Updated on: March 31, 2022
Date of coming into effect: April 5, 2022
Preface
To use SundrayCloud APP products and related services, please carefully read and fully understand all the terms and conditions of this Agreement. In particular, the clauses exempting or restricting the responsibilities of Sundray Technology Co., Ltd. (hereinafter referred to as "Sundray" or "We"), the clauses restricting your rights, the clauses agreeing on dispute resolution methods and jurisdiction, and targeted or special agreements or rules. Restrictions, exemption clauses or other clauses involving your major interests will prompt you to pay attention in bold and underlined forms.
Please do not use SundrayCloud APP unless you have fully read, fully understood and accepted all the terms of this Agreement. You shall be deemed to have read and agreed to sign this Agreement if you enter and use SundrayCloud APP by registration or login, or use it directly by any other means such as account access, or accept this Agreement in any express or implied way.
Unless otherwise agreed by Sundray and you, this Agreement shall become a binding legal document for both parties as of the effective date stated at the beginning of this article.
Important definition
SundrayCloud APP/SundrayCloud: It refers to a mobile management tool for wireless/wired equipment developed by Sundray, which can view and manage the operation of equipment in real time and conveniently by accessing centralized management, and help users achieve efficient operation and maintenance.
SundrayCloud Enterprise Users: It refers to individuals or organizations that use wireless/wired devices that can be accessed to SundrayCloud APP for centralized management, including but not limited to legal persons, government agencies, other organizations, partnerships or individual industrial and commercial households (referred to as "enterprise users").
SundrayCloud End User: It refers to the relevant individuals who use SundrayCloud according to the actual operation authorized/specified by enterprise users according to their own internal personnel, And other individuals who use SundrayCloud after being delegated or assigned by an individual authorized/designated by the enterprise user (as such persons are generally asset managers or security administrators of the enterprise user, the SundrayCloud end user is referred to as "Administrator" or "You" in this Agreement).
Users: SundrayCloud enterprise users and SundrayCloud end users are collectively referred to as "users."
Personal information: It refers to all kinds of information related to identified or identifiable natural persons recorded electronically or by other means, excluding information after anonymization.
Personal sensitive information: It is personal information that will easily lead to infringement of natural person's personal dignity or endanger personal and property safety once leaked or illegally used, including biometrics, religious belief, specific identity, medical and health care, financial accounts, whereabouts and other information, as well as personal information of minors under the age of 14.
Personal information handler: It refers to the organization or individual who has the right to decide the purpose and method of processing relevant personal information involved in the use of SundrayCloud. To be specific, Sundray provides wireless/wired equipment for enterprise users based on their needs, and then provide the functions and related services of SundrayCloudAPP based on the needs of enterprise users to efficiently manage equipment, therefore, for the personal information related to administrators involved in the use of SundrayCloud APP, the enterprise users to which you belong are personal information processors, and Sundray only acts as trustees, and collects, stores, uses, processes, transmits, provides, discloses and deletes the relevant personal information according to the needs of enterprise users and their administrators and instructions such as operation and configuration.
Article 1 General Provisions
1.1 Subject of a Contracting Party: This Agreement is jointly concluded by users who use SundrayCloud functions and related services through mobile applications (APP) and Sundray. You and Sundray may be referred to as one party when mentioned separately and both parties when mentioned together below.
1.2 Legal Operation Guarantee: Both contracting parties guarantee that they have obtained legal business qualification or government approval in accordance with relevant state regulations, and have the right to operate their own products or services according to law. Both parties further guarantee that they will continue to have the business qualification or examination and approval procedures required by relevant national regulations during the validity period of this Agreement. Sundray provides you with relevant products and services according to the contract or your authorization, but will not participate in the operation of your business or related websites, applications, software and platforms. Any products, services and related contents such as your websites, applications, software and platforms will be operated by you and bear full responsibilities.
1.3 Application of Legal Norms: Users should assess whether products or services meet the requirements of local laws, regulations and policies, especially the license or approval of cross-border data transmission and cross-border networking; At the same time, you should also ensure that your business or non-business activities, relevant qualifications/licenses and all behaviors of using products/services meet the requirements of local laws, regulations and policies.
1.4 Content and Validity of the Agreement
1.4.1 This Agreement includes the text of this Agreement and all privacy protection policies, other relevant policies, rules, statements, notices, warnings, tips and explanations (hereinafter referred to as "Rules") that we have issued or may issue in the future, including but not limited to "Privacy Protection Policies", etc. The aforesaid rules are an integral part of this Agreement and have the same legal effect as this Agreement.
