Welcome to Tuya!
The Tuya Terms of Use (hereinafter referred to as "the Terms") govern the relationship and serve as an agreement between you and Hangzhou Tuya Information Technology Co., Ltd. and its affiliates (“Tuya”, “we”, “our” or “us”). The Terms set forth the terms and conditions by which you may access and use our software, services, applications, products and content (collectively, the “Services”).
In case of changes to the Terms, we will notify you in the Licensed Software by message to you. Upon notification, the changes are automatically incorporated as a part of the Terms without further notice. If you object to any such changes, please stop your use of the Services; continued usage of the Services will be deemed as agreement to the changes and being bound by them.
I. Definitions of Terms
1.1 “Licensed Software” or “Tuya” refers to the “Tuya” mobile App software, including related systems, the Services and applications, developed and licensed by Tuya, which can be downloaded, installed and used on mobile terminals.
II. Services
2.1 Tuya offers you smart home devices control and management services, by which you can access and manage smart devices on Tuya, utilize smart features, and achieve interlinkage of smart devices via our smart IoT platform. The Services offered via Tuya include smart device controls, device management, scene interlinkage, and certain value-added services. Additionally, you may customize or modify specific functions of the Services according to personalized needs.
2.2 Please understand that the Services may be subject to temporary unavailability or suspension due to maintenance or other reasons from time to time, with or without notice.
2.3 Please note that the Licensed Software may be updated from time to time in our discretion, which may be provided either automatically or manually. If you refuse to install the updated version of the Licensed Software, Tuya and part or all of the Services may not function normally. All such updates will constitute part of the Licensed Software and therefore, subject to the Terms, unless otherwise notified. You agree that there is no guarantee that any such updates will be provided, or that they will remain available or continue to function in connection with your devices or systems.
III. Scope of Service
3.1 Tuya grants you with a limited, revocable, non-transferable, non-exclusive and non-sublicensable right to use the Licensed Software in accordance with the Terms.
3.2 In order to use the Licensed Software and the Services, you may need to register a Tuya account. You shall accurately provide and timely update your account information to ensure that such information is and will be authentic, complete and accurate. Certain products or services may require further identify information for further identity authentication or qualification, and you may use such products or services only after your Tuya account passes the authentication or qualification. For more information, please refer to the Tuya Privacy Policy.
3.3 Please note that the Services are only provided for private, non-commercial use. Any use of the Licensed Software for any commercial purpose, or any license, sale, lease, transfer, or offer of the Services in any form are strictly prohibited. If such commercial operation is necessary, you shall first obtain prior written authorization and permission from Tuya.
3.4 Due to limitations on applicable platforms and mobile terminals, you may use the Licensed Software only on authorized system platforms and terminals; if you install the Licensed Software on other terminals, it may not function properly or even may impact other functions of the hardware or software.
3.5 Tuya and/or its service providers may change, upgrade or transfer the Licensed Software or its relevant functions from time to time, and may add new functions or services to the Licensed Software. If no separate agreements are accompanied with the aforesaid new functions or services, you may use the corresponding functions and services, which is also subject to the Terms.
3.6 You shall be responsible for the accuracy, reliability, integrity and legality of data inputs in the Licensed Software, and shall ensure the lawfulness of your data and the way in which you obtain such data. You are advised to back up all your data from time to time. You shall bear all risks for damage and loss of such data.
3.7 You shall properly maintain security of your account number and password. In case of any safety loophole that may affect your Tuya account (including but not limited to divulgence of user password), please notify Tuya immediately, and we will assist you in taking relevant measures. Otherwise, all user acts related to your Tuya account shall be assumed by you and you will be solely liable for such acts.
IV. Third-Party Services
4.1 You acknowledge that some of the Services are based on software or services provided by a third party. Such third-party services are offered for convenience for your use of certain Services, and are subject to necessary legal authorization from the third party.
4.2 You understand that Tuya and its affiliates neither control nor bear any responsibility for information and services of such third parties. We are not liable for any damages or losses arising from your use of such third-party services. Nor do we guarantee their quality, reliability or suitability. You shall comply with any terms and conditions applicable to such third-party services.
4.3 You acknowledge that we cannot guarantee that the Licensed Software will at all times provide or incorporate such third-party services, or that other services provided by the same third parties will be available in the future. Likewise, the Licensed Software may incorporate similar services of other third parties. Your use of the aforesaid third-party services via Tuya are subject to the Terms.
