Service Agreement of EMARK INNOVATIONS
Welcome to EMARK INNOVATIONS Private Limited
Before accepting the Agreement, you are supposed to thoroughly read all
contents of the Agreement, and fully know its terms, especially restrictive
clauses or exceptions. Restrictive clauses or exceptions are bold or highlighted in other forms to catch your attention. In case of any doubt the terms of the For the agreement, please contact the relevant business department of EMARK INNOVATIONS. You are not allowed to use the service before you have
read and accepted all terms of the Agreement, relevant agreements, rules, etc.Once you select "agree and submit the Agreement" (see registration page for detailed wordings) and complete the registration procedure, or you use
the service in any form, it will be deemed that you have read and agreed with the restriction of the Agreement and rules above. In case of any breach of the Agreement, EMARK INNOVATIONS has the right to unilaterally restrict,
suspend or terminate the service for you, and has the right to investigate your relevant responsibilities.
The Service Agreement (hereinafter referred to as "the Agreement") is signed by you and EMARK INNOVATIONS. It includes (but is not limited to) EMARK INNOVATIONS Privacy Policy and other contents. In case of change, EMARK INNOVATIONS will announce by means of the licensed software sending a message without further notification. Upon the announcement, the changed agreement and rules become a part to the The agreement automatically, without further notification to you for your consent. In case of objection to such relevant changes, stop using EMARK INNOVATIONS’S service; if you keep using it, it will be deemed that you hold no objections against the changed rules and agree to abide by them.
I. Definitions of Terms
1.1 Licensed software refers to a software system developed by EMARK
INNOVATIONS, downloaded and installed, and applied in specified system mobile
terminals.
1.2 Services refer to services provided for you by EMARK INNOVATIONS and
its suppliers. You can use such services on the mobile terminal with the
licensed software.
II. Service
2.1 EMARK INNOVATIONS offers you intelligent life equipment
management services, based on which you can access the intelligent terminals on
EMARK INNOVATIONS and its suppliers' smart the platform through the EMARK
INNOVATIONS Control, and realize interlinkage among intelligent equipment.
Service contents include intelligent equipment management, scene interlinkage,
analysis report, etc. Such functions may be optimized or modified according to
changes in users' demands or judgment of service supplier and service supply
may be suspended due to regular and irregular maintenance.
III. Scope of Service
3.1 EMARK INNOVATIONS grants you the right to use the product based on
this software.
3.2 You are prohibited to license, sell, lease, transfer, issue the
product in any form or use the product for other commercial purpose.
3.3 Due to limitations on software adaptation platform and terminals,
you can only use the licensed software in the authorized system platform and
terminal; if you install the licensed software on other terminal equipment, it
may damage your hardware or software function.
3.4 You acknowledge that the licensed software can only be used for
non-commercial purposes and installation, application, and running of the
licensed software is prohibited. If such commercial operation is necessary,
prior written authorization and permission from EMARK INNOVATIONS shall be
obtained.
3.5 EMARK INNOVATIONS and its suppliers may change, upgrade, or transfer
the licensed software or relevant functions from time to time, and may add new
functions or services in the licensed software system. If no separate
agreements are accompanied with the aforesaid new functions or services, you
are entitled to the corresponding functions and services, which are also
subject to the Agreement.
3.6 You shall be responsible for the accuracy, reliability, integrity,
and legality of input data and legality of how you obtain the data and shall
back up data and information from time to time. You shall bear all risks for
damage and loss of such information.
3.7 You shall properly keep your account number and password. In case of
any safety loophole for your account (including but not limited to divulgence
of user password), you shall notify EMARK INNOVATIONS in time, and EMARK
INNOVATIONS will assist you in taking relevant measures. Otherwise, all
behaviors related to your account shall be assumed by you and you will bear all
responsibilities.
