Doeviz Terms of Service

Effective date: 2026/10/1

These Terms of Service (the "Terms") govern your access to and use of the services provided by Shenzhen Tensoroid Technology co., Ltd ("us", "we", or "our") namely the Doeviz mobile applications where these Terms are posted, their websites, email notifications, and any and all related Services (collectively, the "Services"). These Terms also govern your access to any information through the Services (the "Content"). This version of the Terms applies only to users outside of Mainland China. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SERVICES.

CONTENTS

  1. AGREEMENT
  2. AGE REQUIREMENT
  3. GRANT OF LICENSE
  4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
  5. PURCHASES & CANCELLATION RIGHTS
  6. CONTENT ON THE SERVICES
  7. PRECAUTIONS FOR USING AI
  8. SECURITY
  9. REGISTRATION/PASSWORDS
  10. UNINSTALL/ REMOVAL OF AN APP
  11. CONSENT TO USE OF DATA AND USER REVIEWS
  12. INTELLECTUAL PROPERTY
  13. COPYRIGHT
  14. TERMINATION
  15. DISCLAIMER OF WARRANTY
  16. LIMITATION OF LIABILITY
  17. INDEMNIFICATION
  18. EXPORT CONTROLS
  19. PRIVACY POLICY
  20. JURISDICTIONAL AVAILABILITY
  21. GOVERNING LAW AND DISPUTE RESOLUTION
  22. HOW TO CONTACT US
  23. SUPPLEMENTAL TERMS

1. AGREEMENT

These Terms are a legal agreement between you and us. By using the Services, including installing and/or downloading any of our mobile applications (each an "App" and collectively the "Apps"), you: (a) agree to be bound by these Terms, (b) you represent and warrant that you have the right, authority and capacity to enter into these Terms; and (c) you own or control the mobile device by which you are accessing the Services. These Terms also apply to any App updates, supplements, and services made available by us that are not provided under a separate license or other agreement with us. If you do not agree to these Terms, do not install or use any App or Services. We may amend these Terms from time to time and will notify you of any update to the Terms that materially impact your use of the Services or your rights or obligations. Such notification may be through an in-app notification or website notice. Your continued use of the Services after we post any amendments to these Terms will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Services (including any Apps). If you have any questions or concerns regarding these Terms, please contact us at the appropriate support email in the "How to Contact Us" section of the Terms. Do not use the Services until your questions and concerns have been answered to your satisfaction and you agree to abide by these Terms.

Notice to consumers. Depending on the laws of the jurisdiction where you live, you may have certain rights that are in addition to these Terms, and certain provisions of these Terms may be unenforceable as to you. To the extent that any term or condition of these Terms is unenforceable to you, the remainder of these Terms shall remain in full force and effect. Use of the Services is subject to the Privacy Policy, which is hereby incorporated into these Terms by reference. These Terms also include any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download any Apps. The Apps may be available through marketplaces that distribute mobile applications and that may have additional terms, conditions and usage rules that govern your use of the Apps if you download or install the Apps through such marketplaces.

Please see Section 21 for the provisions governing dispute resolution.

2. AGE REQUIREMENT

Minors should use Doeviz with the consent and guidance of a parent or other legal guardian.

3. GRANT OF LICENSE

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and/or install the most current generally available version of the software provided to you as part of the Services solely for your lawful, personal, and non-commercial use.

4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

Restricted Use. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else，including but not limited to rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Services or use the Services for the benefit of any third party. Unless expressly authorized by us, you are prohibited from making the Apps available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Services, except to remove our Apps from a mobile device which you own or control. You may not violate or attempt to violate the security of our Services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Services, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any Services in any way. You do not have the right to and may not create derivative works of any Services or any portions thereof. All modifications or enhancements to the Services remain the sole property of ours. You are responsible for all activities that occur under your account.

Assistance with use. You may authorize family members, caregivers or other assistants to help you operate the Services to the extent necessary for your own use. Such assistance does not violate the restrictions in these Terms on account sharing or use of the Services for the benefit of a third party. However, this exception does not permit renting, selling or transferring your account, or allowing others to use your account independently.