V. Use of the Services
Your use of the Licensed Software and the Services shall be subject to the following limitations:
5.1 You shall not at any time:
1) publish, disseminate or otherwise share computer virus, worms, malicious codes, or software that deliberately damages or changes computer system or data;
2) collect or process information or data of other users without authorization, for example, email address and the like;
3) use the Licensed Software or the Services in an automated way that may cause overload to our servers, or interfere with or damage web server and network links in other forms;
4) attempt to visit server data or communication data of the product without authorization;
5) interfere with or impact the use of the Licensed Software or the Services by other users.
5.2 You understand and agree that:
1) Tuya will determine whether or not you are involved in any violations set forth above, and suspend or terminate your application license according to determination results or take other restrictions according to agreements.
2) Tuya may directly delete, remove or invalidate any information in breach of laws, or infringing upon others' legitimate rights, or in breach of the Terms issued by you when using the Licensed Software.
3) If a third party suffers from any damages due to your breach hereof, you shall be solely liable to such third party, and you agree to defend and indemnify Tuya against any losses or additional expenses incurred as a result thereof.
5.3 You agree and warrant that you will not conduct any act in breach of laws or improper behaviors by using the Services.
VI. Intellectual Property Rights
6.1 All intellectual property rights in or to Tuya and any Services (including any future updates, upgrades and new versions), will continue to belong to us and our licensors.
6.2 Save as expressly set forth herein, Tuya does not grant to you any right to use any intellectual property rights, including our trademarks or product names, logos, domain names or other distinctive brand features, without our prior written consent.
6.3 Any comments or feedback provided by you regarding Tuya are entirely voluntary; you agree that we may freely use such contents at our discretion (including using such comments to improve existing services or create new services) without any payment or other obligation to you.
6.4 To the extent permitted by applicable law, you may not copy, modify, create derivative works, reverse compile, reverse engineer or extract source codes from the Licensed Software, and you may not sell, distribute, redistribute or sublicense the Licensed Software or any Services, without our prior written consent.
VII. Privacy
7.1 At Tuya, we understand and value your privacy, and it is crucial for us to protect your personal information. We have published the Tuya Privacy Policy (the “Privacy Policy”), which includes contents related to ownership and protection of intellectual property, collection, use, share, storage and protection, etc. of your personal information. We strongly recommend you to thoroughly read the Privacy Policy, which is incorporated as part of the Terms by reference.
VIII. Exception Clauses
8.1 Unless otherwise specified in laws and regulations, Tuya will exercise reasonable care and efforts to deliver to you the Licensed Software and the Services.
8.2 EXCEPT FOR THE FOREGOING, Tuya AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER TUYA NOR ANY OF OUR AFFILIATES MAKE ANY REPRESENTATION OR WARRANTY IN RELATION TO Tuya OR THE SERVICES, OR ANY CONTENT, DATA OR INFORMATION CONTAINED THEREIN.
8.4 The development and release of any Licensed Software-derived software not developed and released by Tuya are unauthorized and expressly disclaimed. Please note that any download, installation or use of such software may cause unpredictable risks.
8.5 The usage of the Licensed Software, the Services and any other related services of Tuya may involve internet-based services, and you will need internet access and connection for using the Licensed Software and our Services. Otherwise, they may become unavailable to you. You are responsible for any third-party charges you incur (including any charges from your internet and telecom services providers) in relation to or arising from your use.
IX. Agreement Termination and Breach of Agreement
9.1 You understand that you shall use the Licensed Software according to authorized scope and purpose, and comply with the Terms regarding, without limitation, intellectual property rights, use of Services, and duly observe the Terms when using the Licensed Software and the Services. Tuya may terminate the Services provided to you and/or your license to use Tuya if you are in material breach of any of the Terms. In this case, you shall stop using the Licensed Software and destroy all copies of it, and you agree to indemnify Tuya, its affiliates and/or other users against any loss, damages, costs and liabilities resulting from or related to such breach.
9.2 Your use of the software may be dependent on Services provided by Tuya's affiliates. In case of your breach of the Terms or other agreements with Tuya or our affiliates, we may, either by ourselves or via such affiliates, take certain restrictive measures, including suspension or termination of part or whole of the related Services to you, without liability.
9.3 You agree to use the Licensed Software in accordance with related rules and regulations imposed by operators of corresponding App market or platform, system platform, and smart terminals on use and restrictions of the Licensed Software. If such operators confirm that you are in breach of your agreement with them and requires our assistance or cooperation, Tuya may terminate your application license upon their request.
X. Scope and Limitation of liability
10.1. You understand and agree that you shall undertake the claims of any third party resulting from your use of the Services, any violation of the Terms or any action which takes place under your Tuya account. If any third party brings any claim against Tuya, its affiliates, employees, customers or partners for this reason, you shall undertake and indemnify Tuya against all the losses and liabilities incurred therefrom.
