Published date: April 30, 2024
Effective date: April 30, 2024
Welcome to HeroEE!
HeroEE products and services (“Services”, “Platform Services” or “HeroEE”), including HeroEE Application (“App”) and HeroEE website, are provided by Shenzhen Hithium Energy Affirmative Hero Technology Co. (“we” or “us”), offering browsing products, business inquiring, binding, management, and for the terminal energy storage devices.
HeroEE hereby reminds you to carefully read and fully understand this “HeroEE User Service Agreement” (“this Agreement”). Please carefully read and fully understand the content of each clause, especially the clauses of exemption or limitation of liability, and governing law and dispute resolution clauses. If you have any questions about this Agreement, you can enquire about customer service at +86 0592-6050365.
IF YOU ARE A MINOR UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE, PLEASE DO NOT REGISTER OR PROVIDE US WITH ANY PERSONAL INFORMATION ON YOUR OWN; YOUR REGISTRATION, LOGIN, AND USE OF SERVICES MUST BE DONE WITH THE CONSENT OF YOUR PARENTS OR LEGAL GUARDIANS.
YOUR ACCESS, BROWSING, AND/OR USE OF THE “HERO EE” WEBSITE SIGNIFIES YOUR AGREEMENT TO ACCEPT THIS AGREEMENT. BY READING AND AGREEING TO THIS AGREEMENT AND COMPLETING THE ENTIRE REGISTRATION PROCESS OF THE “HERO EE” APP, YOU HAVE FULLY READ, UNDERSTOOD AND ACCEPTED THESE TERMS AND AGREE TO BE BOUND BY THIS AGREEMENT AND OTHER AGREEMENTS AND RULES RELATED TO THE SERVICES (INCLUDING BUT NOT LIMITED TO THE HERO EE PRIVACY POLICY) AS A PARTY TO THIS AGREEMENT, BECOMING A USER OF HERO EE SERVICES.
1. Scope and Update of This Agreement
1.1 Contracting Parties
This Agreement is a valid and binding contract entered into by and between Shenzhen Hithium Energy Affirmative Hero Technology Co., the operator of HeroEE and the user (“you”). This Agreement only apply to the Services and do not apply to any other applications or products provided by us, or to third-party applications or products to which the Services may link.
1.2 Scope of this Agreement
In addition to the terms set forth in this Agreement, any other terms and conditions that we post or make available through our Services, or otherwise make available to you, apply to your use of our Services, and are incorporated into and made a part of this Agreement. These additional terms include but are not limited to the following:
a) (the “Privacy Policy”);
b) any consent or authorization you sign in connection with your use of our Services.
1.3 Update of this Agreement
Without prejudice to your rights under applicable law, we reserve the right to amend, replace or add any terms of this Agreement (including but not limited to amendments, replacements and additions reflecting technological or functional advancements, legal and regulatory changes or good business practices). If it is necessary for us to amend, replace or add any terms of this Agreement, we will notify you by any reasonable means, including but not limited to posting the new version of this Agreement with an updated effective date on the Services. You agree to be bound by the effective version of this Agreement including all such amendments, replacements, and additions by continuing to use the Services. In the case that the aforementioned amendments, replacements and additions of this Agreement consist of material change to your lawful right and interest or to our obligation regarding your use of the Services, we would obtain your consent to this Agreement by reasonable means.
If you disagree with such amendments, replacements, or additions, or are dissatisfied with the updated Services, you have the right to discontinue using the Services.
2. Account Registration and Use
2.1 User Qualifications
YOU ACKNOWLEDGE THAT YOU SHALL BE A NATURAL PERSON WITH FULL CAPACITY FOR CIVIL CONDUCT WHEN YOU START TO REGISTER, LOGIN AND ACTUALLY USE OUR PLATFORM SERVICES. IF YOU DO NOT HAVE THE AFOREMENTIONED QUALIFICATIONS, YOU AND YOUR GUARDIAN SHALL BEAR ALL THE CONSEQUENCES CAUSED BY THIS IN ACCORDANCE WITH THE LAWS AND REGULATIONS. IN PARTICULAR, YOU MAY NOT REGISTER WITH OUR PLATFORM SERVICES IF YOU ARE UNDER 18 YEARS OF AGE (BY USING OUR PLATFORM SERVICES OR AGREEING TO THIS AGREEMENT, YOU WARRANT AND REPRESENT TO US THAT YOU ARE AT LEAST 18 YEARS OF AGE).
