on various third-party devices and services, including proper functioning of the Services relies on the transmission of data through third-party devices and service providers, including cellular network, your wi-fi network, enabled wireless devices (such as a smartphone or tablet) and broadband Internet access. We have no control over and is not responsible for any of these third-party devices and services, compatibility and proper configuration thereof with the Products and Services and related costs. If these devices or services are interrupted, delayed, refused or otherwise limited for any reason, it may result in the Services being unreliable or unavailable for the duration of the limitations.
2.5 In using the Services and Products, you must follow rules of conduct: (i) comply with applicable laws, including export control and sanctions, privacy and intellectual property rights;(ii) don't harm, interfere with, abuse or disrupt the Services.
3. Limited Liability Terms
3.1 Although we would like to make your experience of the Services as enjoyable as possible and as much faith as we have in the Services, we do not make any warranties, guarantees or commitments about the Services (including the content of the Services, the specific functions of the Services, or their availability, reliability or ability to meet your needs).
3.2 To the maximum extent permitted by applicable laws, we are not liable for any incidental, indirect, special or consequential damages or claims (including but not limited to damages for personal injury, privacy leakage, failure to perform any responsibility including good faith and reasonable care, negligence, and any monetary or other loss) arising from your use of the Services and Products.
3.3 We will endeavor reasonable efforts to verify and handle the complaints lodged by users, but does not guarantee that it can satisfy all requirements of the complainants. We have the right to determine whether to disclose contents of the complaint to the public or to the respondents. If the contents complained infringe the privacy, reputation and other legitimate rights and interests of users, all legal liabilities shall be borne by the complainants, and we shall not take any responsibility in this regard.
3.4 We shall not be liable for any direct, indirect, incidental, special or consequential damages caused by activities including improper use of online service, conducting transaction based on online information, illegal use of online service or releasing false information etc.
3.5 You agree to safeguard and protect the interest of us, and pay the attorneys' fee, damage compensation, penalty imposed by governmental authority and other infringement restitution due to your violation of this Agreement and/or other service terms.
4. Use of the Platform
4.1 You shall be liable for any act you conduct through the APP. If your actions have any defect of rights or violates any third-party's legal rights and interests and cause us and our affiliates to face any complaint, report, inquiry, claim or lawsuit, or are punished by relevant government authorities, or any loss in reputation, credit or property of our company and affiliates, you shall proactively take all possible measures to protect us and our affiliates from the above claims and lawsuits. In the meantime, you shall be fully liable for the direct and indirect economic losses suffered by our company and affiliates as a result thereof.
4.2 You shall not carry out any of the following actions while using the APP:
4.2.1 Rent, lend, retransmit or publish the contents or any derivative work in the APP;
4.2.2 Restore, decompile, disassemble, adapt or modify any program, image or file of the APP;
4.2.3 Use or permit any third party to use of any robot, crawler or other automatic download program, algorithm or device to continuously and automatically search, crawl, extract, deep-link, index or disrupt the operation of the APP;
4.2.4 Use third-party software, plug-ins or systems that are not developed or authorized by us to login or use our Service.
4.3 You shall timely inform us any security weakness or suspicious incident that you discovered, and shall not attempt to verify security weakness on your own.
4.4 If you cancel your account, we will permanently delete your account data from our servers within a reasonable period of time as required by laws and regulations. Such deletion is irreversible. After the deletion is completed, we will no longer be able to provide you with your account data.
5. Intellectual Property
5.1 Unless otherwise specified, the copyright, patent and other intellectual property rights of the APP are owned by us.
5.2 Any third party's products that are connected with our IoT service may bear logos and brands that belong to the third party. Without the prior written consent of us, you shall not remove, obscure or alter our copyright notice, trademark or other right notice, and shall also not display, use or dispose of our trademarks in any manner, or indicate that you have the right to display, use or dispose of our trademarks.
6. Provisions for the Use of Minor Users
6.1 If you are a minor user, please read this Agreement carefully under the company of your legal guardian. You and your legal guardian shall bear the liabilities specified by applicable laws and this Agreement. Once a minor user uses the APP, we deem such use has obtained consent or guidance of his/her legal guardian. If we have evidence to prove that you registered an APP account without the consent or guidance of your legal guardian but you are not an adult, we have the right to terminate our service to you. In addition, our products and/or services are not provided to children (as defined in your jurisdiction).
6.2 With respect to the protection of minors' personal information, we will strictly follow the methods and practice described in the Hesheng Privacy Policy.