1.4.2 This Agreement only applies to the functions and other related services provided by SundrayCloud, does not apply to services provided by any other third party through SundrayCloud, such as any application, applet, H5 and other services created through SundrayCloud Open Platform Related Data Application Development Interface API, or services provided by integrating other third-party SDKs or calling third-party API data interfaces (collectively referred to as "third-party services”). Prior at choosing to use third-party services, you should fully understand and confirm whether you accept the agreements or rules applicable to third-party services.
1.4.3 No part of this Agreement is invalid or unenforceable for any reason, which shall not affect the legal effect of the rest. The proprietary agreements or rules shall prevail in case of any inconsistency between the terms of this Agreement and the proprietary agreements or rules applicable to the specific product functions/services you use. This Agreement shall prevail in case of any conflict between the terms of this Agreement and the terms of the Purchase Contract signed by you with Sundray or Sundray Authorized Distributor in specific projects.
1.4.4 You agree that Sundray can update the text of this Agreement or related rules from time to time, and the changed agreement or rules will be notified to users through the APP login interface or by using the interface pop-up window based on the real-time, complex and efficient characteristics of the Internet, as well as legal norms, regulatory requirements, policy adjustments and other reasons. You should immediately stop using SundrayCloud APP and related services if you disagree with the relevant changes in the agreement. It means that you have fully read, understood and agreed to accept the revised and updated agreement if you continue to use it.
Article 2 Registration, Use and Management of Account Number
2.1 Account Registration
2.1.1 Any user who uses SundrayCloud shall have the necessary and appropriate rights and behavior ability according to law, complete the registration according to the requirements of real-name authentication or obtain the right to use the SundrayCloud account through other methods permitted by Sundray and should consciously abide by relevant norms and restrictions when registering accounts, including but not limited to not maliciously registering and using SundrayCloud accounts (malicious registration referred to in this article includes but not limited to frequent registration, batch registration of accounts, abuse of multiple accounts, buying and selling accounts, etc.).
2.1.2 You understand and agree that, the ownership of all types of registered accounts of SundrayCloud belongs to Sundray. You only get the right to use the accounts after registration. The right to use the SundrayCloud account only belongs to the initial applicant. Your account number and password shall not be rented, transferred, donated or inherited in any way (except the property rights related to the account number) or provided to others for use unless stipulated by law or judicial ruling or with the written consent of Sundray. Otherwise, Sundray has the right to take back the account number immediately, and you shall bear the losses such as emptying or losing all the data and information generated by your use of SundrayCloud.
2.1.3 We will default that the end users who use SundrayCloud are all adults based on the function and positioning of SundrayCloud. In case enterprise users need to authorize minors to register and use SundrayCloud as administrators, the consent of their guardians should be obtained in advance, and the true identity of their authorized minor end users and their guardians should be verified through the ID number, and special protection should be paid to the legitimate rights and interests of minor end users such as personal information during the whole authorized use period.
2.2 User Profile
2.2.1 Users shall fill in and submit true, legal and valid materials (collectively referred to as "user materials") as required, including but not limited to user name, contact person, email address, contact telephone number, In addition, you agree to submit information including but not limited to business license, qualification license documents, business related instructions, etc. as required by Sundray, so that Sundray can authenticate the user's identity by itself or entrust a third party according to the requirements of relevant laws and regulations, or when necessary, use it to verify the authenticity and legality of the business conducted by the user using SundrayCloud. You should notify Sundray in writing in time or update it by yourself according to SundrayCloud's rules if the aforementioned user information is changed.
2.2.2 Users should ensure that there will be no illegal and bad information in their registered account name, set avatar and profile, and that they will not pretend to be others or use other people's names, portraits or trademarks/logos without authorization, and ensure that they will not infringe upon the legitimate rights and interests of others during the whole account service life.
2.3 Code of Conduct for Account Use: Users should consciously assume the legal obligations related to the account subject during logging in to the SundrayCloud account and using related functions/services, including but not limited to not using SundrayCloud account or any function/service to violate laws, regulations or policy requirements, not using various technical means to interfere with SundrayCloud operation or Sundray's operation and management of SundrayCloud, or maliciously bypassing or confronting the rules of related functions/services, etc.
