Intron OPEN-ECU Website
User Service Agreement
Dear user,
Thank you for registering with and using the Intron OPEN-ECU website (the "Website"). We provide services via the Website in accordance with the “User Service Agreement” (“the Agreement”). By clicking “I have read and agree to the greement” (the wording on the registration page may vary) on any page of the Website or registering, using, acquiring or logging into a user account and using related services, or otherwise accept the Agreement, explicitly or implicitly, you have read and agree to sign the Agreement, upon which the Agreement shall a legally binding document upon you and the Website. If you disagree with terms or conditions of the Agreement, you will have to stop registering with and logging into the Website or using any services thereon.
To ensure your access to and use of the Services provided on the Website, please read the Agreement carefully and fully understand each of its terms and conditions, especially those on the waiver or limitation of liability and those on the limitation of users’ rights. , waiver or other terms and conditions that involve your material rights and interestsmay be highlighted in bold to remind you to pay particular attention. If you do not accept such terms and conditions, you will have to stop using the Services provided on the Website immediately and cancel your account with the Website.
I. Terms and Definitions
1.1 refers to an individual or organization that registers, logs into
and uses any Services of the Website, and is more commonly referred to
as "You" in the Agreement.
1.2 The Website refers to the website that provides Users with account registration and login, and other relevant services.
1.3 refer to the provision of materials or information Users need or are interested in by the Website in response to any technical advances and features achieved by Intron OPEN-ECU. refer to the provision of materials or information Users need or are interested in by the Website in response to any technical advances and features achieved by Intron OPEN-ECU.
II. Scope
2.1 The Agreement is a set of rules regarding the acquisition and use of accounts on the Website. These rules apply to all the Services provided on the Website.
2.2 For the purpose of the Agreement, “login” refers to the login into (and use of) the Website via an account registered with the Website.
2.3
Your use of any Services provided on the Website via your account is
subject to the separate agreement, if any, for that service.
III. Account Registration and Management
3.1 Account Registration
3.1.1. You shall register an account by linking your email address to it. The password shall be set and taken care of by yourself.
3.1.2.You shall provide true, accurate, complete and information and maintain and update your information in a timely manner in registering with the Website and using any Services thereon. If youarean individual user, the information you shall provide for real-name authentication includes but is not limited to your name, which varies with the authentication method. If youare an enterprise user, the information you shall provide for real-name authentication includes but is not limited to the uniform credit code and business license, the name of the legal representative of the enterprise and his/her identification, and the mobile number and identification of the responsible individual. If the Website has reasonable grounds to suspect that the identification and other information you provided is wrong, false, outdated or incomplete, the Website is entitled to limit or nate the provision of some or all of the Services to you, and you shall be held liable for any and all consequences arising therefrom.
3.1.3. In no event shall youapply for any user account in the name of another person. The Website is entitled to delete account that is ascertained to be created in violation of this rule. The violator shall be held liable for any and all consequences arising from such violation.
3.1.4. If you are an individual, acknowledge that the Website has the right to verify the authenticity and validity of your and to retain valid copies of any documents as necessary. If you refuse to work with this, the Website is entitled to limit or terminate the provision of some or all of the Services to you.
3.1.5. If you are an authorized person, verify that you have been granted the authorization by your legal entity. Your legal entity agree and acknowledge that all the service requests you submit on the Website are construed as the act of your legal entity. If the subject qualification of your legal entity is terminated due to events such as merger, dissolution, cancellation, bankruptcy or liquidation, or revocation of business license, you shall notify the Website in writing within five (5) business days of such event, and stop using your account registered in the name of this legal entity user on the Website. If you fail to do so, the Website is entitled to cancel your account at any time without liability. You shall be liable for any and all losses scaused to the Website due to your failure to fulfill such notification obligation.
3.2 Account Management
3.2.1.Users of the Website include individuals and authorized persons. (Legal entities allowed to register accounts with the Website include enterprises, governments/public institutions, social groups and other organizations. Select an appropriate type on the registration page at the time of registration)
3.2.2. You are responsible for keeping the information and password of your account secure, and shall avoid using any password that is overly simple. You shall be held legally liable for your acts under your registered account and password. ou shall notify the Website (mailto:userservice@open-ecu.com) immediately you become aware that your account has been compromised or may have been compromised.。
3.2. 3. If you are an authorized person, you shall understand and acknowledge that you agree and authorize the Website to provide your identification to the competent authorities to and verify the authenticity of such information.