10.2. To the extent permitted by applicable laws, Tuya is not liable for any indirect, punitive, special or derived loss associated with or arising from the Terms.
10.3. During your use of the Services, you shall abide by applicable laws and regulations and shall not use any of the Services to engage in activities that infringe others’ reputation, privacy, intellectual property or other legitimate rights and interests. We assume no responsibility for your illegal act or default during the use of the Services.
XI. Governing Laws and Severability
11.1 Effectiveness, explanation, change, execution and dispute settlement of the Terms are subject to laws of China.
11.2 Any dispute, controversy, difference or claim arising out of or relating to the Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to them, shall be submitted to the court of competent jurisdiction located in Tuya's place of residence.
11.3 If any term of the Terms is judged to be invalid by competent venue, it will not influence the effectiveness of other terms or any other part hereof, and you and Tuya shall perform the valid terms in good faith.
XII. Others
12.1. Tuya may send you notices regarding Tuya via in-App messages, e-mail, text message, telephone call, etc., Please ensure the accuracy and current validity of your contact information submitted to us; the above notices are deemed to have been delivered upon successful delivery.
12.2 You agree that Tuya may transfer all or part of its rights and obligations under the Terms to an affiliate, which may or may be without notice to you.
12.3 Unless otherwise agreed, for provision of professional services, Tuya may also commission its affiliate or other legal entities to provide certain or all of the Services. In this case, you may conclude relevant terms or conditions with the above company, and you shall carefully read and understand such terms and conditions before choosing to accept them or not.
XIII AI Service
To enhance user experience, the Licensed Software may provide you with artificial intelligence services (“AI Service”) including, but not limited to, AI energy saving, AI dimming, and AI note, or deliver generative artificial intelligence services to you via “Hey Tuya” AI Assistant. If you use any of these services, you shall pay special attention to and agree with the provisions of this Clause. Should you have any objection to the contents of this Clause, you must cease using such services immediately, continued usage of the Services will be deemed as agreement to the changes and being bound by them.
13.1 This Service is primarily intended for adults. If you are under the age of 18, please read and fully understand this Agreement carefully in the presence of your legal guardian, and use the Software and related Services only after obtaining the consent of your legal guardian. Tuya attaches great importance to the protection of minors' personal information. When filling in personal information, minor users should enhance their awareness of personal information protection, act with prudence, and use the Software and related Services correctly under the guidance and with the consent of their guardians. To better protect the privacy rights and interests of minors, Tuya reminds you to strictly comply with relevant laws and regulations, and exercise caution when publishing content that includes minor-related materials. Once such content is published, it shall be deemed that you have obtained the consent of the right holder to display the portraits, voices, and other information of minors in the Software and related Services, and that you permit Tuya to use and process such minor-related content in accordance with this Agreement. Minor users and their guardians understand and confirm that if you violate laws and regulations or the provisions of this Agreement, you and your guardian shall bear all corresponding legal liabilities in accordance with the law.
13.2 You explicitly acknowledge and confirm that this Service relies on generative artificial intelligence models and may also rely on other models and services to provide you with AI-generated technical services and other related services. Content generated by this Service is provided for your reference only. You shall not use the output content as professional advice, for commercial purposes, or for any other unauthorized purposes. In situations where the content may have a material impact on you or relevant parties (e.g., scenarios or purposes related to medical care, investment, law, food safety, etc.), it is recommended that you consult relevant professionals. Outputs of this Service do not constitute any academic opinion, nor can they be used as any form of advice or commitment. They shall not serve as the basis for any of your subsequent actions or inactions, and they are by no means a substitute for the advice or opinions of professionals in relevant fields. You acknowledge that content output by this Service is compiled by the model based on its natural language understanding capabilities, using user input and information from search sources. Such content may contain errors or omissions, and Tuya makes no warranties whatsoever regarding the accuracy, completeness, or functionality of the output content. Even if search sources are cited, the output content may still be inaccurate; it is provided for reference only and does not imply that the Software endorses or agrees with any positions or views expressed in the linked webpages, nor does it guarantee the authenticity, accuracy, or reliability of the content in such links (in particular, you shall independently verify numerical data, time information, and all factual statements before making any judgments).
13.3 You shall be solely responsible for all consequences and liabilities arising from any judgments made or subsequent actions taken by you based on the content output by this Service. This includes risks resulting from your reliance on the authenticity, accuracy, reliability, non-infringement status, or fitness for a particular purpose of the output content, as well as risks arising from the use of output content for commercial purposes. You shall understand and use generative artificial intelligence technology in a scientific, rational, and compliant manner. Tuya shall not be liable for any direct, indirect, incidental, special, or exemplary damages, losses, liabilities, or other adverse consequences incurred by you or any third party arising from your use of this Service.