2.2 Register an Account
Before using HeroEE App, you must first register and obtain the account provided by HeroEE. You undertake and guarantee that:
a) The user information you fill out is true, accurate, complete, and timely, and it is ensured that HeroEE can contact you via the contact details you provide.
b) If the data or information you provide contains incorrect or untrue information, HeroEE reserves the right to cancel your qualification for account registration, suspend or terminate the service to you.
c) You are responsible for your HeroEE account. Your HeroEE account can only be used by you. Without the consent of HeroEE, this account shall not be transferred, used as a gift or bequeathed. Otherwise, HeroEE has the right to recover the said account.
d) You should accurately fill out and update the contact details such as email address, contact number, so that HeroEE can contact you. You should solely bear any losses or additional costs you incur when using Services if you cannot be contacted through these contact methods. You understand and agree that you are obliged to maintain the validity of the contact details you provide. If any change needs to be updated, you should perform the update in accordance with the requirements of HeroEE.
2.3 Responsibility for Account
a) HeroEE identifies your instructions through your username and password. Please keep safe your username and password. You must assume full responsibility for keeping confidential your password and account. You need to assume full responsibility for all activities that take place under your account. The loss caused by the disclosed password or forgotten username shall be borne solely by you. At no time can you use another person’s account without the consent of the account holder. You shall assume the corresponding responsibility for the losses incurred by HeroEE or a third party due to other people’s use of your account or due to your use of other people’s account.
b) If you are aware that anyone fraudulently uses or steals your account and password or makes any other unauthorized use or has any other acts of endangering security, you should immediately notify HeroEE in a valid manner and request HeroEE to suspend related Services. At the same time, you understand that it requires a reasonable time limit for HeroEE to take action according to your request. Prior to this, HeroEE does not assume any liability for the executed instructions and the losses caused to you.
2.4 Age Verification
You understand and undertake that, pursuant to applicable legal requirements, HeroEE may require you to complete an age verification process before registering for a HeroEE account. Please provide accurate age information, and only after successfully completing the age verification may you register an account and utilize the HeroEE Services.
2.5 Account Cancellation
You have the right to decide to cease using HeroEE Services and cancel your HeroEE account. When you need to terminate the use of our Services, you can apply for cancellation of your account by “HeroEE App-Personal Homepage-Settings-Account and Security-Delete Account”, or contact us using the methods stated in this Agreement, and follow the prompts accordingly to cancel.
2.6 Legal Claims
You understand and agree that HeroEE has the right to know the real background and purpose of your use of Services provided in this application, and to require you to provide true, complete, and accurate information truthfully. If HeroEE has reasonable doubts that the information provided by you is not true, and that the transaction done by you is false or your behaviors violate the service rules of HeroEE, HeroEE shall have the right to restrict temporarily or permanently functions, in part or whole, of all Services you use with your account.
3. Platform Services
You have the right to enjoy browsing products, business inquiring, managing services for terminal energy storage devices, and other services provided by HeroEE. For specific details, you can log in to HeroEE and query as needed.
3.1 Product and Service Introduction, Business Contact
You can browse our products and services in HeroEE, learn more about the details of our products and services, and you can also choose to contact us for business purposes. You can contact us through HeroEE, leave us a message, inquire about business information, submit purchase intentions, or hope that we respond to your questions.
3.2 Management of Terminal Energy Storage Devices
a) You can bind terminal energy storage devices through HeroEE to view device data and status such as timed electricity use, charging, generation, electricity consumption details, and future forecast references. Please understand that the binding with terminal energy storage devices is subject to limitations such as changes in actual scenarios, device models, and device performance, and may not be able to achieve the intended purpose in full accordance with your wishes. If you have any questions during use, please contact HeroEE customer service for assistance.
b) You understand and agree that the management of terminal energy storage devices is provided by HeroEE based on existing technology and cannot completely avoid potential technical risks or shortcomings that may cause service differences. You should evaluate and judge the impact of these services on yourself. You promise not to require HeroEE to bear any compensation responsibility for not achieving the purpose of the service.
3.3 Mall
4. Content and Conduct
4.1 Your Content
In this Agreement, “content” means any information that may be generated or encountered through use of the Services. “Your content” means all the information, materials, feedback, opinions, and comments that you provide to us.
a) Your content, and the use of your content by us in accordance with this Agreement, must be accurate, complete and truthful.
b) Your content must be appropriate and civil, and accord with generally accepted standards of etiquette and behavior on the internet.
c) Your content must not be illegal or unlawful, infringe any person’s legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
4.2 Your Conduct
You agree that you will NOT:
a) use HeroEE in any way or take any action that causes, or may cause, damage to HeroEE or impairment of the performance, availability, accessibility, integrity or security of HeroEE;
b) use HeroEE in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
c) hack or otherwise tamper with HeroEE;
d) probe, scan or test the vulnerability of HeroEE without our permission;
e) circumvent any authentication or security systems or processes on or relating to HeroEE;
f) use HeroEE to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
g) impose an unreasonably large load on HeroEE resources (including bandwidth, storage capacity and processing capacity);
h) decrypt or decipher any communications sent by or to HeroEE without our permission;
i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to HeroEE without our express written consent;
j) access or otherwise interact with HeroEE using any robot, spider or other automated means;
k) use HeroEE except by means of our public interfaces;
l) violate the directives set out in the robots.txt file for HeroEE;
m) use data collected from HeroEE for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
n) do anything that interferes with the normal use of HeroEE.
