Terms of Service
Governing your partnership with our Shenzhen-based smart watch OEM/ODM manufacturing facility.
Please Read Carefully Before Proceeding
These Terms of Service ("Agreement") constitute a legally binding contract between you ("Client," "Partner," or "User") and our Shenzhen-based smart watch OEM/ODM manufacturing company ("Manufacturer," "We," "Us," or "Our"). By engaging our services, placing orders, or accessing our systems, you acknowledge that you have read, understood, and agree to be bound by these terms.
Section 01
Applicable Jurisdictions
Our operations are headquartered in Shenzhen, Guangdong Province, People's Republic of China. These terms are governed by PRC law. However, due to the international nature of our export business, we also acknowledge and comply with the regulatory requirements of the following jurisdictions where our products are distributed:
United States
FCC · FTC · CPSC
FCC Part 15 (wireless), FTC regulations on consumer data, CPSC safety standards, California CCPA privacy law.
Canada
ISED · PIPEDA
Industry Canada ISED certification for radio devices, PIPEDA personal information protection requirements.
Netherlands / France (EU)
CE · GDPR · RoHS
CE marking compliance, GDPR data protection, RoHS hazardous substances directive, WEEE e-waste regulation.
Brazil
ANATEL · LGPD
ANATEL homologation for wireless products, LGPD (Lei Geral de Proteção de Dados) personal data law.
Mexico
IFT · NOM
IFT homologation for telecommunications devices, NOM product safety standards, Federal Consumer Protection Law.
India
BIS · WPC · DPDP
BIS certification (IS 13252), WPC approval for wireless spectrum, Digital Personal Data Protection Act 2023.
South Korea
KC · PIPA · RRA
KC mark certification for electrical safety, PIPA personal information protection, RRA radio frequency compliance.
Dubai / UAE
TDRA · ESMA
TDRA type approval for wireless devices, ESMA conformity marking, UAE Consumer Protection Law compliance.
China (Origin)
MIIT · PIPL · GB Standards
MIIT network access license, Personal Information Protection Law (PIPL), mandatory GB national standards for electronics.
Client Responsibility: Clients are solely responsible for obtaining all required local certifications, import licenses, and regulatory approvals in their respective markets. The Manufacturer provides technical documentation support but does not guarantee regulatory approval outcomes.
Section 02
Data Collection Categories
In the course of providing OEM/ODM manufacturing services, we collect and process the following categories of information. All data handling is conducted in accordance with applicable privacy laws in the jurisdictions listed above.
Business Identity Information
Company name, registered address, business license number, authorized representative details, tax identification numbers.
Order & Technical Specifications
Product designs, CAD/CAM files, firmware requirements, hardware BOM, packaging specifications, branding assets, sample approvals.
Financial & Transaction Data
Invoice records, payment terms, bank transfer confirmations, deposit receipts, credit terms history, currency exchange records.
Logistics & Shipping Information
Consignee name and address, port of destination, shipping method preferences, customs broker details, import/export license numbers.
Communication Records
Email correspondence, WeChat/WhatsApp business chat logs, video conference recordings (with consent), NDA-related communications.
Website & Portal Usage Data
IP addresses, browser type, pages visited on our website, inquiry form submissions, portal login timestamps, device identifiers.
Data Retention Policy
7 Years
Financial & transaction records (statutory requirement)
5 Years
Order, design, and technical specification files
2 Years
Communication logs and general correspondence
Section 03
Permission Descriptions
The following table outlines the permissions granted to each party under this agreement, distinguishing between rights retained by the Client and operational rights exercised by the Manufacturer.
Client Permissions
- Full ownership of all custom-designed product IP, trademarks, and brand assets submitted to us.
- Right to audit production quality at our facility with 5 business days' advance notice.
- Right to request deletion of personal data after contract termination (subject to statutory retention periods).
- Right to receive production progress reports, quality inspection reports, and shipping documents.
- Right to approve pre-production samples and golden samples before mass production commences.
Manufacturer Permissions
- Right to use client-provided designs and specifications solely for fulfilling the contracted manufacturing order.
- Right to engage vetted sub-contractors for specific components, subject to the same confidentiality obligations.
- Right to display anonymized production capability references (no client branding) in our marketing materials unless otherwise agreed.
- Right to adjust production schedules due to force majeure events, with timely written notification to the client.
- Right to retain production tooling, molds, and jigs funded by the Manufacturer unless specifically purchased by the Client.
Prohibited Use: Neither party may share, sublicense, sell, or transfer confidential information, design files, or proprietary data to any third party without explicit written consent from the data owner. Violation constitutes material breach of this agreement.