2.4 Account Security Protection
2.4.1 The account number will be used as the identification basis for users to use SundrayCloud. You should take necessary and effective protection measures for the account name, password and other information and the security of the account number (including but not limited to effective permission control, setting high-strength passwords and changing them regularly, etc.).
2.4.2 You should immediately notify Sundray in an effective manner and provide necessary information (such as user information, situation description, certification materials and specific demands, etc.) if you find that others have stolen your account number and password, or obtained your account number permission without your legal authorization. Sundray will handle it according to laws, regulations and agreements/rules after receiving your valid notice and verifying your identity and facts. You shall bear the relevant responsibilities and consequences arising from Sundray's handling according to this article. You shall bear the losses caused by it if the information provided by you is defective, resulting in Sundray failing to handle it in time due to its inability to verify your identity or judge your needs. At the same time, you understand that it takes a reasonable time for Sundray to process your request, and Sundray does not assume any responsibility for the losses you have suffered before Sundray took the measures and the losses caused by reasons not attributable to Sundray after taking the measures.
2.5 Account Management
2.5.1 You should also establish and improve the internal management system and standardize the use and management of accounts in addition to the security protection of accounts. You are obliged to notify us immediately and at the same time take appropriate actions to stop and correct the relevant violations/breaches, and be responsible for all relevant responsibilities if any user actually violates this Agreement or other relevant rules or agreements.
2.5.2 You understand and agree that: Sundray will have the right to comply with relevant laws and regulations or this Agreement and other relevant agreements as the operator of SundrayCloud, take necessary measures including but not limited to restricting, suspending or terminating access to/use of SundrayCloud or other related services in case of any user's violation of this Agreement or other relevant rules/agreements or disputes related to account rights, so as to ensure the safe and effective operation of SundrayCloud as much as possible. Moreover, Sundray has the right to independently evaluate and establish the credit management system of the user account, and provide services or other related rights and interests protection for the user according to the credit evaluation of the user account during its use.
2.6 Restriction and Termination of Account Permission
2.6.1 Account cancellation
The administrator can cancel the SundrayCloud account according to the prompt through the [Settings-Account Cancellation] interface, except that the user of your enterprise has set corresponding restrictions or approval procedures when authorizing you to become an end user, and any account cancellation must meet the following conditions:
2.6.1.1 The account number is in a normal state, does not involve any disputes (including complaints or complaints), and has not been taken restrictive measures by the competent authorities;
2.6.1.2 There are no outstanding transactions in the account number;
2.6.1.3 There are no other outstanding rights and obligations in the account number or disputes that may arise due to the cancellation of the account number;
2.6.1.4 There are no other circumstances that may affect account cancellation.
Sundray will stop providing all functions and services of SundrayCloud for users who have officially cancelled their accounts. We will properly handle the relevant data according to the requirements of applicable laws and regulations and the relevant agreements (if any) with you or the users of your enterprise after the account is cancelled.
2.6.2 To protect the security of the user account, Sundray has the right to independently detect and judge the abnormal access behavior and take corresponding measures. For example, Sundray has the right to restrict its login function to protect the security of the user account for an account that has not logged in for a long time after registration or has no access record for a long time after registration, and the user needs to reactivate the account before it can be used normally. The activation methods include but are not limited to verifying the email verification code.
2.6.3 Sundray has the right to withdraw or terminate the license for your account when the user violates the relevant provisions of this Agreement or other conditions for suspension or termination of the account license agreed by both parties are established.
Article 3 Product Functions and Services
3.1 Service Content
3.1.1 SundrayCloud can provide users with various wireless, wired and Internet of Things device management functions and services.
3.1.2 To ensure the safe and stable operation of various functions and related services during your use of SundrayCloud, Sundray will try its best to carry out comprehensive operation and maintenance management, and will strive to develop and continuously optimize related functions/services according to users' needs and usage.
3.1.3 You may need Sundray to provide corresponding technical support services from time to time in the process of using SundrayCloud or wireless/wired equipment provided by Sundray and other related services, and Sundray will provide corresponding solutions to users according to specific demand scenarios and signed contracts.
3.2 Description of costs
3.2.1 Users do not need to pay a separate fee when using the functional services provided by SundrayCloud APP, but users understand and agree: Sundray has the right to decide on its own and adjust the types of functions/services that users can use free of charge, as well as the free use period or other conditions to be met (Sundray reserves the right to charge for any functions/services that are not indicated in writing to be provided to users free of charge) and will only provide users with corresponding technical support and guarantee within the scope of applicable laws and regulations or Sundray's explicit statement.
