SwitchBot Kata Friends Companion Care Plan
User Agreement

This agreement is a valid contract concluded between the provider and operator of SwitchBot products/services (hereinafter referred to as "SwitchBot" or "we", including SWITCHBOT Co., Ltd., Wonderlabs Inc., and their parent companies, subsidiaries, or affiliated companies) and all entities (including but not limited to individuals, teams, etc., hereinafter referred to as "users") using the KATA Friends Companion Care function regarding the use of the KATA Friends Companion Care function and related services. This agreement applies to the KATA Friends Companion Care function (hereinafter referred to as "this function"), including the upgrades and updates of various services and software used by users during the term of this agreement. Using the KATA Friends Companion Care function signifies acceptance of all the terms of this agreement.
SwitchBot fully respects the protection of users' personal information. Therefore, please read the "KATA Friends Privacy Policy" to fully understand the relevant policies and procedures that the KATA Friends Companion Care function follows for collecting and using users' personal information.
Article 1: Service Content and Usage Notes
1.1 Based on the KATA Friends device, we provide users with software services including but not limited to the following:- Emotional Interaction: AI-driven voice interaction, emotional responses, and companionship interaction.- Behavior Simulation: Personalized expressions simulating pet behaviors (such as acting cute, playing, resting).- Remote Control and Viewing: Interact with KATA Friends remotely or check its status via the APP.
1.2 Fees and Payment
1.2.1 Depending on the actual situation (e.g., different countries or regions), the service packages we provide to users may vary. Users enjoy a 15-day free trial period starting from the date they first add a KATA Friends device within the APP. During this free trial period, we will not charge any fees. If the user chooses to return the product during or after the free trial period, we will not claim any fees for the free trial service already provided. The final interpretation right of the free trial service belongs to SwitchBot. SwitchBot has the right to modify or cancel the free trial service corresponding to the service packages at any time without the obligation to notify users in advance, but this will not affect users who have already started the free trial.
1.2.2 After the free trial period ends, if the user has not purchased any service package, the related functions will be automatically suspended. If the user needs to continue using this function, they must purchase the corresponding service package through the official SwitchBot website. After the user enters the redemption code for the service package in the APP and completes activation, they can resume using the related functions.
1.2.3 We provide the following three service packages for users to choose from. Users can purchase the corresponding service packages on the official SwitchBot website, and after entering the redemption code in the APP and completing activation, they can enjoy the respective benefits of the corresponding package:
(1) Essential Plan: Users enjoy the software services for the KATA Friends product during the validity period of the monthly or annual package they selected.
(2) Premium Plan: Based on the annual package they selected,users enjoy the software services for the KATA Friends product, plus after-sales benefits (e.g., fault repair, full device inspection, fur cleaning) during the validity period. Specific after-sales benefits are detailed on the service purchase page.
(3) Lifetime Access Plan: Users enjoy permanent usage rights for the software services, and after-sales benefits valid for 1 year from the date of the first activation of the redemption code. After this 1-year period, if the user wishes to continue enjoying after-sales benefits, they need to separately purchase and activate the Premium Plan (Lifetime Access Users Only).
The final interpretation right of the service packages belongs to SwitchBot. SwitchBot has the right to modify or cancel the service content corresponding to the service packages at any time without the obligation to notify users in advance, but this will not affect users who have already started using a service package.
1.2.4 During the current service cycle, users can purchase and redeem the service for the next cycle in advance. The new service cycle will automatically take effect after the current service cycle ends. Users need to complete the renewal purchase and redemption before the service cycle expires. If service is interrupted or functions become unavailable due to the user's failure to renew on time, the user shall bear the related responsibility.
1.2.5 Users understand that this service package only provides network services related to this function. Apart from this, the equipment related to the network services (such as personal computers, mobile phones, and other devices related to accessing the Internet or mobile network) and the required fees (such as telephone bills and Internet fees paid for accessing the Internet, mobile phone fees paid for using the mobile network) shall be borne by the user.
1.2.6 After the service package redemption code is activated, except as otherwise stipulated in this agreement or required by laws and regulations, we do not provide any refunds.
1.2.7 Each service package purchased by a user can only be used for one KATA Friends device bound to the user's account. If you have multiple KATA Friends devices, you need to purchase a corresponding number of service packages. Once bound, except for the "gifting" scenario explicitly permitted in Article 1.3 of this agreement, the service package cannot be transferred between different devices without our written consent.
