User Agreement
1.Special Notice
1.1 This "User Agreement" (hereinafter referred to as the "Agreement") is entered into by and between the user of
the service (hereinafter referred to as the "User") and Shenzhen Immotor Technology Co., Ltd. (hereinafter
referred to as the "Company" or "us") regarding user downloading, installation, using"Immotor O&M Manager”
(hereinafter referred to as "immotor") to register, use, and manage Immotor account, and use the related services
provided by the company.
1.2 The "Immotor" software is developed by the company and we willprovide related services which based on the
internet and mobile networks in accordance with the provisions of this agreement and the operating rules issued
from time to time (hereinafter referred to as "the service"). In order to obtain this service, users should
carefully read and fully understand the terms of this "Agreement", especially the exemption clauses that exempt or
limit the company's liability, the clauses restricting the rights of users, clauses of dispute resolution methods,
jurisdiction and application of law. Please read carefully. Once you click the login button, you agree to accept
this "Agreement"; if you do not accept part or all of this "Agreement", please do not click the login button.
Unless you accept all the terms of this "Agreement", you have no right to download, install or use this software
and its related services. Your download, installation, use, account acquisition and login will be deemed to be
your acceptance of this "Agreement" and agree to be bound by the terms of this "Agreement".
1.3 After the user has successfully registered, the company will give each user a user account, which is owned by
the company. After the user completes the application registration procedures, he will obtain the right to use the
account. The right to use the account belongs only to the initial applicant, and it is prohibited to be borrowed,
rented, transferred or sold. The user assumes the responsibility for the custody of the account and password, and
is
fully responsible for all activities under the account. In order to protect the security of the user's account,
please differentiate the password of the mobile phone and the password of this account.
1.4 If the user transfers the account to any third parties, he or she shall bear all losses caused by the
transfer.
2. Intellectual Property Statement
2.1 "Immotor O&M Manager" software is developed by the company. All copyrights, trademark rights, patent
rights, trade secrets and other intellectual property rights of "Immotor O&M Manager" software, as well as all
related information content, including but not limited to: text expressions and their combinations, icons,
graphics,
charts, colors, interface design, the layout framework, relevant data, printed materials,or electronic documents
belong to the company and are protected by the Copyright Law, Trademark Law, Patent Law, Anti-Unfair Competition
Law
of the People’s Republic of China and corresponding international treaties and other intellectual property laws
and
regulations, except for those software or technology authorized third parties.
2.2 Without the written consent of the company, the user shall not implement, use, transfer or permit any third
parties to implement, use, or transfer the above intellectual property rights for any profit or non-profit
purpose.
The company reserves the right to take legal actions for any violation under this term.
3. Authorization
3.1 Users can only install, use, display, and run "Immotor" software on a single terminal device for
non-commercial
purposes. Users are not allowed to install, use, or run the "Immotor" software for any commercial purposes, and
cannot copy, change, modify, link to run or create any derivative works on the software or the data released into
the memory of any computer terminal and the interactive data between the client and the server during the
operation
of the software , , including but not limited to the use of plug-ins, plug-ins or unauthorized third-party
tools/services to access the software and related systems.
3.2 Rights reserved: All the other rights not expressly
authorized in this Agreement belong to the company, and users must obtain the written
consent of the company when using the other rights.
4. Service changes
4.1 In view of the particularity of this
service, the user agrees that the company has the right to modify, suspend or terminate part or all of this
service
(including paid service and free service) at any time. If the modified, suspended or terminated service is a free
service, the company does not need to notify the user or assume any responsibility to any user or any third party;
if the modified, suspended or terminated service is a paid service, the company shall notify the user in advance,
and provide the affected user with an alternative paid services of equivalent value. If the user is unwilling to
accept the alternative paid service, the company shall refund the remaining service fee to the user after
deducting
the corresponding service fee according to the actual use of the corresponding paid service by the user.
4.2 The
company shall regularly or irregularly repair or maintain the platforms (such as internet websites, mobile
networks,
etc.) and related equipment that provide the service under this Agreement. If any interruption of the paid service
is within a reasonable time, the company shall not assume any responsibility.
4.3 In the event of any of the
following circumstances, the company shall have the right to suspend or terminate the services under this
Agreement
[including but not limited to paid and free services (including
free services based on the advertising business models)] at any time without taking any responsibility to the user
or any third party:
-
4.3.1 Any problems with the authenticity, completeness, accuracy, legality and validity of the
personal data provided by the user;
-
4.3.2 The user violates the usage rules stipulated in this Agreement;
-
4.3.3 The
user fails to pay the corresponding service fee to the company when using the paid service;
4.4 If the user ’ s
registered nickname and/or name of the account violates any laws, regulations or national policy requirements, or
infringes on the legal rights of any third party, the company has the right to prohibit the user from continuing
to
use the said nickname and/or name.
5. Service Regulations
5.1 When users apply for the service, they must provide
the company with ture、accurate and complete personal information, and must pass the company's authentication
before
they can start using the software. If there is any change in personal information, it must be updated in time.
Before the update completed, the company has the right to suspend the user's right to use.