3.2. 4. You shall acknowledge that only you have the right to use your account. No user accounts and passwords shall be lent, transferred, inherited or gifted. The Website shall not be held liable for the loss, forgetting or theft of any user account and password due to reasons not attributable to the Website. stopingitYou shall be liable for any loss, damage and other adverse consequences arising from your failure to comply with this provision.
3.2. 5. If the account you are currently using is not the one you originally applied for, you must not use this account to perform login or any other operation, and you are obliged to notify the Website of the situation at the earliest time possible. You shall be solely responsible for and assume all liability for any and all adverse consequences arising from non-compliant operations due to your failure to perform the notification obligation.
3.2. 6. In the event of your violation of applicable laws and regulations, the Agreement or other relevant agreements and rules, the Website is entitled to limit, suspend, freeze or terminate your use of your account and to decide whether to resume such use as appropriate, and yany and all loss arising therefrom.
IV. User Information Protection
4.1. The Website attaches great importance to protecting user information. Personal Information Protection Law of the People’s Republic of ChinaPrivacy PolicyIn the event of any conflict between the Agreement and the above-mentioned or the absence of provisions in the Agreement regarding user information protection, the shall prevail.
4.2. If you suspect that your user information is unduly collected and used by the Website or your right to your user information is infringed upon by any other user, o not hesitate to contact the Website and provide documents of proof of your suspicion as required. The Website will and take actions on the issue in a timely manner.
4.3. You shall read carefully and fully understand each of the terms and conditions of the , which constitutes an integral part of the Agreement, to learn about how the Website collects, uses, stores and protects your user information and the rights you are entitled to.
V. User Code of Conduct
5.1 You shall not maliciously register or acquire any account with the Website for the purpose of improper use of the Services. If the Website determines that the account you are using was maliciously registered or acquired, the Website is entitled to limit, suspend or terminate your use of the account.
5.2 In using the Services of the Website, you must type in your account and password with the Website or and grant personal information-related permissions via the technical interface and login page provided by the Website. You shall be liable for any account and password leak or other losses that may from your failure to comply with this provision.
5.3 You understand and agree that the Website only provides technical services for the login interface on which you need to operate in order to use the Website.
5.4 You must use the Services provided by the Website in accordance with applicable laws, regulations, rules, normative documents and policies as well as all network protocols, regulations and procedures related to websites and Internet services, and shall not use the Website to:
1) publish, transmit, disseminate or store any content that violates national laws, endangers national security and territorial integrity, social stability, public order, good customs and social morality, and involves insults, defamation, obscenity and violence;
2) publish, transmit, disseminate or store any content that infringes upon the legitimate rights of others to reputation, portraits, intellectual properties, trade secrets, among others;
3) falsify facts or conceal truths to mislead or deceive others;
4) publish, transmit or disseminate any advertising information and junk information;
5) use the Website to transmit or publish any content (information) that violates national laws, regulations and policies, any information that involves state secrets and/or security, or any information that impairs the operational security of the Internet;
6) transmit or publish any information that infringes upon the legitimate rights and interests of others and/or other information or content that is detrimental to social order, social security, and public morality, transmit or publish any harassing, defamatory, abusive, threatening, vulgar, obscene or otherwise illegal information, or facilitate any of the above acts by others;
7) interfere with the proper operation of the online service system of the Website or the use of the Services of the Website by other users by technology or any other means;
8) collect user names, emails and other related information of other users of the Services of the Website by any means, or disturb or harass other users by sending spams, chain emails, spam text messages, instant messages, among others; and
9) commit any other acts that violate laws, regulations, policies, public order and good customs, and social morality or adversely affect the proper operation of the Internet.
5.5 Some services of the Website are made available to registered users only. Unless , you shall not:
1) publish any information that involves advertisement, publicity, promotion, among others, through the Website;
2) re-license the Services of the Website to others; or
3) commit any acts beyond the normal functioning of the Website.