Updates. We reserve the right to add or remove features or functions to existing Services. When installed on your mobile device, the Apps periodically communicate with our servers. We may require the updating of the Apps on your mobile device when we release a new version of the Apps, or when we make new features available. This update may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current Terms before you will be permitted to use any updated versions of the Services. You acknowledge and agree that any obligation we may have to support previous versions of the Services may be ended upon the availability of updates, supplements or subsequent versions. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or updated versions of the Services.

Access. You must provide at your own expense the equipment, internet connections, devices and service plans to access and use the Apps. If you access an App through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access the Apps from your device. Downloading, installing or using certain Apps may be prohibited or restricted by your network provider and not all Apps may work with your network provider or device. We make no representation that the Apps can be accessed on all devices or wireless service plans. We make no representation that the Apps are available in all languages or that the Apps are appropriate or available for use in any particular location.

5. PURCHASES & CANCELLATION RIGHTS

5.1 Subscriptions. After you pay the applicable service fee, you may access the Doeviz membership services included in your selected plan. The available features, benefits, usage allowances, prices and other conditions are as described on the relevant subscription or purchase page. Additional usage allowances may be purchased where offered.

You may purchase certain Services on a subscription basis. Available subscription plans and billing periods are described on the relevant subscription page. Payment for a subscription may be processed in-App, through a third-party mobile platform owner (e.g. Apple or Google) or directly through us and its third-party payment processor.

Please carefully read the membership service and the introduction of various rights and interests before purchasing. Your act of purchasing/renewing/exchanging or otherwise paying consideration for this service or the rights and interests under this service shall be deemed as your recognition and acceptance of the price indicated by that service or rights and interests. After you successfully pay the consideration, that service or rights and interests shall take effect immediately. Except in statutory circumstances, no transfer or refund may be requested. We will adjust the existing membership service types, prices and contents according to the needs of users, changes in product and service contents, etc., to continuously improve and optimize the service.

After the membership services are activated, the User shall only use the membership services under the current operating system. The User acknowledges and agrees that we shall be entitled to set the total number of terminals where your User Account is to be used under the current operating system and to limit the use of a User Account to one terminal at a time. If your use of the membership services extends beyond such limits, we reserve the right to suspend or terminate the membership services for you in part or in whole. The User shall solely be responsible for any loss arising from the use beyond the scope.

5.2 Usage Time and Additional Purchases.Membership Services may include usage allowances or credits, as specified at the time of subscription. Once the included allowance has been consumed, you may need to purchase an additional allowance or credits to continue using the relevant Services.

Additional purchases may be made through the options provided on the App, and the pricing for such purchases will be displayed at the time of the transaction. Any unused included usage time will expire at the end of the subscription period and cannot be carried over to subsequent periods.

5.3 Cancellation of Subscriptions. If you subscribed for our Services by purchasing and installing an App through a third-party mobile platform owner (either through the third-party platform or in-App), you may cancel your subscription at any time by following the Apple App Store or Google Play Store instructions or via the subscription settings in your iTunes or Android account. If you subscribed for our Services directly through our website, you may cancel your subscription at any time by logging in to manage your subscriptions on the applicable website.

All cancellations will be effective from the end of the current billing cycle. For example, if your monthly subscription starts on the first day of the month but you cancel in the middle of the month, your cancellation will take effect at the end of the month. Subscription fees already paid are non-refundable, except as otherwise required by applicable law or the rules of the platform through which you made your purchase. Cancelling automatic renewal does not affect your access during the current paid subscription period.

5.4 Membership Services Change. You fully understand, agree and accept, due to the particularity of Internet services, that we might suspend or terminate the provision of the membership services for you according to related regulations or as required for its business adjustment. In such case, we will protect your legal rights and interests according to the law, provided that you perform the obligations as agreed under the Terms.

5.5 Automatic Renewal; Recurring Charges. Automatic renewal is available for the subscription plans and billing periods displayed on the relevant subscription page. If you activate automatic renewal, you authorize the applicable payment provider to charge your selected payment method for the next billing period, subject to applicable law and the payment provider's terms. Any rules on combining subscription plans or the order in which allowances are used will be disclosed on the relevant purchase page.