7. Data (Including Personal Information) Protection
To regularly use the service of the APP, we need to collect relevant information from you. We always attach great importance to personal information security and will strictly protect your personal information in accordance with relevant laws and regulations. For more information on the protection of your personal information, please refer to the Hesheng Privacy Policy.
8.1 "Force Majeure" means any event beyond the reasonable control of us, unforeseeable or unavoidable, which hinders, affects or delays our performance of all or part of its obligations in accordance with this Agreement. Such events include but are not limited to changes in laws, regulations and/or enforcement environment, acts of governments, natural disasters, wars, hacker attacks, computer viruses, network failures etc. Force Majeure may result in adverse consequences such as no access to us, slow access speed, loss of stored data, breach of users' personal information, etc.
8.2 In the event of force majeure, we may suspend all Services to perform its obligations under this Agreement until the influence of the force majeure event eliminates, and we do not bear any liability of breaching of contract. Nevertheless, we will endeavor reasonable efforts to overcome such event and mitigate its negative impacts.
9. Notices
All notices sent by us will be sent by e-mail, APP notice or by posting at a highlighted position on the APP. We will deliver the message to you by one of the above methods, notifying you any amendment to this Agreement or any other important matters.
10.1 We may change, suspend or terminate the Services. You acknowledge and accept that we are entitled to change, suspend or terminate the Services without bearing any liability to you or third-party.
10.2 You understand that we may need to suspend part or all of the Services regularly or from time to time for maintenance, for upgrading the APP and relevant equipment or for other purposes. If the Services are interrupted in a reasonable period of time due to such circumstance, we shall not be held liable.
10.3 You agree that we could decide in our sole discretion that under circumstances including but not limited to: some functions that are unused for a long time, and the system determines they exceed the time limit for safe use; or we deems you have breached this Agreement, to terminate your account or the use of Services (or any part of the Services). In addition, you agree if your use of the service is interrupted or terminated, or your account, relevant information and documents are closed or cancelled, we shall not be held liable.
10.4 We reserve the right to determine whether your behavior complies with the requirements under this Agreement. If you materially breach your obligations, we have the right to terminate Services immediately without notice. In addition, either party may terminate this Agreement if the other party breaches any other provision of this Agreement and fails to cure such breach within ten (10) calendar days from receipt of the written notice from the non-breaching party.
10.5 If you object to any content of this Agreement or to any subsequent amendment to the Agreement, or you are not satisfied with us, you are entitled to stop using the APP and/or terminate Services by notice to us. While terminating the Services, your right to use the APP will be also immediately ceased and we will not have any obligation to you.
11. Dispute Resolution
11.1 The effectiveness, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws and regulations of the People's Republic of China.
11.2 Any dispute arising from the interpretation of this Agreement and your use of the APP shall be resolved through amicable negotiations. If parties cannot resolve the dispute through negotiations, the dispute shall be submitted to Beijing International Arbitration Centre for arbitration in accordance with its rules of arbitration in effect at the time of applying for arbitration. The seat of arbitration shall be Beijing.
12. Modification of Provisions and Amendment to Service
12.1 We shall have the right to modify the provisions when necessary. If you disagree with the modified contents, you shall immediately and voluntarily cancel the acquired Services. If you continue to use the Services, you shall be deemed as have accepting the modifications made to the provisions.
12.2 Besides direct amendments to this Agreement, any announcement, notice or warning made by our company in respect of the use of certain services by various means (including but not limited to e-mail and so on) shall be deemed as part of this Agreement. If you use such Services, you shall be deemed as have agreed to such announcement, notice or warning.
12.3 If you disagree with the modifications, you shall proactively stop using the APP or apply for account cancellation. Otherwise, if you continue to use your Account, you shall be deemed as have accepted all the modifications made to this Agreement.
13. Miscellaneous
13.1 Any failure by us to exercise or enforce any right or requirement of this Agreement shall not constitute a waiver of such right.
13.2 If any provision of this Agreement is invalid due to any inconsistency with applicable laws and regulations, all other provisions of this Agreement shall remain in full force and effect.
13.3 The headings in this Agreement are designed for convenience only and shall not have any legal or contractual effect.
13.4 The foregoing provisions constitute the entire agreement between the parties with respect to the use of the APP and shall supersede and preempt all prior or contemporaneous oral or written stipulations or agreements with respect to this matter.
13.5 If you have any questions or complaints concerning the provisions of this Agreement, please feel free to send email to hzwei0811@gmail.com