3.2.2 Sundray has the right to stop providing all or part of the functions/services of this platform to users without prior notice. And the user understands and agrees: The operation and maintenance management of any platform or technical service requires a certain cost. If the user puts forward relevant demands to Sundray beyond the scope of functions/services provided by Sundray free of charge (including but not limited to accessing or exporting relevant usage data), in addition to confirming that these demands do not violate relevant legal norms or requirements and do not infringe upon the legitimate rights and interests of other third parties, Sundray has the right to independently assess the rationality of users' demands, the time limit or other necessary conditions required to respond to users' demands, and has the right to require users to bear the reasonable costs required to meet their demands.
3.2.3 Users should pay attention to: You should pay the Internet access fees, traffic fees, communication fees and information fees charged by other third parties when using the functions and services of this platform.
3.3 Restrictions on Use
3.3.1 Information content specification
You undertake to abide by applicable laws and regulations, observe public order and respect social morality, and shall not produce, reproduce, publish or disseminate information containing the following contents, or intentionally provide technical support or any convenience/help for the production, reproduction, publication and dissemination of information containing the following contents during your use of SundrayCloud:
3.3.1.1 Endanger national security, honor and interests, divulges state secrets, incites subversion of state power, incites secession and undermines national unity;
3.3.1.2 Propagate terrorism, extremism, ethnic hatred and discrimination, undermine national unity, undermines national religious policies, and propagate cults and feudal superstitions;
3.3.1.3 Fabrication and dissemination of information that disturbs financial markets or economic order;
3.4.1.4 Fabrication and dissemination of information about dangerous situations, epidemics, warnings, natural disasters, production safety, food and drug product safety and other aspects that disturb social order;
3.3.1.5 Counterfeit information disseminated under the guise of state institutions, social organizations and their staff or other legal persons, or information disseminated in the name of others for the purpose of committing crimes;
3.3.1.6 Spread information that incites illegal assembly, association, procession, demonstration or other information that disturbs social management order and undermines social stability;
3.3.1.7 Disseminate obscene pornography, violence, gambling, murder and terror information, as well as information on abetting crimes, teaching criminal means and methods, manufacturing or trading prohibited articles and controlled articles, committing fraud and other illegal and criminal activities;
3.3.1.8 Insult or slander others, infringe on others' reputation, privacy, intellectual property rights or other legitimate rights and interests, and endanger minors' physical and mental health and is not conducive to their healthy growth;
3.3.1.9 Other information prohibited by applicable relevant laws and regulations.
3.3.2 Software usage specification
You promise not to commit or assist/instruct others to the following behavior during your use of SundrayCloud:
3.3.2.1 Dissemination of software viruses or other computer codes, programs or related information that may interfere with, destroy or restrict the functions of any computer software, hardware or communication equipment by uploading, publicly publishing or directing;
3.3.2.2 Illegally intrude, destroy, interfere with, change or attempt to change the operation or connection of SundrayCloud's related functions, software, server system and network by technical means, or modify, add, delete, steal, intercept or replace the data in SundrayCloud's client or server system, or illegally occupy the server space of SundrayCloud, or performs other acts that make it overloaded;
3.3.2.3 Excavate/detect possible vulnerabilities or defects in SundrayCloud software or server system by scanning without authorization, or publish vulnerabilities or defects in violation of relevant laws and regulations, or use relevant vulnerabilities or defects to engage in any acts that damage SundrayCloud and Sundray;
3.3.2.4 Make, distribute and disseminate software, media, methods, etc. for the above purposes, whether or not the relevant acts are for commercial purposes.
3.3.3 Other codes of conduct: We should always act cautiously, strictly avoid engaging in any behavior that violates the applicable laws and regulations or national system/policy requirements, infringes on national interests or citizens' legitimate interests, undermines public order, social morality and information authenticity, and other "seven bottom lines" requirement during the whole period of using SundrayClouds. It shall not engage in any acts that infringe upon the legitimate rights and interests of other users or third parties, interfere with the normal operation or product operation of Sundray, or other acts that Sundray does not explicitly authorize, and the user promises not to provide any convenience or help to other third parties in the aforesaid acts.