5.2 Users should not
transfer or lend their account numbers and passwords to any third parties. If the user discovers that his/her
account
has been illegally used by others, he/she should immediately notify the company. The company does not assume any
responsibility if the account or password is illegally used by others due to hacking or negligence of user.
5.3 The
user agrees that the company has the right to publish various commercial advertisements or other types of
commercial
information in various ways during the service, and the user agrees to receive product promotions or other related
business information from the company by email or other means.
5.4 When using this service, users must follow the
following principles:
-
5.4.1 Comply with relevant Chinese laws and regulations;
-
5.4.2 Comply with all network
agreements, regulations and procedures related to this service;
-
5.4.3 It is prohibited for any unlawful purpose;
-
5.4.4 It is prohibited to use the service in any way that may infringe on the company's business interests or
conduct any activities detrimental to the company, including but not limited to issue any commercial or
non-commercial advertisement without approval from the company;
-
5.4.5 It is prohibited to use the system to
adversely affect the normal operation of the internet or mobile networks;
-
5.4.6 It is prohibited to use the services
provided by this product to
upload, display or disseminate any information that false, harassing, slanderous, abusive, intimidating,
vulgar,
obscene, or any other information that violates public order or is illegal;
-
5.4.7 It is prohibited to infringe any
third party's patent, copyright, trademark, reputation right or any other legitimate rights and interests. 5.5
The
company has the right to review and supervise the use of this service. If the user violates any of the above
regulations when using the service, the company has the right to request the user to correct or directly take
all
necessary measures (including but not limited to changing or deleting the content posted by the user, etc.,
suspending or terminating the service) to reduce the impact of user misconduct. The user has to bear the
responsibility by himself/herself for any damage to any third party due to his own actions.
5.6 The company has the
right, based on its independent judgment, when it believes that a situation that may endanger the company
(including
but not limited to the user’s violation of the principles under Article 5.4 of this agreement) to suspend or
terminate all or part of the user services under this agreement without advanced notification and without any
responsibility . When the user service is suspended or terminated due to this term, the user shall act in
accordance
with the instructions of the company, otherwise it will be deemed as a breach of contract and shall be liable
under
Article 7.2 of this Agreement, and the
company reserves the right to pursue the legal responsibility of users.
6. Disclaimer
6.1 The user expressly agrees
that all the risks and consequences in the use of this service will be entirely borne by him/her. Unless otherwise
agreed in this Agreement, the company shall not bear any responsibility to the user.
6.2 The company does not make
any type of guarantee for the service, including but not limited to the timeliness, safety, and accuracy of the
service, and does not assume any responsibility for the direct, indirect, accidental, special and follow-up
damages
and risks caused by the use or inability to use the service under any circumstances.
6.3 The company does not take
any responsibility for the risk of interruption or failure to meet the user requirements caused by force majeure,
computer viruses, hacker attacks, system or user location instability, , and any other network, technology,
communication line reason..
6.4 The company does not bear any responsibility for the quality defects of the
following products or services provided by the company to users and any losses caused by them:
- 6.4.1 Various
services provided by the company free of charge;
- 6.4.2 Any products or services presented by the company to users.
6.5 The user agrees that the functions provided by the company are
subject to PRC laws 、 administrative regulations and/or district rules (“regulations”), when there is a conflict
between the functions and regulations of this product and the said regulations ,the regulations shall prevail. Any
direct or indirect violation of the regulations during the use of this service shall be borne by the user. If
there
is a need for proof, the company can provide relevant data as evidence to relevant departments.
7. Compensation for breach of contract
7.1 If the company violates the regulations or any terms under this Agreement and causes damages
to the user, the company agrees to bear the relevant responsibility for the damages caused thereby.
7.2 The user agrees to protect and maintain the interests of the company and other users. If the user violates the
regulations or
any terms under this agreement and causes damages to the company or any other third party, the user agrees to bear
the resulting damages liability.
8. Agreement modification
8.1 The company may change or modify terms of this
Agreement at any time and will notify you through the company's website, your use of the service after
modifications
to the terms indicate that you agree to such changes.
9. Notification delivery
9.1 Users must provide the latest,
most used and valid email address to the company. Under this Agreement, all notices to users can be made
through the company’s website, ,or e-mails,; such notices are deemed to have been delivered to the recipient on
the
time of sending.
9.2 The user's notice to the company shall be delivered through the official communication address,
fax number, e-mail address and other contact information of the company. Such notices shall be delivered on the
date
of actual receipt by the company.
10. Legal jurisdiction
10.1 The conclusion, execution, interpretation and disputes
of this Agreement shall be governed by the laws of the People's Republic of China.
10.2 In case of any dispute
arising from the content or performance of this Agreement, both parties shall try their best to settle it
through
friendly negotiation; if no agreement can be reached through negotiation, either party may file a lawsuit with
the
people's court where the company is located.
11. Others
11.1 If any clauses in this Agreement is completely or
partially invalid or unenforceable for whatever reason, the remaining clauses in this Agreement shall still
be valid
and binding.
11.2 The headings inthis Agreement is for convenience only and should not be construed by such headings
in the interpretation of this Agreement.