Section 04
Partnership & Responsibilities
Manufacturer Obligations
Quality Assurance
Conduct IPQC, FQC, and OQC inspections at each production stage. Provide IQC reports and maintain ISO-aligned quality management processes across our 4,000 sqm facility.
Confidentiality
Maintain strict confidentiality of all client designs, firmware, and business information. All employees sign NDAs. Client IP will not be shared with competing brands.
On-Time Delivery
Adhere to mutually agreed production timelines. Notify clients immediately of any delays exceeding 3 business days with a revised schedule and root cause analysis.
Post-Shipment Support
Provide warranty support for manufacturing defects for 12 months post-delivery. Respond to quality complaints within 48 hours with investigation results within 7 business days.
Client Obligations
Accurate Specifications
Provide complete, accurate, and final product specifications before production commencement. Changes after production start may incur additional costs and schedule adjustments.
Timely Payment
Fulfill payment obligations per agreed terms (typically 30-50% deposit, balance before shipment). Late payments may result in production hold and applicable late fees.
Sample Approval
Review and approve pre-production samples within 5 business days. Failure to respond constitutes deemed approval. Rejection must include specific written feedback.
Regulatory Compliance
Ensure all products meet the regulatory requirements of the destination market. The client bears full responsibility for import compliance, local certifications, and end-user safety obligations.
Section 05
Service Scope Definition
Our services are clearly defined to ensure mutual understanding of deliverables. The following categorizes what is included within our standard OEM/ODM service offering and what falls outside the scope of this agreement.
ODM Services
- Industrial design & ID concept
- Hardware R&D and PCB design
- Firmware & RTOS development
- Health sensor integration (HR, SpO2, GPS)
- Companion app SDK provision
- Mold development & tooling
- Packaging design & printing
OEM Services
- Client design manufacturing
- Custom logo & branding application
- Component sourcing & BOM management
- SMT assembly & soldering
- Firmware flashing & calibration
- Aging & functional testing
- Export packaging & labeling
Out of Scope
- End-user app development & maintenance
- Cloud server infrastructure & hosting
- Local market regulatory certification
- Import customs clearance at destination
- After-sales consumer support
- Distribution & retail channel management
- Marketing & brand promotion
Standard Service Parameters
Reference values; actual terms subject to individual project agreements.
| Service Type | MOQ | Sample Lead Time | Mass Production Lead Time | Warranty |
|---|---|---|---|---|
| OEM (Client Design) | 500 units | 15-20 days | 30-45 days | 12 months |
| ODM (Our Platform) | 200 units | 7-10 days | 20-35 days | 12 months |
| ODM (Custom Design) | 1,000 units | 30-60 days | 45-90 days | 12 months |
| Small Batch / Trial | 50 units | 10-15 days | N/A | 6 months |
Section 06
Constraints & Restriction Rules
Prohibited Activities
- ✕ Requesting production of counterfeit, trademark-infringing, or imitation products of third-party brands.
- ✕ Requesting products intended for military, weapons, or prohibited surveillance applications.
- ✕ Misrepresenting the intended end-use or final destination of manufactured goods to circumvent export controls.
- ✕ Reverse engineering, decompiling, or reproducing our proprietary ODM platform designs without a separate licensing agreement.
- ✕ Using our factory name, certifications, or test reports in marketing materials without written authorization.
Conditional Restrictions
- ! Design changes after production commencement require written change orders and may incur additional tooling or material costs.
- ! Order cancellation after material procurement is subject to cancellation fees covering committed material costs and labor.
- ! Third-party factory audits by client-appointed inspectors require advance scheduling and are limited to non-proprietary production areas.
- ! Requests for exclusive manufacturing rights require a separate exclusivity agreement with minimum annual volume commitments.
- ! Use of client-supplied components is accepted but shifts quality liability for those components to the client.
Limitation of Liability & Dispute Resolution
Liability Cap
Our total aggregate liability under any claim shall not exceed the total value of the specific purchase order giving rise to the claim, regardless of the nature of the claim.
Governing Law
This Agreement shall be governed by the laws of the People's Republic of China. Disputes shall first be resolved through good-faith negotiation within 30 days.
Arbitration
Unresolved disputes shall be submitted to the Shenzhen Court of International Arbitration (SCIA) for binding arbitration in accordance with its rules.
Acceptance of Terms
By placing an order, signing a purchase agreement, or engaging our services in any capacity, you confirm that you have read, understood, and agree to be bound by these Terms of Service in their entirety. If you do not agree, please refrain from engaging our services and contact us to discuss your concerns.
© 2025 Shenzhen Smart Watch OEM/ODM Factory. All rights reserved. Registered in Shenzhen, Guangdong, PRC. These terms supersede all prior agreements.