The prerequisite for the realization of this service is that you have bound your member account of this product to the above-mentioned account and can successfully deduct funds from the above-mentioned account. For the selected payment channel, you are obligated to regularly pay attention and ensure that there is sufficient balance in the account under this payment method to meet the application of the automatic renewal service. If, due to the aforementioned defects (including but not limited to insufficient balance, and the balance is not sufficient to meet the user's selection of multiple services), the application of the automatic renewal service cannot be satisfied, then we have the right to suspend or terminate your member service without further notice. If you choose to cancel the automatic renewal service, you need to cancel the subscription at least before the end of the current subscription period; otherwise, the system will still automatically renew. You may cancel automatic renewal. Cancellation of automatic renewal does not affect charges already incurred for the current billing period. Fees for the current billing period are non-refundable, except as otherwise required by applicable law or the rules of the platform through which you made your purchase.

If you choose the automatic renewal service, you can suspend or terminate this service through the method indicated in the automatic renewal channel (the final specific path and method are subject to each channel). If you do not cancel the automatic renewal function before the expiration of the subscription period, it will be automatically renewed and deducted. Except as otherwise provided in this agreement, this automatic renewal service is valid for a long time from the date you activate it until you choose to cancel this automatic renewal service on your own initiative.

6. CONTENT ON THE SERVICES

User Content. Content you submit through the Apps is referred to as “User Content”. You are responsible for your use of the Services and for any User Content you provide, including compliance with applicable laws, rules, and regulations. Content you submit will not automatically be made available to other users, nor will other users be granted any rights to use it, merely because you use Doeviz. We may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at our sole discretion. We may terminate a user's access to the Services if, under appropriate circumstances, the user is determined to be a repeat infringer.

You agree that you shall not post or share User Content on the Services that we deem Objectionable Content. “Objectionable Content” includes, but it not limited to:

Ownership and use of content. You retain the rights you lawfully hold in the content you submit and must ensure that you have the right to submit that content and grant the following license. To the extent you have the right to do so, you grant us a worldwide, non-exclusive, royalty-free license allowing us and partners providing services on our behalf to use, reproduce, process and adapt the content you submit, in accordance with these Terms and our Privacy Policy, to provide, maintain and improve the Services and for model training, evaluation and product optimization. The resulting improvements may be used in commercial products and services. You also authorize us to provide or license such content to research institutions or other companies for research, training their own models and developing commercial products, and to receive compensation for doing so, subject to the de-identification measures, restrictions on recipients and personal information protections described in our Privacy Policy. The processing of personal information is governed by our Privacy Policy and applicable law.

Similarity of content. Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services.

Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all Content. Our representatives may review content submitted through the Apps to the extent necessary to provide and maintain the Services, subject to our Privacy Policy and applicable law. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content.

We may access, preserve or disclose any of your information or Content (including without limitation chat text) if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as these Terms; (iii) for fraud prevention, risk assessment, investigation, customer support, providing the app services or engineering support; (iv) protect the rights, property or safety of ours, its users, or members of the public or (v) to report a crime or other offensive behavior. ‍‍Third-Party Services and Content‍. The Services may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing an App that includes third party services and third-party content, such services and content are subject to such third party's terms of services and privacy policies, which may be found on the relevant Third-Party Partner's website. Our Services may provide access or links to Third Party Partner websites or resources. we have no control over such websites and resources, and you acknowledge and agree that we are not responsible for the availability of such external websites or resources and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any Third-Party Partner Content, including any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Partner content, goods or services available on or through the Services or any such Third-Party Partner website or resource. We will not be a party to or in any way be responsible for monitoring any transaction between you and Third-Party Partners.

Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts.