5. Availability
We will use reasonable efforts to make the Services available 24 hours a day, 7 days a week. However, we cannot guarantee this and take no responsibility for any loss or damage that occurs due to an interruption of access to the Services. We may interrupt the Services for maintenance reasons and will endeavor to provide reasonable notice of such planned events.
6. Intellectual Property Rights Statement
6.1 The intellectual property rights of the content (including but not limited to software, technology, programs, web pages, text, pictures, images, audio, video, graphics, layout, electronic documents, etc.) provided by us in our Services belong to us. The copyrights, patents, and other intellectual property rights of the software on which we provide our Platform Services are owned by us. No one may use (including but not limited to monitoring, copying, transmitting, displaying, mirroring, uploading, downloading) the content of our Services without our permission, through any robot, "spider" or other program or device.
6.2 We provide technical support for the development and operation of our Services and have all rights to all data and information generated in the course of the development and operation of our Services to the extent permitted by laws and regulations.
6.3 Please do not use any of our trademarks, service marks, trade names, domain names, App name or other distinctive brand features, including but not limited to "HeroEE" (hereinafter collectively referred to as "Marks"), under any circumstances. You may not display, use, or apply for registration of a trademark, domain name, etc., in any manner, either alone or in combination with the Marks described herein, nor may you do anything that expressly or impliedly entitles you to display, use, or otherwise deal with such Marks without our prior written consent. If you use our trademarks or logos in violation of this Agreement in a manner that causes damage to us or others, you shall bear full legal responsibility.
6.4 You have the right to choose whether to agree to our sending you commercial information, such as product advertisements and promotional offers, via the mobile number or email address you provided during registration. If you do not wish to receive such information, you have the right to unsubscribe by choosing to turn off direct marketing on the "HeroEE" - "Settings" page, or contact us using the methods stated in this Agreement.
6.5 You represent and warrant that your use of our HeroEE complies and will comply with the provisions of applicable laws and regulations. In any case, once we reasonably believe that your behavior may violate the above-mentioned laws and regulations, we may take the relevant default handling measures in section “Liability for Breach of Contract” at any time and without prior notice.
6.6 Without the written consent of us or relevant obliges, you may not implement, utilize, or transfer the above-mentioned intellectual property rights for any commercial or non-commercial purpose by yourself or by any third party.
7. Termination
7.1 Termination Circumstances
You have the right to terminate this Agreement in any of the following ways:
a) When the conditions for account cancellation on the HeroEE platform are met, you proactively cancel your account; or
b) Before the effective date of any Amendment, you cease using the Services and explicitly express your unwillingness to accept the Amendment.
7.2 We may, after notifying you, terminate this Agreement if any of the following occurs:
a) You commit actions such as stealing another’s account, spreading forbidden information, defrauding others of their property, seeking unfair advantages, infringing on the legal rights and interests of others, or engaging in other illegal or breaching activities;
b) You violate laws or regulations or the terms of this Agreement, and we decide to seal or freeze your account;
c) We seal or freeze your account as required by administrative or judicial authorities;
d) Other circumstances arise that warrant termination of Services.
7.3 Post-Termination Processing
a) After the termination of this Agreement, we will handle your information in HeroEE in accordance with applicable laws and the HeroEE Privacy Policy.
b) After the termination of this Agreement, HeroEE still retains the right to hold you liable for any past breaches or torts in accordance with this Agreement.
8. Protection of Users’ Personal Information
8.1 WE ATTACH GREAT IMPORTANCE TO THE PROTECTION OF USERS' PERSONAL INFORMATION. WHEN WE PROVIDE SERVICES TO USERS THROUGH OUR PLATFORM, WE WILL COLLECT, STORE, USE, SHARE, TRANSFER, PUBLICLY DISCLOSE, PROTECT AND MANAGE USERS' INFORMATION AND PRIVACY IN ACCORDANCE WITH THE RELEVANT LAWS AND REGULATIONS. OUR PRIVACY POLICY IS SPECIFIED IN . USERS AGREE TO CAREFULLY READ AND FULLY UNDERSTAND AND ACCEPT THE PRIVACY POLICY AND AGREE THAT THE PRIVACY POLICY IS AN IMPORTANT PART OF THIS AGREEMENT. WE WILL CEASE TO CONTINUE COLLECTING PERSONAL INFORMATION ACTIVITIES WHEN WE CEASE TO OPERATE THE APP.