1.3 Gifting and Transfer
1.3.1 Users can gift a KATA Friends product with this function activated to others as a gift.
1.3.2 In this case, the software services within the user's purchased package can be transferred along with the KATA Friends product, but cannot be split or partially transferred. Once the gifting process is completed, the original user will no longer enjoy any software services of this function.
Article 2: Ownership
2.1 The user agrees and acknowledges that SwitchBot or its licensors have all legal rights, title, and interests in this function (including but not limited to the graphics, user interfaces, scripts, software, and text used to perform this function) and any software provided to the user as part of or in connection with this function ("Software"), including any and all intellectual property rights therein, whether registered or not, and wherever in the world. The user further agrees that this function (including the Software and any other part thereof) contains proprietary and confidential information protected by applicable intellectual property laws and other laws (including but not limited to copyright laws). The user undertakes not to use such proprietary information or materials in any way except for the purpose of using this function in accordance with this agreement. No part of this function may be reproduced in any form or by any means except as expressly permitted by the terms of this agreement.
2.2 SwitchBot reserves complete and indivisible ownership and intellectual property rights over the following (information, materials, text, software, music, audio, photos, graphics, videos, user registration data, or other materials, hereinafter referred to as "Content"):
Except for content uploaded and disseminated by users themselves, this function and all its elements, including but not limited to all content, data, technology, software, code, user interface, and any derivative works related thereto.
Article 3: User Account and Service Activation
3.1 Users need to register an account to use all service functions. Users promise and guarantee that all registration information submitted is true and accurate, and will always ensure that all information is true and accurate.
3.2 Users bear all responsibility for the management and use of their account. Users should keep all account information (e.g., password and verification codes) strictly confidential. We are not responsible for any losses caused by the theft of the user's account or password due to the user's fault; additionally, the user shall be liable for any losses caused to us or any third party (if any).
3.3 Except for the "gifting" scenario explicitly permitted in Article 1.3 of this agreement, users shall not transfer, lend, rent, or share their account with any third party in any form. Any operations conducted through the user's account are deemed to be the user's own actions, and the user shall bear all resulting responsibilities.
Article 4: Commitments and Warranties
4.1 The user warrants that the content they upload to this function shall not directly or indirectly and is prohibited from:
4.1.1 Deleting, hiding, or altering any patent, copyright, trademark, or other ownership statements displayed on or contained in this function;
4.1.2 Interfering or attempting to interfere in any way with the normal operation of any part of this function or the SwitchBot website or App;
4.1.3 Bypassing, attempting to bypass, or claiming the ability to bypass any content protection mechanism or data measurement tools of this function;
4.1.4 Using, in writing or graphics, any registered or unregistered goods, service marks, company logos, URLs, or other marks originating from SwitchBot without prior written consent from SwitchBot;
4.1.5 Using any SwitchBot marks, including but not limited to using SwitchBot marks in a manner that tarnishes, weakens, or damages the rights of the owner of such marks, or grants any rights or permissions to oneself or others in violation of this agreement, unless designated in writing by SwitchBot;
4.1.6 Unauthorized impersonation of others to gain access to this function.
If the user violates any of the above warranties, SwitchBot has the right, depending on the circumstances, to issue a warning, restrict access, or disqualify the user; if this causes losses to other users, SwitchBot, or any of its partners, the user shall bear all legal liabilities and compensate for the losses.
4.2 The user commits:
4.2.1 To have obtained written authorization from the rights holder (if any) of the content uploaded, published, transmitted, or disseminated using this function, and warrant that they have sufficient, complete, flawless, and exclusive ownership and intellectual property rights to such content before submitting/uploading it to this APP;
4.2.2 That the uploaded, published, transmitted, or disseminated content does not contain any information that violates applicable laws, regulations, and policies;
4.2.3 Not to use this function for any illegal purpose; not to use this function in any form to infringe upon the commercial interests of SwitchBot, including but not limited to publishing commercial advertisements not permitted by SwitchBot; not to use this function to engage in any actions that may adversely affect the normal operation of the Internet or mobile networks;
4.2.4 The user shall not use this function to engage in the following activities:
(1) Entering computer information networks or using computer information network resources without permission;
(2) Deleting, modifying, or adding to computer information network functions without permission;
(3) Deleting, modifying, or adding to data and application programs stored, processed, or transmitted in computer information networks without permission;
(4) Intentionally creating or spreading destructive programs such as computer viruses;
(5) Other activities that endanger the security of computer information networks.