IV. A Third Party
4.1 You acknowledge that certain services of EMARK INNOVATIONS and
its suppliers are based on software or services provided by a third party. Such
service is set to facilitate your application and necessary legal authorization
is obtained from the third party.
4.2 The product includes certain information and services of the third
party. EMARK INNOVATIONS and its suppliers neither control nor bears
responsibility for the information and services of the third party.
4.3 You acknowledge that EMARK INNOVATIONS and its suppliers cannot
guarantee that the licensed software always uses or contains such services, or
that other software provided by the same third party will be used in the
future. Likewise, it may use similar services supplied by another third party.
The aforesaid corresponding software or services are subject to this Agreement
upon application.
V. Service Application Standard
5.1 You shall use the licensed software in a normal manner. The
following ways are in breach of the applicable standard:
1) Issue or share computer viruses, worms, malicious codes, or software
that deliberately damages or changes a computer system or data;
2) Collect information or data of other users without authorization, for
example, email address and the like;
3) Maliciously automatically use the product, causing overload to the
server, or interfering with or damaging web server and network links in other
forms.
4) Attempt to visit server data or communication data of the product
without authorization;
5) Interfere with or damage the production application by other users.
5.2 You understand and agree that:
1) EMARK INNOVATIONS will determine whether or not you are involved
in violation of standards above, and suspend or terminate your application
license according to determination results or take other restrictions according
to agreements.
2) EMARK INNOVATIONS will directly delete information in breach of
laws, infringing others' legal rights, or in breach of the Agreement issued by
you when using the licensed software.
3) If a third party suffers from damage due to your breach of
application standards, you shall independently bear legal responsibility in
your name, and protect and indemnify EMARK INNOVATIONS from losses or
additional expenses generated therefrom. Otherwise, EMARK INNOVATIONS has
the right to claim compensation.
4) If EMARK INNOVATIONS and its suppliers suffers from any loss due
to your breach of relevant laws or the Agreement, you shall compensate EMARK
INNOVATIONS and its suppliers for losses and (or) expenses generated
therefrom.
VI. Information Content Standard
6.1 You promise that you will not conduct any activities in breach of
laws or improper behaviors by using the service, such acts and behavior
includes (but is not limited to):
6.1.1 Uploading, transferring, or sharing information containing one of
the following contents:
1) Opposing the basic principles determined in the Constitution;
2) Endangering state safety, disclosing state secrets, subverting state
power and sabotaging state unity;
3) Damaging state honor and benefit;
4) Inciting national hatred and discrimination and sabotaging national
unity;
5) Destroying religious policy of the state and advocating heresy and
feudalistic superstition;
6) Spreading rumors, disturbing social order and destroying social
stability;
7) Spreading obscenity, porn, gambling, violence, murder and terror or
abetting a crime;
8) Insulting or slandering others and infringing on the legal rights and
interests of others;
9) Containing contents of sham, defraudation, harm, the threat,
infringement on others' privacy, harassment, infringement, slander, coarseness,
indecency, or morally repulsive contents;
10) Containing other contents restricted or forbidden by applicable
laws, regulations, rules, provisions, and other legal standards.
VII. Private Policy and Data
7.1 EMARK INNOVATIONS must protect your personal information. EMARK
INNOVATIONS prepares EMARK INNOVATIONS Privacy Policy, in which
contents related to ownership and protection of intellectual property,
collection, use, share, storage, and protection, etc. of your information are
disclosed. You are suggested to thoroughly read EMARK INNOVATIONS Privacy
Policy.