5.6 You fully understand and agree that you shall be liable for any and all acts you commit under your registered account, including any content you publish, operation you perform, any authorization you grant, and any consequences arising therefrom.
5.7 If the Website finds or receives any report claiming that the information you published violates the above-mentioned provision or other provision in the Agreement, the Website is entitled to evaluate the situation using its own judgment and use technical means to delete, block or disconnect any links to such information. In addition, the Website is entitled to take actions against you depending on the nature of your act, including but not limited to suspending or terminating of your use of the Services and holding you legally liable. The Website is entitled to determine the compliance of users’ s with theterms and conditionsregarding the provision of Son the . If the Website considers that you have violated the Agreement or any applicable laws and regulations or policies, the Website is entitled to change, suspend or terminate some or all of the Services without notice at any time.
VI. Intellectual Property Statement
6.1. The copyright, trademark right, patent right, business secret and other intellectual property rights to the contents, functions and services (including any technical data, software, websites, trademarks, designs, typesetting methods, texts, images, graphs, audios, videos, and relevant data) provided by the Website are protected by the laws and regulations of the People's Republic of China and applicable international treaties. The owner or technical support provider of the Website is respectively entitled to such intellectual property rights to the extent permitted by law, except for the rights to which the corresponding right holders are legally entitled.
6.2. Your use of the Website may entail using functions, software or services that are developed by any third party and run on the Website. In the event of such use, you shall comply with the Agreement as well as applicable terms and conditions of the third party, and shall respectthe rights of the third-party right holders to such functions, software, and services and the content .
6.3. You shall not , utilize or transfer any of the above-mentioned intellectual property rights, or permit any third party, for any commercial or non-commercial purposes without the written consent of the Website or the corresponding right holders.
VII. Services Provided by Third Parties
7.1. The Services provided on the Website may use third-party technologies or software, and such use has been legally authorized. Your signing of the Agreement and your continued use of the Services will mean that you accept the provision of services by such third-party technologies or software.
7.2. Any dispute arising from third-party technologies or software used on the Website shall be resolved by the third party. In addition to the terms and conditions of the Agreement, your use of the products or services provided on the Website is also subject to relevant third-party agreements. The Website and the third party shall be respectively liable for the resulting dispute to the extent permitted by law or agreed upon between the parties.
VIII. Risks and Disclaimers
8.1. You understand and agree that:the Website will leverage processor, bandwidthand other resources of your terminal device; your use of the Website may incur data traffic charges that will be paid by you, and you will need to consult yourInternet service provider about the pricing details.
8.2. In using the Services provided by the Website, you shall assume any and all risks beyond the control of the Website, including but not limited to:
1) loss or leak of information that may be caused by irresistible factors such as computer viruses, Trojan horses or other malicious programs, and hacker attacks;
2) failure of the user's computer system, software, hardware and communication line;
3) improper operations by the user or use of the Services in a way not authorized by the Website;
4) risks and responsibilities arising from the communication of user-posted contents by reposts and shares by other users;
5) failed login, incomplete data synchronization, and slow page loading due to unstable network connection and other reasons; and
6) other situations beyond the control of or not reasonably foreseeable by the Website.
8.3. You shall liable any and all loss due to reasons attributable to you, including but not limited to: failure to perform operations as instructed, failure to perform operations within the specified timeframe, forgetting or leak of passwords and verification codes, cracking of passwords by others, intrusion into computer or other physical asset and terminal device intrusioninto the software you use, and fraudulent of your personal biometric information by others.
8.4. You understand and agree that the Website is entitled to change, suspend, limit, terminate or some or all of the Service of the Website to suit its evolving business needs by prior notice.
8.5. The Website will provide services for you based on the type of service you choose. You understand and agree that the Website is entitled to choose who to provide services for or work with, to decide who and to what extent to make function and data interfaces to and to disclose relevant data to, and to suspend or terminate services for Users who commit any of the following acts, which include but are not limited to:
1) violating applicable laws and regulations or any terms and conditions of the Agreement;
2) affecting the user experience;
3) posing potential safety hazards; and
4) violating the service operation principles of the Website, or failing to meet other management requirements of the Website.
8.6. Due to circumstances such as the instability of the Internet itself, the Website does not guarantee that the Services will be provided uninterruptedly. The Website to the User for the inability to use or limited use of the Services by the User arising from the improper functioning of the system under such circumstances, which include but are not limited to:
1) The system of the Website is shut down for maintenance;
2) The telecommunication equipment experiences any failure that prevents it from transmitting data;
3) The service is interrupted or delayed due to any hacker attacks, technical adjustments or faults on the part of the Internet service provider, website updates, problems with the bank, among others; and
4) The system cannot function properly due to failures caused by force majeure events such as typhoons, earthquakes, tsunamis, floods, power outages, wars, terrorist attacks and infectious diseases.
IX. Legal Liabilities
9.1. You understand and agree that the Website is entitled to use its reasonable judgement to deal with violations of applicable laws and regulations or any terms and conditions of the Agreement, take legal action against anyviolator, and retain and submit relevant information to competent as stipulated in applicable agreements and laws and regulations. You shall be solely responsible for and assume all liability for your violation of applicable laws and regulationsany terms and conditions of the Agreement.
9.2. You understand and agree that you shall be solely responsible and assume all liability for any third-party claims, demands or losses arising out of or in connection with your violation of the Agreement or other relevant agreements, and shall and hold harmless the Website against any and all direct or indirect losses arising therefrom.
9.3. You understand and agree that your claim against the Website shall be limited in all cases to the incurred direct losses.
X. Agreement Updates and Modifications
10.1. Agreement Updates
The Agreement also contains any in connection with the Website releasedshall constitute an integral part of the Agreementbe equally binding.If you refuse to abide by any of such contents, you will have to stop using the Service the Websiteimmediately.
10.2. Agreement Modifications
Once you use the Services of the Website, you will be deemed to have read and agree to be bound by the Agreement. The Website is entitled to modify the terms and conditions of the Agreement as necessary. In using the Services, you can check for the latest terms s of the Agreement on the corresponding webpage. If you continue to use the Services of the Website after any modifications have been made to the Agreement, you will be deemed to have accepted the . If you do not accept , you will have to stop using the Services of the Website and cancel your account.
10.3. Agreement Signing
If you have any questions or concerns about any terms and conditions of the Agreement, please feel free to consult the Website(mailto:userservice@open-ecu.com). Once you click the "Agree", "Accept" or "Register" button and get registered successfully, you will enter into a contractual relationship with the Website and be bound by the terms and conditions of the Agreement.
XI. Governing Law and Jurisdiction
11.1. The Agreement is signed and executed in Pudong New Area, Shanghai, the People's Republic of China.
11.2. The conclusion, modification, performance and interpretation of the Agreement and the settlement of disputes in connection with the Agreement shall be governed by the laws of the People's Republic of China.
11.3. Any disputes arising from or in connection with the Agreement or the services shall be resolved by filing a lawsuit in a People's Court in the jurisdiction where the Agreement is concluded.
XII. Notice and Delivery
12.1. All notices of the Website may be delivered to you by emails or conventional letters using the contact information the Website has on file, or by announcements at prominent positions on the Website. The Website will using any one of the above-mentioned methods to communicate to you about any modifications to any terms of service, any changes in the Services or other important matters.
12.2. You shall guarantee and maintain the validity of information. You shall be liable for any and all consequences arising from your failure to get , services, complaint handling, dispute mediation, or technical support in time due to falseness, invalidity or other issues with your information.
12.3. The Website may, from time to time, send you notices, reminders, verification messages and other notifications related to the Services of the Website, by any one or a combination of these methods: webpage announcement, email, text message, in-site information update, and instant messaging tool.
12.4. The Parties shall ensure that their contact information is true and valid. A notice shall be deemed to have been delivered and received on the date on which the notice is sent.
XIII. iscellaneous
13.1. The Agreement shall take effect as of the date on which you agree to register or log into an account for your use (whichever is earlier). The Agreement will remain valid unless it is terminated by the Website or you are no longer qualified as a User of the Website. The termination of the Agreement does not exempt the User from the obligations and responsibilities hereunder or other relevant agreements and rules.
If any portion of the Agreement is for any reason held invalid or unenforceable, the remainder of the Agreement shall continue to be valid and binding upon the Parties.