3.3.4 Specifications for handling violations
The user agrees and accepts that Sundray has the right to continuously supervise and review its use of SundrayCloud functions and other related services. If Sundray finds that you have any violation of all the terms before Clause 3.3, or receive questions or complaints from third-party organizations or individuals about your illegal or infringing acts, Sundray will have the right to verify or verify relevant behaviors or information contents, and take corresponding disposal measures according to specific conditions, including but not limited to immediately suspending/terminating the use of relevant functions/services, deleting corresponding information and reporting to relevant departments, etc., and have the right to require you to submit relevant explanations or certification materials within the time limit as necessary, for which you agree to cooperate. The losses caused to you by Sundray taking corresponding measures under the above circumstances, Sundray does not bear any legal liability, and Sundray reserves the right to pursue your legal liability and claim all losses suffered from you (including but not limited to investigation fees, litigation/arbitration fees, attorney fees arising from defending rights, and business losses or claims suffered therefrom, etc.).
3.4 Service Termination and Termination
3.4.1 To provide users with more perfect and high-quality products/services, Sundray has the right to regularly or irregularly overhaul, maintain, upgrade and optimize SundrayCloud applications or related infrastructure/equipment, systems, software, etc. (collectively referred to as "routine maintenance"). Sundray does not have to bear the liability for breach of contract or damages to users if SundrayCloud functions/services are interrupted or suspended within a reasonable time due to routine maintenance. However, Sundray should notify users of routine maintenance matters in advance. Sundray will notify users as soon as possible if unconventional maintenance is required due to force majeure, fault of basic operators and other reasons.
3.4.2 To ensure the safety and stability of products/services, Sundray may make major adjustments such as computer room/data migration and equipment replacement, which may cause the interruption or suspension of SundrayCloud related functions/services within a reasonable time. Sundray does not need to bear the liability for breach of contract or damages to you, but Sundray will notify the user in advance and the user should cooperate. The resulting consequences will be borne by the user himself if the user does not cooperate with the adjustment, or Sundray cannot get in touch with the user.
3.4.3 Sundray has the right to adjust or terminate some or all functions/services of SundrayCloud at any time according to its own operational arrangements (including but not limited to offline, iterative and integrated related functions/services, etc.). However, Sundray should notify users at least 30 days in advance, so that users can make preparations for data transfer backup or business adjustment, and avoid unnecessary costs or losses as much as possible.
3.4.4 User understands and agrees that when the service suspension or termination conditions agreed by Sundray with user through the terms of this Agreement or other means are established, Sundray has the right to suspend or terminate the service agreed to by user by sending unilateral notice:
3.4.4.1 Conditions for termination of service referred to in this article include, but are not limited to: Temporarily unable to use SundrayCloud related functions/services due to the user's refusal to agree to the renewal of this Agreement or other relevant rules, or the user's failure to renew the fee in time after the expiration of the license period, or other user's own reasons such as the user's violation of various obligations agreed in this Agreement;
3.4.4.2 Termination of service conditions referred to in this article include, but are not limited to: The user fails to renew the fee in time for a certain period of time, or fails to meet the necessary conditions for using SundrayCloud related functions/services due to the user's violation of the obligations agreed in this Agreement, or causes actual damage to Sundray due to the user's violation of laws and regulations.
Article 4 Rights and Obligations of Both Parties
4.1 Sundray and the Terms and Conditions of this Agreement grant user a non-transferable, non-exclusive, non-sublicensible and revocable license to use SundrayCloud related functions and services provided by Sundray to users. In addition, all other rights not expressly granted to the user by the Terms and Conditions of this Agreement shall remain reserved by Sundray, and the user shall obtain the written permission of Sundray when exercising these rights, and the failure of Sundray to exercise any of the aforesaid rights shall not constitute a waiver of such rights.
4.2 Users should use SundrayCloud subject to relevant rules and restrictions. The user's use of SundrayCloud's functions and services under this Agreement is limited to non-commercial purposes unless otherwise stated, and the user undertakes not to use or acquire, copy, copy, sell, resell or use any part of SundrayCloud's functions and services for, but not limited to, advertising and any other commercial purposes.