4.2.5 If SwitchBot discovers through notification, reporting, or other means that the user's behavior does not comply with the requirements of SwitchBot or the laws and regulations of the user's country/region, SwitchBot has the right to independently judge and immediately terminate the provision of part or all of the services without prior notice, and may require the user to correct it or directly take any measures deemed necessary by SwitchBot (including but not limited to changing or deleting user content, suspending or terminating the user's right to use this function) to mitigate the impact. If the user disseminates or spreads reactionary, pornographic, or other information that violates the laws and regulations of other countries or regions through this function, the system records of this function may serve as evidence of the user's violation of laws and regulations. The user shall bear all responsibility for any third-party claims or losses resulting from the user's actions.
Article 5: Intellectual Property Protection
If the content uploaded by the user allows other users to download, view, listen to, or otherwise access or distribute it, the user must ensure that the publication and related actions of such content comply with applicable intellectual property laws, regulations, and copyright policies, including but not limited to:
5.1 Upon receiving an infringement notice, the user shall immediately delete or disable access to the allegedly infringing content and simultaneously contact the person who delivered the notice to obtain detailed information;
5.2 The user acknowledges and agrees that SwitchBot will process qualified infringement notices from third parties in accordance with relevant laws and regulations, delete or disable access to the allegedly infringing content as required, and adopt and implement appropriate policies to prevent repeated infringement under corresponding conditions.
Article 6: Privacy Protection
6.1 SwitchBot fully respects the protection of users' personal information. SwitchBot's Privacy Policy and the "KATA Friends Privacy Policy" outline the relevant policies and procedures that the APP and this function follow for collecting, transmitting, using, and storing users' personal information.
6.2 SwitchBot will not disclose or provide to third parties the non-public content stored by users in this function, unless:
(1) Required by laws and regulations or legitimate service procedures;
(2) In emergency situations to safeguard the rights and interests of users and the public;
(3) To protect SwitchBot's intellectual property rights and other legitimate rights and interests;
(4) Other circumstances where disclosure, editing, or revelation of personal information is required by law.
Article 7: Disclaimer
7.1 Given the nature of this function as a network service and its particularity, the user agrees and understands that when encountering network failures not intentionally caused by SwitchBot, part or all of the services may be changed, interrupted, or terminated; once SwitchBot discovers and verifies a network failure, it will notify users in advance as much as possible, but SwitchBot does not need to bear any responsibility towards any user or third party for this.
7.2 This function requires regular or irregular inspection or maintenance of the platform providing the network services or related equipment. If this causes service interruption within a reasonable time, SwitchBot shall not be held responsible, but will endeavor to provide prior notice.
7.3 Disputes or losses caused by the user authorizing a third party (including third-party applications) to access/use their content in this function shall be the user's own responsibility and have nothing to do with SwitchBot.
7.4 The following matters (but not limited to these) cannot be attributed to SwitchBot's responsibility, and SwitchBot shall not bear legal liability for damages caused to users as a result:
(1) Implementation of planned maintenance;
(2) Natural disasters such as earthquakes, typhoons, floods, storms, occurrence of infectious diseases, war, civil unrest, riots;
(3) Orders from administrative or judicial authorities;
(4) Malfunction of the user's own equipment;
(5) Defects in the client environment;
(6) Failures in the settings implemented by the user for this service environment, computers, etc.;
(7) Network line failures connecting to the cloud service;
(8) Improper operation by the user;
(9) Third-party attacks and cheating.
7.5 This function is designed to provide companionship and emotional comfort and cannot replace professional medical, psychological therapy, or pet care services.
Article 8: Miscellaneous
8.1 The final interpretation right of this agreement belongs to SwitchBot.
8.2 This agreement takes effect upon publication. SwitchBot has the right to modify the content of the agreement at any time, and the modified version will be published on the SwitchBot website or App. If the user disagrees with the modifications, the user has the right to stop using this function; continued use will be deemed as acceptance of the modifications.
8.3 All notices to users under this agreement can be made through (but not limited to) announcements, emails, etc.; such notices are deemed delivered on the date of sending.
8.4 This agreement constitutes the entire agreement between the parties regarding the matters stipulated herein and other related matters. Except as provided in this agreement, it does not grant other rights to the parties of this agreement.
8.5 If any term of this agreement is or becomes wholly or partially invalid or unenforceable for any reason, the remaining terms of this agreement shall remain in full force and effect and binding upon the parties.