8.2 We will not disclose your personal information to any company, organization, or individual outside of us without your consent, except as otherwise provided by law or regulation.
9. Liability for Breach of Contract
9.1 Both parties shall jointly comply with this Agreement, and if one party breaches the Agreement and causes damage to the other party, the breaching party shall compensate the defending party for the damage.
9.2 Unless otherwise agreed by both parties, if the User breaches any of the obligations, promises, guarantees, etc. in this Agreement, we shall have the right to take one or more of the following measures to deal with the breach at any time concerning the circumstances of the breach, in particular the damage caused to us or the relevant third party.
a) In case you violate this Agreement or other terms of service, we have the right to take measures such as advanced warning, restriction of part or all of the account features until termination of the provision of Services, permanent closure of an account, etc., at our independent judgment and as appropriate, for which you are unable to use your account and related Services normally and We shall not be responsible for any consequences such as not being able to access the relevant rights and interests in your account normally. We have the right to announce the results of the processing and decide whether to restore the use of the relevant account according to the actual situation. We will keep records of suspected violations of laws and regulations and suspected illegal and criminal acts, and have the right to report to relevant authorities, cooperate with relevant authorities in investigations, and report to relevant authorities, etc. We have the right not to restore the deleted content.
b) If you violate the provisions of this Agreement or other terms of service, resulting in complaints or litigation claims from third parties, you shall deal with them yourself and bear all legal responsibilities that may arise from them. If we, our affiliates, control companies or successor companies pay compensation to any third party or suffer punishment from relevant authorities as a result of your illegal or breach of contract, etc., you shall also fully compensate us, our affiliates, control companies or successor companies for all the losses suffered as a result.
c) We respect and protect your and others’ legal rights and interests such as intellectual property rights, reputation, name rights and privacy. You guarantee that the text, pictures, videos, audio, links, etc. uploaded while using our Platform Services do not infringe on the intellectual property rights, reputation, name rights, privacy and other legal rights and interests of any third party. Otherwise, we have the right to remove the allegedly infringing content if we are notified by the proprietor or the relevant party. If we, our affiliates, controlled companies, or successor companies suffer losses (including but not limited to economic and goodwill losses) as a result of your infringement, you shall also fully compensate us, our affiliates, control companies or successor companies for all losses suffered.
10. Disclaimer of Warranties
10.1 To the extent permitted by applicable law, our Services disclaims all warranties of any kind, express or implied, including warranties of title, warranties of fitness for a particular purpose.
10.2 To the maximum extent permitted by applicable law, you expressly acknowledge and agree that your use of our Services is at your sole risk and responsibility.
10.3 We will not be liable to you for any loss or damage of any nature, including in respect of:
a) any losses occasioned by any interruption or dysfunction to HeroEE;
b) any losses arising out of any event or events beyond our reasonable control (including without limitation industrial disputes, war, natural disaster, terrorism, explosion, force majeure, or other events beyond our control);
c) any business losses, including without limitation loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
d) any loss or corruption of any data, database or software; or
e) any special, indirect or consequential loss or damage.
10.4 Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, liabilities, and damages, so the above disclaimers, exclusions and limitations may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by applicable law. Nothing in this Agreement shall affect your legal rights as a consumer, nor can such rights be varied or waived by you by agreeing to this Agreement.
11. General
11.1 Notices
We may deliver notices to you through App messages, system notifications, pop-up alerts, or any other means, and you agree to receive and accept such notices. The various notices delivered to you by us through the aforementioned methods may have significant impacts on your rights and obligations. Please be sure to pay attention to them in a timely manner.
If you have any questions about this Agreement, please do not hesitate to contact us.
Email us at: heroee@hithium.com
Call us: +86 0592-6050365
Or write to us at: 604, Block B, National Engineering Laboratory Building, No. 20 Gaoxin Nanqi Road, Nanshan District, Shenzhen, Guangdong, China
11.2 Governing Law
a) If you reside in South Africa, Nigeria, or Kenya, this Agreement and any actions related thereto shall be governed by the laws of the country in which you reside. In the event of a dispute, the competent court in your country shall have jurisdiction.
b) If any provision of this Agreement is deemed to be invalid, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of this Agreement.
11.3 Entire Agreement
This Agreement constitutes the entire agreement between you and HeroEE, governs your use of the Services and completely replaces any prior agreements between you and HeroEE in relation to the Services. You may also be subject to additional terms and conditions that may apply when you use affiliate Services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of HeroEE to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.