VIII. Exception Clauses
8.1 Unless otherwise specified in laws and regulations, EMARK
INNOVATIONS will do its best to ensure the security, validity, accuracy,
and reliability of the licensed software and technologies and information
involved, but EMARK INNOVATIONS is unable to guarantee the same due to
restriction by available technologies nowadays. 8.2 You understand that EMARK INNOVATIONS will not assume responsibility for direct or indirect losses
caused by force majeure and default of a third party. 8.3 You shall be responsible for personnel injury or incidental or indirectly injury caused by or related to one of the following accidents: 1) A third party uses the licensed software or changes your data without permission; 2) Expenses and losses produced by using the licensed software; 3) Your misunderstanding of the licensed software; 4) Other losses related to licensed software caused by reasons not attributable to EMARK INNOVATIONS. 8.4 Any other licensed software-derived software not developed and released by EMARK INNOVATIONS or the development and release are not granted by EMARK INNOVATIONS is illegal software. Downloading, installing, and using such software may cause unpredictable risks. EMARK INNOVATIONS shall be free from legal responsibilities and disputes generated therein and EMARK INNOVATIONS shall have the right to suspend or terminate the applicable license and/or other all services. 8.5 You have been informed that the usage of EMARK INNOVATIONS and its supplier's smart platform involves Internet service, which may be affected by unstable factors in all links. Although EMARK INNOVATIONS has taken safeguard measures, the service may be suspended, terminated, delayed, or suffered from application restriction or an application failure due to inherent defects of Internet and e-communication as well as factors beyond the reasonable control of any party to the Agreement (including but not limited to fire, flood, terrorist attack, pestilence, natural disasters, riot, terminal virus, hacker attack, network fault, and terminal fault). You hereby agree to bear the foregoing risks and agree that EMARK INNOVATIONS is free from any responsibility when the normal running of services is influenced by the occurrence of the foregoing risks.
IX. Agreement Termination and Breach of Agreement
9.1 You should understand that you shall use the licensed software
according to authorization scope, respect intellectual property of software and
contents contained in the software, and perform obligations according to the
Agreement when using EMARK INNOVATIONS services. EMARK INNOVATIONS will
terminate the application license if you are in a material breach of the
Agreement.
9.2 Your application of the software relies on supporting services
supplied by EMARK INNOVATIONS-related companies. Breach of terms, agreements, rules, annunciation, and other relevant regulations of EMARK INNOVATIONS and its related companies may cause failure in normal usage of licensed software,
in which case, EMARK INNOVATIONS shall be entitled to terminate the application license, or take measures to restrain your application license or other rights and interests controlled by EMARK INNOVATIONS as agreed in the Agreement, including suspension or termination of your application license.
9.3 In case you breach the Agreement or other agreements signed with EMARK
INNOVATIONS, EMARK INNOVATIONS and its suppliers shall have the right to
notify the related companies, requiring them to take restrictive measures to
your rights and interests, including requiring related companies to suspend or
terminate supplying part or whole services for you, and legally announce your
breach of agreement on websites run or controlled by them.
9.4 The licensed software is downloaded from the downloading platform
and you shall abide by stipulations of the download platform, system platform,
and terminal manufacture on application ways and restrictions of the licensed
software. If the above mentioned third party confirms that you are in breach of
the agreement and EMARK INNOVATIONS and its supplier's treatment is
required, EMARK INNOVATIONS may terminate your application license at the
third party's request.
9.5 When the application license terminates, you shall stop using the
licensed software and destroy all copies.
9.6 You must bear all compensation responsibilities if EMARK INNOVATIONS and
other users suffer from losses caused by your breach of terms in the Agreement.
X. Governing Laws and Severability
10.1 Effectiveness, explanation, change, execution and dispute
settlement of the Agreement are subject to laws of Please enter appropriate
jurisdiction. If no relevant laws and regulations are available, reference to
generally international business practices and (or) industrial practices shall
be made.
10.2 Dispute arising from or in connection with the The agreement may be
settled by you and EMARK INNOVATIONS through friendly negotiation or
submitted to the court with competent jurisdiction of Please enter appropriate
jurisdiction where the Agreement is signed for adjudication.
10.3 When any term of the Agreement is judged to be invalid by such
court, it will not influence the effectiveness of other terms or any part
thereof, and you and EMARK INNOVATIONS shall perform the valid terms in
good faith.