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:
4.4 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:
5.6 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:
6.5 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.