4.3 Sundray shall provide SundrayCloud functions/services to users in accordance with the signed contract, this Agreement or relevant rules, and the user's configuration or other forms of authorization/instructions. We will continue to make efforts to develop and fully operate and maintain, so as to provide users with product functions or services that better meet the use requirements and have better use experience, and provide comprehensive support and guarantee as much as possible during the use of users. Within this process, Sundray may provide users with product updates by means of software replacement, modification, function enhancement and version upgrade, and inform users of the updates through announcements as necessary.
4.4 Confidentiality obligations of both parties:
4.4.1 Confidential information refers to all technical and non-technical information disclosed by one party to the other party (including but not limited to relevant information such as product or service price or marketing plan, business plan and strategy, customer list and customer information, financial information, product development or relevant technical plan, etc.).
4.4.2 Either party hereto agrees to keep confidential the above-mentioned confidential information of the other party, and strictly restrict those who have access to the above-mentioned confidential information from observing the confidentiality obligations of this article. Unless required by state organs according to law or the above confidential information has entered the public domain, the party receiving confidential information shall not disclose it to the outside world.
4.4.3 Both parties to this Agreement explicitly recognize that their business data and other information are their important assets and key confidential information, and agree to do their best to protect the above confidential information from disclosure. Both parties shall cooperate to take all reasonable measures to avoid or mitigate the damage consequences in case of discovering the risk/hidden danger or incident of disclosure of relevant confidential information.
4.4.4 The confidentiality obligations of both parties agreed in this Article shall not be invalidated due to the termination of this Agreement.
4.5 Administrator declarations and warranties
You agree that the enterprise user to which you belong has the right to manage your behavior and related data and rights in using SundrayCloud based on the requirements of business management, human resource management and internal information security control as you are the end user authorized by the enterprise user to register the SundrayCloud number and use the functions and related services of SundrayCloud within the licensed permission. You should ensure that all your related uses have been legally, effectively and fully authorized by enterprise users and will consciously perform all duties in accordance with the agreement, as well as the system specifications, management needs and true wishes of enterprise users, including but not limited to complying with relevant specifications for account registration and use, effectively protecting account security, and complying with information content and other relevant specifications/requirements during account use. Sundray does not discuss the authorization behavior, SundrayCloud usage rights control and related rights disposal behavior between enterprise users and their authorized/designated end users unless otherwise provided by law. Undertake any responsibility to the Enterprise User or End User, and Sundray has reason to acquiesce that all actions you engage in according to its permission represent the corresponding Enterprise User, and has the right to require the Enterprise User you represent to bear the responsibility if you fail to perform the obligations agreed in this Agreement.
Article 5 Data Processing Instructions
5.1 Users' use of SundrayCloud involves specific situations that need to be directly processed or entrusted by Sundray, including but not limited to data types, processing purposes and methods, and data security protection, etc., which will be explained to users through the Privacy Protection Policy applicable to SundrayCloud.
5.2 Enterprise users act as data processors, and Sundray only acts as trustees in this process since Sundray provides the functions and related services of SundrayCloud APP based on the needs of enterprise users to efficiently manage their wireless/Internet of Things devices. The relevant data involved in using SundrayCloud are entrusted to collect, store, use, process, transmit, provide, disclose and delete in accordance to the needs of enterprise users and their administrators and instructions such as operation and configuration. In view of this situation, Sundray reached a special agreement with the user as follows:
5.2.1 The user understands and agrees, Citizens' personal information, as well as the legitimate rights and interests related to assets such as computers or electronic data whose ownership belongs to individuals, are protected by law. Therefore, if you deal with the personal information or personal assets of the end user or other personal subjects in the process of using the products/services provided by Sundray, you should guarantee that you have not infringed all the legitimate rights and interests related to the personal and property of the personal subjects, such as: The user should ensure that he has obtained the express consent of other relevant personal subjects, and authorize Sundray to provide you with the products and services agreed in this Agreement on this premise when collecting and processing personal information, except that the personal information belonging to the administrator can be authorized and agreed by the administrator when confirming the signing of this Agreement. The user shall bear it himself/herself, and the user shall compensate all the losses caused to Sundray if the user violates it.
5.2.2 Sundray shall not be responsible for reviewing the specific contents of the entrusted data, and users shall be responsible for the legality of the contents themselves. All consequences and responsibilities caused by this shall be borne by users themselves, and the system logs or other relevant recorded data retained by Sundray may be used as evidence of users' anti-laws and regulations if users use this platform to carry/disseminate/publish any data content that violates applicable laws and regulations or national policies.