When you use our Services, you understand and agree:

7.PRECAUTIONS FOR USING AI

ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING ARE RAPIDLY EVOLVING FIELDS OF STUDY. WE ARE CONSTANTLY WORKING TO IMPROVE OUR SERVICES TO MAKE THEM MORE ACCURATE, RELIABLE, SAFE, AND BENEFICIAL. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING, THE USE OF OUR SERVICES MAY, IN SOME SITUATIONS, RESULT IN OUTPUT THAT DOES NOT ACCURATELY REFLECT REAL PEOPLE, PLACES, OR FACTS. WHEN YOU USE OUR SERVICES, YOU UNDERSTAND AND AGREE:

OUTPUT MAY NOT ALWAYS BE ACCURATE. YOU SHOULD NOT RELY ON OUTPUT FROM OUR SERVICES AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE YOU MUST EVALUATE OUTPUT FOR ACCURACY AND APPROPRIATENESS FOR YOUR USE CASE, INCLUDING USING HUMAN REVIEW AS APPROPRIATE, BEFORE USING OR SHARING OUTPUT FROM THE SERVICES. YOU MUST NOT USE OUTPUT AS THE SOLE BASIS FOR DECISIONS THAT COULD HAVE A LEGAL OR MATERIAL IMPACT ON A PERSON, SUCH AS CREDIT, EDUCATIONAL, EMPLOYMENT, HOUSING, INSURANCE, LEGAL, MEDICAL OR OTHER IMPORTANT DECISIONS.

The information and suggestions provided by Doeviz are intended solely as supplementary assistance. Recognition results and responses may contain errors or omissions or may be delayed.

They should not be used as the sole basis for decisions about road travel, hazard assessment, medication use or other matters involving personal safety. You should make decisions in light of your actual surroundings and with appropriate assistive tools, professional advice or assistance from others. Doeviz is not a substitute for professional medical advice or emergency services.

8. SECURITY

The Services, like other consumer technologies, may not be 100% secure. By accepting these Terms, you acknowledge and accept that the Services may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You must keep your account and password secure. You are responsible, in accordance with applicable law, for losses caused by your failure to fulfill this obligation. Further, you are solely responsible for securing any device used to access the Services from unauthorized access, including by such means as using complex password protection and enabling device encryption when available through settings on your device.

9. REGISTRATION/PASSWORDS

Registration. Some Services may not require registration: however, some Services will permit or require you to create an account to participate or access additional features or functionalities ("Registration"). If such Registration is required, it will be made known to you when you attempt to participate or access such additional features or functionalities. Any registration required by a Third-Party Partner is not governed by these Terms and you should refer to the relevant Third-Party Partner's website for their policies.

Passwords. You are the sole and exclusive guardian of any password and ID combination issued or chosen by you. Maintaining the confidentiality and security of your password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your password and/or ID has been compromised, we may suspend or terminate your account, refuse all current or future use of the services, and pursue any appropriate legal remedies. You are responsible, in accordance with applicable law, for losses caused by your failure to keep your account and password secure.

Provided Information. If you provide any information in connection with a Registration, you must provide and maintain accurate, complete and current information. If we have reasonable grounds to suspect that your information is inaccurate, not current or not complete, we may suspend or terminate your use of the Services and pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in these Terms and in furtherance of your use of the App and our services, in accordance with the Privacy Policy.

10. UNINSTALL/REMOVAL OF AN APP

Uninstallation and removal methods vary depending on your device. To uninstall and remove the Apps, please use the application manager provided with your device or consult your device manual for reference. Please remember if you have a paid subscription to an App, uninstalling will not cancel your recurring payments. See our cancellation instructions above for more information.

11. CONSENT TO USE OF DATA AND USER REVIEWS

You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Services. We may use this information in accordance with the Privacy Policy. Additionally, if you choose to provide app store reviews or reviews via any social medial channel, or other similar communication or messaging features or services, such information may be made publicly available, including the public-facing username as it appears with the review. If you do not want us to use your reviews for promotional purposes, you may contact us at the email address listed in Section 22 and provide sufficient information to identify the relevant reviews. For security purposes, please do not include any password, social security number, payment card or other sensitive information via these features. We may, but are not obligated to, remove any content we deem inappropriate.