13.4 When using any specific function of this Service, there may be separate rules or agreements ("Specific Agreements") governing that particular function. You shall carefully read and fully understand the relevant Specific Agreements before using such specific function.
13.5 To continuously improve user experience and service quality, or for the purpose of security protection, Tuya may from time to time update or modify part or all of the Software and related Services (including but not limited to software/service modifications, upgrades, replacements, function enhancements, development of new services, etc.). Tuya will notify you of such changes in an appropriate manner whenever feasible.
13.6 Tuya attaches great importance to the quality of AI-generated content and shall endeavor to take reasonable security measures to filter inappropriate content. You shall not use the Software and related Services in any way that may infringe upon the privacy of any third party, such as illegally collecting or disclosing personal identification information, or protected records related to education, finance, etc. Examples of such prohibited information include addresses, telephone numbers, email addresses, numbers and features contained in personal identification documents (e.g., ID card numbers, social security account numbers, passport numbers), or credit card numbers. If Tuya has reasonable grounds to believe that you are using the generative AI Service to engage in illegal activities or that your use may violate the above provisions, Tuya may make independent judgments and is entitled to take remedial measures without prior notice to you. Such measures include but are not limited to issuing warnings, restricting functions, suspending or terminating the provision of Services to you, and pursuing relevant legal liabilities.
13.7 You understand and agree that for text, images, audio, video, and other content generated or synthesized through artificial intelligence technology during your use of the Service, Tuya is entitled to add AI-generated identification marks in accordance with legal requirements. Such marks include: Explicit marks that are clearly perceptible to you, added to the generated/synthesized content or the interactive interface; Implicit marks embedded in the metadata of the generated/synthesized content files. (The above two types of marks are collectively referred to as "AI Marks".)
You shall carefully read and understand the requirements of laws and regulations governing AI Marks, and shall not use new technologies and applications such as generative AI to create, publish, or disseminate false, inaccurate, infringing, or other information that violates laws and regulations. When publishing or disseminating information generated by new technologies and applications such as generative AI, you shall mark or indicate such information in a prominent manner. You shall not delete, alter, forge, or modify the AI Marks added by Tuya through any other misleading means.
13.8 You understand and warrant that all content input by you during the use of this Service shall be content for which you own the intellectual property rights or have obtained legitimate authorization from the right holder. Such input content shall not violate applicable laws and regulations, infringe upon the legitimate rights and interests of others (including but not limited to intellectual property rights such as copyrights, patents, trademarks, as well as personality rights, personal information rights, and other rights), or violate public order and good morals. To the extent permitted by applicable law, the intellectual property rights in the content input by you shall belong to you or the right holder legally entitled to such intellectual property rights. If the content you input and/or the output content itself contains content in which Tuya owns intellectual property rights or other legitimate rights and interests, the corresponding rights in such input and/or output content shall remain vested in Tuya. At the same time, you confirm and agree that to enhance your experience in using the Software and related Services, you grant Tuya and/or its affiliates a free, worldwide, transferable, sublicensable, and re-licensable right to use your content within the scope permitted by law, for the purposes of model service optimization, brand promotion, and publicity.
13.9 Unless otherwise specified, the intellectual property rights and related interests in the content provided by Tuya in the Software and related Services (including but not limited to software, technology, programs, web pages, text, images, audio, video, charts, layout designs, electronic documents, etc.) are owned by Tuya. The copyrights, patents, and other intellectual property rights of the software on which Tuya's Services are based are owned by Tuya, its affiliates, or other corresponding right holders.
13.10 Due to the nature of certain functions, content uploaded and published by you through this Service may be accessible to other you. Other you may create new generated content by creating derivative works, using your content as reference images, or reusing your prompts, and further publish, forward, reproduce, or download such new content. Given the characteristics of generative AI technology, if other you input content that is identical or similar to yours, the Service may generate identical or similar outputs for different you. In addition, if other you include your publicly published reference images or prompts in their input as reference content, their output may also bear varying degrees of similarity to your reference content.
13.11 You understand and agree that Tuya makes no express or implied warranties or representations of any kind regarding this Service, including but not limited to warranties of merchantability, fitness for a particular purpose, etc. You shall assume full responsibility for all risks associated with your use of the Software and related Services.
13.12 You understand and agree that, unless explicitly required otherwise by applicable laws and regulations, the total liability of Tuya to you, regardless of the cause of action or type of liability, shall in no event exceed the fees (if any) paid by you to Tuya during the period when you use the Software and related Services.