5.3 For example, SundrayCloud provides you with relevant data analysis services based on the entrusted data and feeds back the analysis results to you, which you understand and agree to: The data analysis results provided by SundrayCloud will only be for your own reference without warranting your applicability or guidance for any other purpose. In addition, users should pay attention to the fact that some data analysis results provided by SundrayCloud may contain intellectual property rights or other legitimate rights and interests exclusive to Sundray. Sundray will only authorize you to use it for reference purposes, and you will not use it for other purposes or authorize/provide it to other third parties.
5.4 Users should back up the relevant data using SundrayCloud according to their own needs. Sundray will only keep such data in accordance with the relevant laws and regulations of the region or your authorization, and will not assume any responsibility for the backup work or results of user data although Sundray will keep logs and other necessary data in the process of providing users with relevant functions/services. Sundray has the right to require the user to bear the corresponding costs required for data processing and maintenance without violating relevant laws and regulations if the user needs Sundray to assist you in exporting or inquiring/retrieving relevant data, unless the user and Sundray have reached an agreement on data backup or related processing.
Article 6 Intellectual Property Rights
6.1 Sundray enjoys relevant intellectual property rights such as copyright, trademark right and patent right and legal protection of trade secrets according to law as the obligee of relevant intellectual property rights contained in the products/services provided to you. Intellectual property is a valuable intangible asset on which Sundray business depends, which is included not only in the solutions of Sundray products or services used by users, but also in the brand image such as trademarks and logos that users identify Sundray. Sundray promises to users: Sundray has independent and complete intellectual property rights, and there is no defect of rights infringing third-party intellectual property rights for products or services acquired and used by users through legal authorization.
6.2 At the same time, you understand and agree that: The intellectual property rights and other legitimate rights and interests owned by Sundray shall not be infringed in any way in the process of using Sundray's products or services, including but not limited to not implementing, licensing or transferring the above-mentioned intellectual property rights by itself or by any third party for commercial or non-commercial purposes without the written consent of Sundray. It is not allowed to copy, modify, disassemble, decompile, reverse crack, reverse engineer and other operations on the software and hardware products provided by Sundray and/or any part thereof, or try to access or intercept any source code in Sundray products by any means, and shall not avoid or destroy the technical measures taken by Sundray to protect intellectual property rights, and shall not modify, destroy or cover up the trademarks or logos marked on Sundray products or system platforms without authorization. Sundray reserves the legal right to investigate any infringement of intellectual property rights.
6.3 You understand and agree to authorize Sundray to use your name, trademark and logo in publicity and promotion, but only to indicate that you belong to our customers or partners.
Article 7 Limitation of Liability and Exemption Clauses
7.1 You understand and agree that functionality/service interruptions may occur when using SundrayCloud in the following circumstances. Sundray will cooperate with relevant units to repair in time in case of the following situations, but Sundray will not be able to bear the losses you suffer as a result:
7.1.1 Affected by force majeure factors, including but not limited to natural disasters, government actions, promulgation and adjustment of laws and regulations, strikes (except internal labor disputes of either party), unrest and other unforeseeable, unavoidable and insurmountable objective situations;
7.1.2 Affected by the services of basic operators, including but not limited to the technical adjustment of the telecommunications sector, the destruction of telecommunications/power lines by others, and the installation, transformation and maintenance of telecommunications networks/power resources by the telecommunications/power sector;
7.1.3 Network security accidents occur, such as computer viruses, Trojans or other malicious programs, hacker attacks, etc.;
7.1.4 You use SundrayCloud related functions or services in a way that is not allowed by Sundray, or the functions or services cannot be used normally due to improper operation, loss or theft of your account number, or failure of your computer software, system, hardware and communication lines;
7.1.5 Other non-Sundray faults that Sundray cannot control or reasonably foresee.
7.2 If your use of SundrayCloud is subject to the authorization or license of a third party due to the particularity of the business you operate/manage, you shall guarantee that this premise has been met, and Sundray will accept your entrustment and provide you with the products or services agreed in this Agreement based on your foregoing guarantee, and Sundray will not bear any form of joint and several liability for your breach of the agreement with the third party or infringement of other legitimate rights and interests of the third party.
7.3 You understand and recognize that SundrayCloud and Sundray will maintain independence from third-party products, services or other businesses or content. You shall make your own judgment and be responsible for the legality, reliability, applicability or quality of software/hardware, plug-ins, tools provided by third parties or advertising, promotion or publicity information (including commercial or non-commercial information). Sundray will not be liable for any loss or damage suffered by you due to the products/services/information provided by third parties unless expressly provided by law.
7.4 At the same time, you should understand that, the related products provided by Sundray may be used by other users to commit fraud (including but not limited to sending fraudulent information, connecting remote control to implement fraud-related operations, etc.), gambling, prostitution, illegal lending and other illegal and criminal acts based on their functions. Sundray will do its best to cooperate with the public security or other regulatory authorities to investigate and collect evidence in the event of such an incident, and take measures conducive to reducing losses as much as possible. However, Sundray, as a provider of products and technical services, cannot predict or control the occurrence of such incidents. Therefore, users should always pay careful attention during the use of any products or services to prevent the corresponding risks brought by related illegal and criminal acts.
7.5 You understand and agree that the products and services provided by Sundray are provided according to the current situation that can be achieved by the existing technology and conditions. Sundray will try its best to provide you with high-quality products/services. However, Sundray cannot guarantee that the products/services provided are flawless or fully suitable for your business needs due to the technical level of the industry or other objective factors. Therefore, Sundray does not promise or guarantee the validity, completeness, accuracy, reliability and timeliness of the technology or information involved in the products/services provided, and does not need to bear any responsibility except for the matters that Sundray explicitly guarantees to you in specific scenarios. Both parties can seek to solve them together through friendly cooperation if there are technical or other problems beyond the commitment or cognition of both parties in the process of using SundrayCloud.
7.6 Under no circumstances shall Sundray be liable for any indirect, disciplinary, sudden/accidental and special damage consequences, including but not limited to loss of profits, loss of interest, suspension of business, damage and loss of data or other assets, etc.
7.7 The total liability of Sundray for breach of contract or loss based on violation of applicable terms or rules of the Agreement for the Products/Services provided to you shall not exceed the total fees charged for providing the corresponding products/services.
Article 8 Valid Notice
8.1 You should ensure and maintain the authenticity and validity of the user data (including but not limited to telephone number, e-mail and other contact information). You shall bear the corresponding responsibilities if the user data is false or invalid, which may cause you to be unable to learn the business notice, function/service prompt, technical support, dispute coordination, violation punishment and other information in time.
8.2 You shall send a notice to Sundray according to this Agreement or the contact information published on Sundray's official website, unless otherwise agreed by both parties.
8.3 Sundray can send you various information related to products/services through one or more of methods such as the website announce, system notifications, in-station letters, e-mails, mobile phone short messages, instant messaging tools, letters, etc., such as notifications, prompts, verification messages, marketing information, etc. (including but not limited to updated user agreements, relevant rules, product/service upgrades, computer room abolishment, advertisements, etc.). The aforesaid information shall be deemed to have been delivered under the following circumstances (The first working day after delivery shall be the delivery date if the delivery time is a legal holiday):
8.3.1 It shall be deemed to have been delivered when the recipient signs for it if it is delivered by special person.
8.3.2 It will take effect once it is published (unless otherwise stated) if it is published in the form of website announcement.
8.3.3 It will be deemed as delivered after successful sending if it is sent in electronic form (including system notification, in-station letter, e-mail, mobile phone short message, instant messaging tool, etc.).
8.3.4 It shall be deemed to have been delivered on the third natural day after posting if it is delivered by courier company with prepaid postage or by registered mail.
Article 9 Application of Laws and Dispute Resolution
9.1 The establishment, entry into force, performance, interpretation and dispute resolution of the Agreement shall be governed by the laws of the People's Republic of China (excluding the applicable laws, excluding Hong Kong, Macao and Taiwan for the purpose of this Agreement). Reference can be made to applicable commercial practices in the absence of relevant laws and regulations.
9.2 It should be settled through friendly negotiation first if there is any dispute or dispute between you and Sundray. You agree to submit the dispute or dispute to the competent people's court where Sundray is located if there is no agreement upon the negotiations.
Article 10 Other
10.1 The headings of all terms and conditions of this Agreement are for the convenience of reading only, and the headings alone cannot be used as the basis for interpreting the contents of the terms and conditions of this Agreement.
10.2 When you use SundrayCloud, you can contact us through the [Intelligent Robot] of SundrayCloud APP or by calling the customer service hotline [0086-0755-86953231] for technical support or other consultation.
Sundray Technology Co., Ltd.