12. INTELLECTUAL PROPERTY

The Services, including all Content, design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by us are our property or the property of our licensors, and are protected by China and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third-Party Partners have placed on or within the Services. All rights not expressly granted hereunder are expressly reserved to us and its licensor.

Our names, logos and affiliated properties are the exclusive property of us or its affiliates. All other trademarks appearing through the Services, including in any App, are trademarks of their respective owners, and the use of such trademarks shall endure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through a Service. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in the herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

13. COPYRIGHT

Copyright/Submissions. You are solely responsible for any Content you contribute, submit, display or for any adaptations of works made on or through your use of the App(s). Content you submit or use must not infringe the intellectual property rights of others. You must hold the relevant rights, obtain any necessary permission, or use the content as permitted by applicable law, including legally permitted accessible reading. We respect and expect its users to respect the rights of copyright holders. On notice, we will act appropriately to remove content that infringes the copyright rights of others. We reserve the right to disable the access to Apps or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe an App, or elements, infringe your copyright rights, please contact us at the appropriate support email in the "How to Contact Us" section of the Terms. Please ensure your communication includes the following:

14. TERMINATION

Termination. You are free to stop using our Services at any time. To the extent permitted by applicable law, we reserve the right to suspend, modify or terminate all or part of the Services or your access to them, including for business adjustments, legal requirements, security risks or your breach of these Terms. We will provide notice where required by applicable law. Any related fees will be handled in accordance with these Terms, applicable law and the rules of the platform through which you made your purchase. The limitations of liability in Section 16 of these Terms apply. Promptly upon expiration or termination of these Terms, you must cease all use of the Services and destroy all copies of the Services, including any Apps in your possession or control. Termination will not limit any of our other rights or remedies at law or in equity. Sections12 – 21, and any Supplemental Terms of these Terms shall survive termination or expiration of these Terms for any reason.

Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting us at the appropriate support email in the "How to Contact Us" section of the Terms.

15. DISCLAIMER OF WARRANTY

To the extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis, without any express or implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the Services will always be uninterrupted, timely, secure or error-free, or that recognition results and other outputs will always be accurate, complete, reliable or meet your particular requirements.

The exclusions and limitations of liability in Section 16 apply.

16. LIMITATION OF LIABILITY

To the extent permitted by applicable law, if you have a legal basis for recovering damages arising from or related to these Terms or the Services, you may recover only direct damages, and our total liability to you will not exceed the fees you paid for the relevant Services for the month in which the loss or breach occurred, or USD 10 if the relevant Services are free. We will not be liable for any indirect, incidental, special or consequential losses arising from your use of or inability to use the Services.

The above exclusions and limitations do not affect any liability or consumer rights that cannot be excluded or limited under applicable law.

17. INDEMNIFICATION

If your breach of these Terms or infringement of a third party’s lawful rights gives rise to a third-party claim, you must, to the extent you are responsible under applicable law, compensate us for the resulting losses and reasonable expenses.

YOU AGREE TO IMMEDIATELY NOTIFY US OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

18. EXPORT CONTROLS

The Services and the underlying information and technology are subject to China and international laws, restrictions and regulations that may govern the import, export, downloading and use of the Apps. You agree to comply with these laws, restrictions and regulations when downloading or using the Apps.

19.PRIVACY POLICY

Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy.

20. JURISDICTIONAL AVAILABILITY

We do not represent or warrant that the Services or any part thereof is appropriate or available for use in any particular jurisdiction. We may limit the availability of the Apps, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

21. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of the Hong Kong Special Administrative Region. Any dispute arising out of or in connection with these Terms shall be referred to arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong.

These provisions do not affect the mandatory consumer protections available to you under applicable law or your right under applicable law to bring proceedings before a court of competent jurisdiction.

22. HOW TO CONTACT US

If you have any questions about these Terms, please contact us by email or through the Doeviz website:

Website app@tensoroid.ai

23. SUPPLEMENTAL TERMS

Apple App Store. By accessing the Services through a device made by Apple, Inc. ("Apple"), you specifically acknowledge and agree that: