Service agreement

The Service Agreement is a valid contract between China Mobile IoT Company Limited (hereinafter referred to as “CMIoT”) and you on matters related to data visualization View service. You can select to accept the Service Agreement by affixing the seal, clicking to acknowledge on the web page or by other means, including but not limited to the fact that you use the data visualization View service rendered by CMIoT without clicking to acknowledge the Service Agreement, which means that you have reached an agreement with CMIoT and agree to accept all the agreed contents under the Service Agreement. In case of inconsistency between the text affixed with seals of both parties and the text of the service agreement which is acknowledged by clicking on the web page or otherwise, the text affixed with seals of both parties shall prevail. With regard to the Service Agreement, special attention shall be paid to the restrictions and exemption provisions, the provisions on determination and handling of your violation or breach by CMIoT, and the provisions on selection of the competent court, etc. The restrictions and exception provisions may be highlighted in bold or underlined form. Before accepting the Service Agreement, please carefully and thoroughly read the Service Agreement. If you have any question about the terms of the Service Agreement, please contact the competent business departments of CMIoT, and CMIoT will explain the terms to you. If you do not accept any content of the Service Agreement, or you fail to accurately understand the interpretation of the Agreement by CMIoT, please do not carry out any subsequent operation.

1. Service content

1.1. “The Service” under the Agreement means the data visualization View service rendered by CMIoT as demonstrated on website open.iot.10086.cn, as well as related technical and network support services.

1.2. The services rendered by CMIoT shall comply with the provisions of the Service Agreement.

2. Service fees

2.1. Payment method: the data visualization View service adopts the graded payment method, and a free starter edition is available for experience.

2.2. The fees for the graded edition will be listed and announced on the page, and you can check the corresponding relationship between features and prices by yourself.

2.3. CMIoT reserves the right not to render the respective services and/or technical support to you, or to terminate the service and/or technical support before you have paid all the fees as agreed.

3. Rights and obligations

3.1. Your rights and obligations

3.1.1. You agree to observe the Service Agreement and the relevant management rules and procedures on the service demonstration page. You understand that the above agreements and specifications may be subject to changes from time to time. In case of any change to the Service Agreement, CMIoT shall inform you of such changes through an announcement on the appropriate page on open.iot.10086.cn 30 days in advance. If you do not accept the modifications to relevant terms of the Service Agreement made by CMIoT, you have the right to stop using the service from CMIoT. In such case, CMIoT shall settle the service fees (if any) with you. If you continue to use the services rendered by CMIoT, it will be deemed that you have accepted the modifications made by CMIoT to the relevant terms of the Service Agreement.

3.1.2. You shall pay the respective service fees according to the prompt from CMIoT and the Service Agreement.

3.1.3. You shall be committed that in the process of using the data visualization View service:

3.1.3.1. You shall not carry out any behavior destroying or attempting to destroy network security (including but not limited to phishing, hacking, network fraud, website or space containing or suspected of spreading viruses, Trojans or malicious codes, or suspected attacks on other websites or servers through virtual servers, including scanning, sniffing, ARP spoofing and DDOS);

3.1.3.2. You shall not carry out any behavior which may change or attempt to change the system configuration provided by CMIoT or damage the system security and network security;

3.1.3.3. You shall not modify, translate, adapt, rent, sublicense, disseminate or transfer on the information network the software or services provided by CMIoT, nor shall you reverse engineer, decompile or attempt to otherwise discover the source code of the software provided by CMIoT;

3.1.3.4. Without prior written consent from CMIoT, you shall not copy, disseminate, transfer, license or provide others to use the data visualization View service rendered by CMIoT;

3.1.3.5. You shall not spread e-mail advertisement and SPAM: you shall not use the services rendered by CMIoT to spread a large number of undesirable or unsolicited e-mails, electronic advertisements or e-mails containing reactionary, pornographic and other harmful information;

3.1.3.6. You shall not upload, download, store and publish the following information or content by using the resources and services provided by CMIoT, and shall not facilitate others to publish such information (including but not limited to setting URL, BANNER link, etc.):

3.1.3.6.1. Political propaganda and/or news information in violation of state regulations;

3.1.3.6.2. Information involved with state secrets and/or security;

3.1.3.6.3. Feudal superstitious and/or obscene, pornographic, filthy information or information abetting crime;

3.1.3.6.4. Gambling prizes, gambling games, “private service” and “plug-in” and other illegal Internet publishing activities;

3.1.3.6.5. Information against national and religious policies;

3.1.3.6.6. Information hindering the safe operation of the Internet;

3.1.3.6.7. Information infringing upon the legitimate rights and interests of others and/or other information or content detrimental to social order, public order and public morality;

3.1.3.6.8. Other contents violating the laws and regulations, departmental regulations or national policies.

3.1.3.7. You shall not take up or cause programs or processes, etc. to take up a lot of server memory, CPU or network bandwidth resources in the platform (“cloud platform”) composed of CMIoT computing resources (e.g. access machine, API, storage space) and bring major and unreasonable load onto CMIoT’s or other users’ networks, servers (including local, non-load and international networks and servers), products/applications, etc., which will affect the proper and smooth connection between CMIoT and the Internet, between CMIoT and specific networks and servers or within CMIoT, or will lead to the downtime or crash of CMIoT’s products and servers or the servers of other users, or inaccessibility of the users based on CMIoT’s products/applications.

3.1.3.8. You shall not use the data visualization View service in any way or for any purpose that will violate national or local laws or regulations, industry practices or social public morality, or will or may affect or damage the interests of CMIoT.

3.1.3.9. You shall not engage in other illegal acts or violations against the service agreement with CMIoT.

3.1.3.10. Once CMIoT finds that you have violated the above terms, it reserves the right to take measures as appropriate, including but not limited to immediate termination of service, suspension of service or deletion of respective information. Should a third-party organization or individual raise any question or complaint against you, CMIoT will inform you, and you are responsible for clarification and providing supporting information within the specified period. If you fail to provide evidence to the contrary or you fail to give feedback within the specified period, CMIoT will take measures including but not limited to immediate termination of service, suspension of service or deletion of respective information. If you cannot be contacted due to your failure in updating your contact information in time or due to your incorrect contact information, it will also be deemed that you have failed to provide feedback within the time limit.

3.2. Rights and obligations of CMIoT

3.2.1. CMIoT shall provide services in accordance with the Service Agreement.

3.2.2. CMIoT will eliminate your failures caused by non-human errors, except for matters due to your reasons and/or force majeure as well as those beyond the control of CMIoT.

3.2.3. CMIoT shall observe the confidentiality obligations.

4. Confidentiality provisions

4.1. Confidential information means all technical and non-technical information (including but not limited to product information, product plan, price, financial and marketing planning, business strategy, customer information, customer data, R \& D information, software and hardware, API application data interface, technical description, design, special formula, special algorithm, etc.) disclosed by one party to the other party.

4.2. Either party to the Service Agreement agrees to keep the above confidential information of the other party confidential and shall require the employees having access to the above confidential information to observe the confidentiality obligations herein. The party receiving the confidential information shall not disclose it to the public unless it is required by the government agencies according to the laws or the above-mentioned confidential information has been made public.

4.3. Both parties to the Service Agreement expressly agree that the confidential information is the key confidential information of both parties and is their important assets. Both parties to the Service Agreement agree to do their best efforts to protect the above confidential information from being disclosed. Once disclosure of any of the above confidential information is found, both parties shall cooperate and take all reasonable measures to avoid or mitigate the damage.

4.4. The Agreement shall not become invalid due to the termination of the Service Agreement.

5. Term and termination

5.1. You can enjoy the data visualization View service of CMIoT from the date of subscription.

5.2． The Service Agreement will be terminated if:

5.2.1. Both parties agree to terminate the Agreement;

5.2.2. You commit major breach of the Service Agreement (including but not limited to a. your failure in performing the payment obligations as agreed, and/or b. your major violation against any law or regulation, etc.). In this case, CMIoT shall be entitled to suspend or terminate the Service, and to terminate the Service Agreement in advance. If you have to pay the outstanding service fees, you shall pay the fees owed.

5.2.3. You understand and fully recognize that although CMIoT has established (and will keep improving according to the development of technologies) necessary technical means to defend against matters or behaviors endangering network security, including computer viruses, network intrusion and attack damage (including but not limited to DDOS) (hereinafter referred to as “the Behaviors”), considering the limitations and relativity of network security technologies and unpredictability of such behaviors, if your website encounters such behaviors and endangers CMIoT or other networks or servers of CMIoT (including but not limited to local, non-local and international networks and servers, etc.), or affects the smooth communication between CMIoT and the Internet, or between CMIoT and specific networks or servers and within CMIoT, CMIoT may decide to suspend or terminate the Service. If the Service is terminated, the service fees will be calculated according to the actual service rendered, and you shall still pay the outstanding service fees (if any).

5.2.4. CMIoT may terminate the Service Agreement by making an announcement on open.iot.10086.cn or by sending you a station notice or written notice 30 days in advance. Then, CMIoT shall return the amount you have paid but not consumed via the original path.

6. Liability for breach

6.1. Any party to the Service Agreement shall be liable for breach in accordance with applicable laws.

6.2. You understand that in view of the particularity of computers and the Internet, the following conditions are not regarded as breach by CMIoT:

6.2.1. Interruption of service for a short time required by upgrading and maintaining services by CMIoT;

6.2.2. Your access to the website at reduced speed due to the blocking of Internet access.

6.3. If you are prevented from using the Service properly for 72 consecutive hours due to reasons on part of CMIoT, you may terminate the service, except for reasons beyond the control of CMIoT.

6.4. Under no circumstance shall CMIoT be liable for any indirect, consequential, punitive, accidental or special damages, including the loss of profits incurred to you by using the data visualization View service supplied by CMIoT (even if you have been informed of the possibility of such losses).

7. Force majeure

7.1. If the performance of the Service Agreement becomes impossible, unnecessary or meaningless due to force majeure or other unforeseen incidents, the party suffering from the force majeure or incident shall not assume any liability.

7.2. Force majeure or unforeseen incidents refers to the objective events that cannot be foreseen, overcome and avoided, and will have significant impacts on either or both parties, including but not limited to natural disasters, including floods, earthquakes and epidemics, and social events, including war, turmoil, government behavior, interruption of telecommunication trunk lines, hackers, network blocking, technical adjustment by telecommunication departments and government regulation.

8. Governing law and dispute resolution

8.1. The Service Agreement is governed by applicable laws of the People’s Republic of China.

8.2. In case of any dispute during the performance of the Service Agreement, both parties shall immediately settle it through negotiation. If the negotiation fails, both parties shall submit the dispute to Chongqing Arbitration Commission for arbitration.

9. Supplementary provisions

9.1. The service description and price description by CMIoT on relevant pages of open.iot.10086.cn and the subscription page you have acknowledged are an integral part of the Service Agreement. If there is any inconsistency between the service description or price description on relevant pages of open.iot.10086.cn or the subscription page you have acknowledged and the Service Agreement, the Service Agreement shall prevail.

9.2. CMIoT reserves the right to transfer all or part of the rights and obligations under the Service Agreement to any affiliate of CMIoT by publishing a notice on open.iot.10086.cn, or by sending you a station notice or written notice 30 days in advance.

9.3. If any provision, by nature or otherwise, should survive the termination of the Agreement, it shall be deemed to be a surviving provision. These provisions include but are not limited to provisions on warranty, confidentiality, intellectual property right, governing law and dispute resolution.